Permit Spotlight: NYC DEP Stormwater Construction Permit

Key requirements at a glance:

·       Required for projects disturbing 20,000 square feet or more of soil

·       Also required for projects creating 5,000 square feet or more of new impervious area

·       Weekly inspections by a Qualified Inspector (QI)

·       Permit displayed on the construction site

·       Inspections continue until DEP approves the Notice of Termination or Stormwater Maintenance Permit

Most construction inspections focus on what is being built. Stormwater Pollution Prevention Plan (SWPPP) inspections focus on what is leaving the site. A single rainstorm can carry sediment, concrete washout, and debris off an active site and into catch basins, sewers, and local waterways.

Since NYC DEP's Unified Stormwater Rule took effect in 2022, SWPPP requirements have applied to many more projects across the five boroughs. This quarter, we're explaining what a SWPPP is, when it's required, and what to expect from the weekly inspections.

What Is a SWPPP?

A SWPPP is a site-specific plan that shows how stormwater will be managed during and after construction. It typically includes erosion and sediment controls such as silt fence, inlet protection, and stabilized construction entrances. It also covers pollution prevention measures like concrete washout areas and material storage, and permanent stormwater management practices (SMPs) such as detention tanks or green infrastructure.

Under Title 15 RCNY Chapter 19.1, DEP must review and approve the SWPPP before the Stormwater Construction Permit is issued. Projects disturbing one acre or more may also need coverage under the NYSDEC SPDES Construction General Permit.

Who Can Perform SWPPP Inspections?

SWPPP inspections must be performed by a Qualified Inspector. On projects with permanent SMPs, the QI must be a New York State licensed Professional Engineer or Registered Landscape Architect. A Certified Professional in Erosion and Sediment Control (CPESC) may serve as QI on projects with erosion and sediment controls only.

Field inspectors can perform inspections as Supervised QIs under a licensed QI at the same firm, provided they complete four hours of NYSDEC-endorsed training every three years.

How Often Are Inspections Required?

QI inspections are required weekly on most sites. Sites disturbing more than five acres at one time, or discharging to an impaired waterbody, require two inspections per week. During a DEP-approved temporary shutdown, inspections drop to monthly. DEP must be notified at least seven days before any shutdown.

What Does the Inspector Look For?

At each visit, the QI walks the site and its discharge points to confirm the controls in the SWPPP are installed and working. Common findings include torn or overtopped silt fence, clogged inlet protection, sediment tracked onto the street, and overflowing concrete washouts. Disturbed areas left inactive must be stabilized within 14 days, or 7 days on larger sites.

SWPPP Inspection Process

Review the Approved SWPPP
Confirm required controls, SMPs, and site discharge points.

⬇

Inspect the Site
Walk erosion and sediment controls, pollution prevention measures, and discharge points.

⬇

Notify the Team
Report required corrective actions to the owner and contractor within one business day.

⬇

Corrective Action
Contractor begins repairs within one business day and completes them within five business days.

⬇

Document and Report
Issue signed reports with date-stamped photos, kept on site and summarized to DEP monthly.

Plan Ahead for Close-Out

Weekly inspections continue until DEP approves the Notice of Termination (NOT) or Stormwater Maintenance Permit. At close-out, the QI certifies final stabilization and removal of temporary controls, and a Qualified Professional certifies that permanent SMPs were built per the SWPPP. DEP then performs its own final inspection.

Missing as-built drawings or incomplete SMP documentation are common causes of close-out delays. Planning for these items early keeps the inspection program, and project costs, from running longer than necessary.

How EPIC Can Help

EPIC provides weekly SWPPP inspections as Qualified Inspector, often combined with special inspections already scheduled for the same site visit. That's the case at 860 Concourse Village East, featured in this quarter's EPIC Inspects. Our team also inspects permanent stormwater detention systems under NYC Building Code Section 1705.27.2 and supports owners through DEP close-out.

If your project requires a Stormwater Construction Permit, contact the EPIC team to discuss your SWPPP inspection needs.

REVIEWER NOTE : Requirements in this article were checked against the following NYC DEP documents: NYC DEP Qualified Inspector Guidance

https://home4.nyc.gov/assets/dep/downloads/pdf/water/stormwater/qualified-inspector-guidance-presentation.pdf

https://www.nyc.gov/assets/dep/downloads/pdf/water/stormwater/unified-stormwater-rule/unified-stormwater-rule_faqs.pdf

Equipment Spotlight: HYDRAJAWS® M35+

EPIC's newest testing equipment provides:

·        Testing capability for anchors ranging from 1/4" to 3/4" diameter

·        Digital load measurement and recording

·        Calibrated equipment for Special Inspection applications

·        Testing capacity up to 35 kN (approximately 7,868 lbs)

·        Portable design for use on active construction sites

·        Reliable proof load testing for post-installed anchor installations

As construction projects continue to rely on post-installed anchors for structural, architectural, and MEP applications, verification of anchor performance has become an increasingly important part of quality control and Special Inspection programs.

