In an effort to improve both personal and job site safety, the New York City Council enacted Local Law 149 of 2021 (LL 149), which took effect January 1, 2026. LL 149 reduces the number of jobs that a construction superintendent (CS) can hold at one time to no more than one (1) job, regardless of whether that job is considered a major building or a non-major building. Prior to January 1, a CS was allowed to be designated as the primary on no more than one (1) major building job, or three (3) non-major building jobs. LL 149 effectively removes the distinction between “major” and “non-major” buildings in determining CS capacity.
The New York City Department of Buildings (DOB) clarified in a Service Notice that LL 149 does not impact the ability of a CS to serve in a back-up or non-primary role on a project, and construction superintendents who held up to three (3) non-major building jobs as of December 31, 2025 will be allowed to remain on those projects until completion.
The DOB also specified that the ability to designate a Competent Person under Section 3301.13.12 of the New York City Building Code will sunset on January 1, 2027. A “Competent Person” is designated by the CS and effectively acts as a stand-in for the CS on the job site when the CS is not present. As of January 1, 2027, a CS will be required to be at the site at all times work is occurring, unless covered by an exemption under Section 3301.13.17.
