I. Background
This bulletin establishes the procedures for inspecting, monitoring and certifying modular units. This document does not address modular units intended for use as one- or two family dwelling units or multiple dwellings of not more than two stories in height pursuant to Article 18, Section 383(c) of the New York State Executive Law and 19 NYCRR Part 1209. Lastly, this bulletin does not preclude an application to OTCR for universal acceptance criteria for modular work.
II. Modular units with plumbing, fire suppression piping, electrical or oil-burning equipment assemblies
The owner may elect one of two methods of certifying code-compliance for modular units that contain assemblies that would require New York City licensed trades such as master plumbers, master fire suppression piping contractors, oil-burning equipment installers or electricians if the assembly were performed on-site.
A. Certification by Licensees. The owner hires the appropriate New York City licensees, who will perform all work. The following steps must be adhered to in order to utilize this option:
1. Prior to construction document approval.The owner or applicant of record (professional engineer or registered architect) must apply to OTCR for site-specific acceptance of a quality control and inspection program accompanied by an in-shop monitor statement(s) (Form OTCR2 accompanied by Exhibit 3). In most cases, the in-shop monitor(s) must be either a New York State licensed professional engineer or a New York City licensee.
2. During off-site assembly of modular units. All applicable work must be performed by NYC licensees and employees under the licensees’ direct and continuing supervision. Such licensees must maintain records and logs, demonstrating technical code compliance for each modular unit, for at least six years from the date of the issuance of the final certificate of occupancy and shall make records available to the Department upon request.
3. Prior to delivery to the construction site. Licensee Certification(s), signed and sealed by the licensee(s), attesting to the technical code compliance for that specific modular unit, shall be submitted to OTCR (Exhibit 2).
4. During delivery to the construction site. Each modular unit delivered to the construction site shall be accompanied by a copy of the applicable Licensee Certification(s) in item 3, above. Such certification(s) shall be made available to DOB and FDNY inspectors prior to installation of the modular unit and shall be maintained at the job site until signoff. If the modular unit is not accompanied by the Licensee Certification(s), DOB may issue a Stop Work Order to prevent the unit’s installation.
5. On-site work. All work that take place on the construction site necessary for connecting the modular units must be performed by applicable New York City licensees pursuant to a work permit covering such connections.
B. Certification by in-shop monitor. In this option the owner hires an in-shop monitor(s) acceptable to the OTCR, who submits signed certifications attesting to the modular units’ technical code compliance with respect to the applicable work. The following steps must be adhered to in order to utilize this option:
1. Prior to construction document approval. The owner or applicant of record (professional engineer or registered architect) must apply to OTCR for site-specific acceptance accompanied by a licensed trade statement(s), (OTCR2, accompanied by Exhibit 1).
2. During off-site assembly of modular units. All applicable work must be monitored by the in-shop monitor(s) who must certify to the units’ compliance with all applicable technical code requirements.
3. Prior to delivery to the construction site. Monitor Certification(s), signed and sealed by the monitor(s), attesting to the code compliance for that specific modular unit, shall be submitted to OTCR (Exhibit 4).
4. During delivery to the construction site. Each modular unit delivered to the construction site shall be accompanied by a copy of the applicable Monitor Certification in item 3, above. Such certification(s) shall be made available to DOB and FDNY inspectors prior to installation of the modular unit and shall be maintained at the job site until signoff. If the modular unit is not accompanied by the Monitor Certification(s), DOB may issue a Stop Work Order to prevent the unit’s installation.
5. On-site work. All work that take place on the construction site necessary for connecting the modular units must be performed by applicable New York City licensees pursuant to a work permit covering such connections.
III. Modular units requiring special and/or progress inspections
Modular units often contain work subject to special and/or progress inspection requirements pursuant to the New York City Construction Codes. Specific procedures, set forth below, must be followed with respect to modular units.
A. Inspections performed during assembly. Except for special inspections exempted pursuant to an approved fabricator program as described in item B below, all special and progress inspections requirements of the New York City Construction Codes are applicable to modular units. Special and progress inspectors are expected to travel to the assembly locations and perform all applicable required inspections, and to maintain records that refer to the modular unit numbers inspected.
B. Exemption from Special Inspections. The assembly of components for modular units may be exempt from certain special inspection requirements if an approved fabricator approval has been issued in accordance with section BC 1704.2.2 prior to the commencement of the assembly work. In order to obtain such an exemption, the following steps must be followed:
1. Prior to commencement of the assembly of components for modular units.
a. The manufacturer must obtain approved fabricator status from OTCR in accordance with Buildings Bulletin 2011-009.
b. The approved fabricator must submit a Certificate(s) of Intent to Fabricate (Buildings Bulletin 2011-009, Attachment A) within two weeks after the issuance of the work permit associated with the onsite construction project, in accordance with Buildings Bulletin 2011-009. Such certificate(s), certifying that work on modular units will be of uniform quality with good control in manufacturing and that work will be performed in accordance with the approved construction documents and applicable provisions of the law shall be submitted to OTCR.
2. During off-site assembly of modular units. The approved fabricator is authorized to assemble modular units pursuant to the OTCR approval previously issued to that fabricator under Buildings Bulletin 2011-009.
3. After completion of the assembly of components for the modular units. The approved fabricator must submit a Certificate(s) of Compliance (Buildings Bulletin 2011-009, Attachment B) within two weeks after completion of work, in accordance with Buildings Bulletin 2011-009. Such certificate(s), certifying that work was performed in accordance with the approved construction documents and applicable provisions of law shall be submitted to OTCR.
C. On-site Special Inspections. All special inspections required as part of connecting the modular units on-site per BC Chapter 17 must be performed by applicable New York City special inspection agencies.