In a previous EPIC Knows article, we discussed the inspection requirements for post-installed anchors, including ICC-ES accreditation, installation procedures, and the requirements of NYC Building Code Section 1705.37. This month, we're focusing on another important aspect of anchor compliance: proof load testing, commonly referred to as anchor pull testing.

What Is Anchor Pull Testing?

Anchor pull testing is performed to verify that an installed anchor can safely resist the loads for which it was designed. During testing, a controlled tensile force is applied to the anchor using calibrated hydraulic equipment while movement and performance are monitored.

Unlike a visual inspection, pull testing provides measurable data that helps confirm the anchor and supporting substrate are performing as intended.

Depending on project requirements, pull testing may be specified by the Engineer of Record, required by a manufacturer's installation criteria, or requested to verify existing conditions and installation quality.

Why Is Pull Testing Important?

Even when anchors are installed according to manufacturer requirements, field conditions can vary significantly. Concrete strength, substrate condition, embedment depth, edge distances, and installation practices can all affect anchor performance.

Proof load testing provides an additional level of confidence by verifying that installed anchors can support the intended loads. It can also identify potential issues before they result in costly delays, repairs, or safety concerns later in construction.

For owners, contractors, architects, and engineers, pull testing serves as an important quality assurance measure while providing documented results for project records.

EPIC's New Testing Capability

EPIC is pleased to announce the addition of the HYDRAJAWS® M35+ Pull Tester to our field equipment inventory.

This new capability allows our team to perform anchor pull testing as part of our Special Inspection services. By bringing testing in-house, EPIC can provide greater scheduling flexibility, faster response times, and more efficient coordination between inspections and testing activities.

Whether your project involves structural connections, façade attachments, equipment supports, guardrails, miscellaneous metals, or other post-installed anchor applications, our team can now assist with the testing and documentation necessary to support project requirements and compliance obligations.

Plan Ahead to Avoid Delays

One of the most common causes of project delays is discovering testing requirements late in construction. Early coordination between the design team, contractor, and Special Inspection Agency can help identify testing requirements before anchors are installed.

Reviewing anchor specifications and Special Inspection requirements during the planning phase helps reduce additional mobilizations, avoid scheduling conflicts, and keep projects moving forward.

Post-Installed Anchor Testing Process

Review Approved Anchor Design
Confirm anchor type, size, and project requirements.

⬇

Verify Installation
Inspect anchor installation, embedment depth, and substrate conditions.

⬇

Perform Proof Load Test
Apply a controlled tensile load using calibrated testing equipment.

⬇

Document Results
Record testing data and observations.

⬇

Issue Inspection Report
Provide documentation to support project compliance and closeout requirements.

How EPIC Can Help

EPIC continues to invest in equipment, technology, and personnel to better serve our clients and project partners. The addition of the HYDRAJAWS M35+ Pull Tester expands our ability to provide comprehensive Special Inspection services while maintaining the responsiveness and quality our clients expect.

If your project includes post-installed anchors and requires proof-load testing, contact the EPIC team to discuss your inspection and testing needs.

Introduction

Requirements for masonry testing and the proper testing procedures are frequently misunderstood, often resulting in unnecessary sampling, inconsequential noncompliance reports related to low breaks, and misinterpretation of test results. In many cases, masonry sampling and testing are not performed in accordance with approved procedures. In this article EPIC hopes to clarify the building code requirements for masonry testing for designers, owners, and inspectors.

The Quality Assurance (QA) requirements of masonry construction are provided in section 1705.4 of the 2022 New York City Building Code (2022 NYC BC). The 2022 NYC BC reference TMS 402/602 Building Code Requirements and Specification for Masonry Structures (TMS 402/602).

As per TMS 402/602:

• Per TMS 402/602, the specified compressive strength of masonry, f’m, is the governing material property for both clay and concrete masonry. This value may be established using one of the following methods:

• The Unit Strength Method[BT1] : uses mortar and unit (block or brick) strength values to determine f’m using Tables 1 or 2 in TMS 602 1.4 B.2.

• The Prism Test Method: uses a small-scale assembly of the wall built in the field or saw cut from an already built wall.

• In case there is a reason to doubt the proper masonry construction (low breaks, missed inspections, etc.) these values are validated through The Prism Test Method.

From Reinforced Concrete Masonry Construction Inspector’s Handbook (Chrysler, 2010):

The scope of the quality assurance program should include verification of f’m by the Prism Test Method, the Unit Strength Method, or Testing Prisms from Constructed Masonry. Tests may also include units, mortar or grout, however these tests are unnecessary and redundant when testing masonry assemblages.  

Unit Strength Method

The Unit Strength method determines f’m by using results from the masonry unit strength and mortar type which are used to look up the corresponding f’m in the table corresponding to the unit type (clay or concrete masonry).

