On 3/30/2020, the NYC Department of Buildings issued a Guidance Document for owners and contractors on the enforcement of essential vs. non-essential construction under NYS Governor’s Executive Order 202.6, Guidance on Executive Order 202.6 published by NYS ESDC Item 9, and NYC Emergency Executive Order No. 103.

Under the Guidance Document, all non-essential construction must shut down. Only 3 types may continue (1) emergency construction, (2) essential construction, and (3) construction where the work is being performed by a single worker on the job site. Applications for designation of a construction site as either essential or emergency work should be submitted at http://www.nyc.gov/dobnow.

Emergency construction are projects that protect health and safety of the occupants; restore essential services such as heat, hot water, electricity; work necessary to repair any conditions that would severely affect life, health, safety, property, or many persons; or to continue a project if it would be unsafe to allow to remain undone until it is safe to shut the site.

Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters.

Construction projects that cannot maintain distance and safety best practices must close. The Department of Buildings will regularly inspect all construction sites known to ensure compliance and noncompliance will lead to the issuance of violation with penalties up to $10,000.

On 4/3/2020, the Department of Buildings released a real-time map of essential and emergency construction sites. See Essential Active Construction Sites Map.

Yoars Law has decades of experience with regulations involving the construction industry. We focus on being proactive legal advisors while providing transparent and predictable legal fees so our clients can manage their budgets effectively in an industry where controlling costs is one keystone in the success of a project.

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