COVID-19 Response: Updated Guidelines for Suspension of Work on Non-essential Construction and Demolition Sites Including Professional Certification Categories and new Certificate of Authorization Requirement
As part of the ongoing COVID-19 public health emergency, in accordance with New York State Executive Order 202.6, Empire State Development guidance (updated 4/9/20) and New York City Emergency Executive Order, all work on non-essential construction and demolition sites is suspended for the duration of this state of emergency.
See Buildings Bulletin 2020-004 for guidance on securing suspended construction and demolition sites and DOB Guidance Document on Enforcement of Essential vs. Nonessential Construction (updated 4/15/20). For suspended sites that require a site safety manager, site safety coordinator or construction superintendent, a weekly certification must be submitted to the Department. See the COVID-19 Response: Weekly Safety Inspection Reports Service Notice.
The Department of Buildings will regularly inspect all construction sites to ensure compliance with emergency orders. Non-compliance will result in the issuance of a violation carrying a penalty of up to $10,000.
Essential Construction Requests
The Essential Construction request portal at www.nyc.gov/dobnow has been modified for the updated guidelines as set forth in Empire State Development guidance on NYS Executive Order 202.6 and the DOB Guidance Document.
For jobs in approved status, an Essential Construction request must be submitted to proceed with an initial work permit application (PW2). Antenna, Construction Fence, Curb Cut and Sidewalk Shed work types and jobs at a BIN that has already been identified as essential (see the Essential Active Construction Sites map for more information) are exempt and can proceed without submission of an Essential Construction request. See the FAQs for information about electrical, elevator and limited alteration applications.
Professionally Certifiable Essential Construction Requests
Essential Construction requests submitted as Emergency Construction section A (protect safety and health of occupants), work limited to a single worker or construction for other essential business will be professionally certified. All other categories will be submitted to the Department of Buildings for plan examiner review.
Appeals of Essential Construction Requests
Appeals are no longer available for requests submitted prior to the updated DOB guidance issued on April 15, 2020. Submit a new Essential Construction Request for consideration under the updated guidelines.
A maximum of two appeals are allowed for new requests submitted on or after April 15, 2020. To request an appeal, log in at www.nyc.gov/dobnow and from the Essential Construction dashboard select Appeal from the Filing Actions column. Selections made on the Essential Construction Questionnaire cannot be changed during the appeal process.
Certificates of Authorization
Once a request is approved in the Essential Construction portal, a Certificate of Authorization must be printed for each approved job and posted at the work site. The certificate is valid from the date the Essential Construction request was approved until April 29, 2020. If the state of emergency is extended, the certificate date will be automatically updated and a new certificate will need to be printed.
To print the certificate, go to www.nyc.gov/dobnow and from the Essential Construction tab (without logging in), enter the job number and select Print Certificate. The certificate can also be printed when logging in from the Essential Construction dashboard by opening the request and selecting the printer icon on the Actions column for each Job Filing No.
A Certificate of Authorization is only required to be posted at work sites categorized as Approved Work on the Essential Active Construction Sites map. All other categories (affordable housing, homeless shelter, hospital/health care, schools and utilities) do not require a certificate provided the building is identified as such on the Essential Active Construction Sites map.
Permits already in effect, are required to remain active until the end of the term for which they were issued and must be renewed for as long as work remains suspended. There are no changes to the permit renewal process and all applicable fees apply.
After Hours Variances (AHV)
Initial AHVs can only be requested for jobs that have an approved Essential and Emergency Construction request. All approved jobs seeking a permit can drop off initial AHV applications at a borough office; it cannot be submitted in eFiling or DOB NOW. See the Application Processing Service Notice for information about drop off procedures.
For additional service updates see the DOB COVID-19 Response page.
Melanie E. La Rocca Commissioner
