Effective December 11, 2024, the definition of a “major project” will expand from any project that is 10 or more stories or at least 125’ tall to include any project that is 7 or more stories or 75’ tall. [1] This change is the result of Local Law No. 147 passed in 2021 by the City Council coming into effect 3 years later and will be effective for any permit issued or renewed after December 11, 2024.
General contractors and construction managers will need to adjust their employment and project procedures, as well as their permitting and timing expectations, with site safety being a major concern.
Major projects require that the project site safety plan (“SSP”) be approved by the Department of Buildings (“DOB”) prior to obtaining a permit, rather than simply having an SSP produced and on-hand for inspection. Not only will contractors necessarily need to produce more robust SSPs, but those will need to be submitted for approval and DOB comment further in advance than before, even for projects that would have previously been classified as major projects, because of the additional stress on the DOB review process.
Additionally, the change in classification to a major project means that, in conjunction with the updates to site superintendent rules throughout the City, any project of 7 stories or 75’ or more will require both a registered and dedicated site superintendent and a site safety manager or coordinator. If contractors can find sufficient personnel, the impact is likely to be only that the costs of the project will go up to account for a dedicated site superintendent, but if the general, skilled worker shortage continues, then projects will be delayed for lack of personnel.
This will massively expand the universe of projects which will have to comply with the DOB’s major project rules and requirements, potentially even doubling that number, and will undoubtedly cause an increase in compliance, oversight, and review times and costs for many more projects going forward. Contractors which had previously focused on projects below this new, expanded definition, will need to make sure that they have both the expertise and the manpower to navigate the DOB’s systems and reporting requirements as well as have the trained staff to meet the on-site needs.
[1] The existing 100,000 square foot total floor area basis remains unchanged.
