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Upcoming changes affecting the way construction projects are permitted in New York City will have significant ramifications for contractors.
On December 11, the definition of a major building in the city’s building code change of 10 floors to seven, or 75 feet, incorporating thousands of additional projects.
This means that any major new construction, total demolition, or interior demolition with mechanical equipment seven stories or higher will require a site safety coordinator and an approved site safety plan.
Without those requirements, projects won’t be able to get a permit and begin construction, according to Peter Amato, president of New York City-based construction safety consultancy Site Safety.
Amato, a former deputy commissioner of the New York City Department of Buildings, has more than 25 years of experience consulting on thousands of landmark buildings in New York City. Here, he talks to Construction Dive about the upcoming changes and how to navigate them.
Editor’s Note: This interview has been edited for brevity and clarity.
CONSTRUCTION Immersion: With these new changes, how can contractors help the inspection and permitting process run as smoothly as possible?
PETER AMATO: With the new code changes, smaller contractors may not be familiar with how difficult it can be to get approvals. This is true not only for the DOB, but for any city or state agency, such as the Fire Department, the DOT, and the Department of Design and Construction.
Peter Amato
Permission granted by Site Safety LLC
I would say that contractors need to hire professionals to help them navigate the entire application, permit, certificate of occupancy, approval and signature process. Don’t try to figure it out on your own.
Additionally, contractors who have historically built low-rise buildings up to nine stories tall will be required to hire a security consultant to provide full-time security professionals and obtain approvals for site security plans and tenant protection plans . This is an area they may not understand and I strongly recommend hiring a professional.
How could the new law affect construction work in the city?
Delays in obtaining approvals for a site safety plan will prevent contractors from withdrawing permits. I have seen work start dates pushed back two to three months because contractors failed to get an approved site safety plan. The last thing a contractor wants is to get a stop work order and delay their project.
It is also recommended that contractors be prepared before contacting a city agency. Get your team on the same page and have your blueprints, request numbers, ideas on how to coordinate logistics, and any alternative means of protecting the public ready to go and have a key person coordinate the meeting .
Contractors should start early on any inspection requests. Know who to call and how to navigate DOB NOW, the department’s online portal.
What other new requirements are city contractors facing?
As of last January, building superintendents can only be appointed with three permits at a time. In January 2026, this number will be reduced to one permit. (Note that if a superintendent is in a major building, he cannot be on more than one permit).
This means that contractors must send their staff to obtain Superintendent Licenses and Supervisory SST Training Cards.
Besides, Tenant protection plans contractors are required to obtain it whenever they carry out work in or on a residential building if one or more residents occupy a dwelling during construction. Some contractors neglect this requirement and are surprised when their project receives a DOB stop work order.
Contractors should also note that tenant protection plans must be inspected weekly by a special inspection agency, hired by the building owner.
what does the the current shortage of building inspectors mean for city contractors?
Given this scarcity, the DOB has been around doing safety inspections pretty well. The biggest problem is the delays contractors face when seeking inspections or approvals.
Does it affect workplace safety?
I don’t see security being affected at this time. In fact, with the site safety training requirements in place, along with the new requirement for site safety coordinators in low-rise buildings in December, I anticipate fewer fatalities than in the past.