Unit

Often overlooked – the unit of the masonry element (CMU, Brick, terra-cotta etc.) has to be tested to determine the masonry strength - f’m using the table. Unit strength is performed per ASTM C140 for CMU and ASTM C67 for Brick and clay tile.

Mortar

Regarding the mortar testing, there are two mortar testing standards, ASTM C270 and ASTM C780. ASTM C270 is for mortars sampled and tested in the lab while ASTM C780 is for mortar sampled and tested in the field. ASTM C270 lists values for mortar strength for type M, S, N, and O mortars, however these values are not required to be met by compressive testing as per ASTM C780. In other words, mortar quality control is performed by verifying the mixing procedures, not compressive testing; low breaks are not basis for rejection as outlined in the testing standards.

Additionally, Per TMS, there is no compression testing requirement for veneer. “TMS 402 12.1.1.3 Articles 1.4 A and B and 3.4 C of TMS 602 shall not apply to any veneer.”

Grout

Although grout strength is not used to determine f’m, it is required to conduct a minimum compressive test:

TMS402/602: 2.2B When f'm exceeds 2,000 psi (13.79 MPa), provide grout compressive strength that equals or exceeds f'm. Determine compressive strength of grout in accordance with ASTM C1019.

Grout prisms are made using ASTM C1019: either by specialized cardboard forms or using the units on four sides and wetted paper towels. This is done to replicate the moisture absorption that is going to take place during grouting.

Sampling grout using plastic cylinders (ASTM C39) is not allowed.

The Prism Test Method

When validation of the compressive strength is desired, the Prism Test Method is conducted according to ASTM C1314. This requires physical testing of an assembly built on site or cut from an existing wall.

 Frequency of Testing

Frequency of testing is determined by the designer. Depending on Level B or Level C masonry special inspections that are established by the designer, the code outlines minimum testing. The designer may specify a higher amount of sampling and testing than the code requires.

In short:

• Level B applies for Risk Category I, II, or III buildings that are three stories or less, and requires f’m verification prior to construction.

• Level C applies for masonry in buildings greater than three stories, and for certain engineered masonry in Risk Category IV, and requires f’m verification prior to and every 5,000 sq. ft. of masonry construction.

Self-Consolidating Grout (SCG)

Where self-consolidating grout is used, the code requires verification of “slump flow and Visual Stability Index (VSI) as delivered to the site”, per TMS 602 Article 1.5.B.1.b.3 (Level B and Level C programs both reference this minimum test).

Non-potable water systems distribute water that is not designed for human consumption but are an efficient and environmentally friendly way to operate a wide range of appliances, including toilets and irrigation systems. However, it is imperative that this type of system is installed and inspected properly to avoid leaking, or worse, contamination of drinking water. As such, there are eight tests and visual inspections, specified in Sections 108, 312, and Sections 1302.12.1 through 1302.12.7 of the 2022 NYC Plumbing Code, that must be performed to ensure proper installation.

Collection pipe and vent:

Collection pipes and vents can be tested using water, air, or smoke, but must have no leaks and be tight at all points.

Storage tank:

Storage tanks must also be tested for leaks, but there are 3 specific parts of the storage tank that require close inspection. The overflow system must be verified to have no leaks and proper drainage, the tank drain must be observed for proper operation, and the makeup water system must be observed not only for proper operation but also for automatic shutoff of the system at the refill threshold.

Water supply system:

On top of all the previous leak tests, the entire system (or in some cases just the completed portion) must be pressure tested for leaks above its working pressure. This must be done using potable water.

Backflow prevention assemblies:

Errors or defects in backflow prevention assemblies pose some of the highest risk to public health, in that they can contaminate potable water systems. Because of this, all backflow prevention assemblies must be inspected and tested after installation or repairs and annually thereafter. This includes but is not limited to air gaps, spill-proof vacuum breakers, pressure vacuum breaker assemblies, and hose connection backflow preventers.

Vermin and insect protection:

As many non-potable water systems use air gaps and vents, proper measures must be taken to protect the system (and thus the buildings and people who use it) from insects and other vermin.

Water quality:

Though it is not necessary for every system, some non-potable water systems treat the water before it is used. When they do, the water quality must be tested and monitored to ensure safe use.

Cross connection control:

A lot of work goes into backflow prevention and inspection, but all of this becomes for nothing if the nonpotable water system is connected to a potable water system without the proper air gap. On top of this proper signage must be displayed to reduce the risk of future cross connections, and the pipes that carry non-potable water must be purple in color.

Roofwasher (if applicable):

Roofwashers must be tested by introducing water into the gutters to verify that enough rainwater is diverted in order to clear debris, that the amount of diverted water is field adjustable, and that diverted water is drained properly. On top of this, it must be verified that the roofwasher operates automatically and is accessible for maintenance and service.

Every system is unique and poses a unique set of challenges. No matter the type of non-potable water system, we at EPIC are always prepared to provide the diligent oversight and code-required inspections that these systems require.