N.Y.C. Admin. Code § BC 3307: Section BC 3307: Protection of Pedestrians

3307.1 Scope.

Pedestrians shall be protected during construction or demolition activities as required by this section and by the Department of Transportation.

3307.2 Streets, including bicycle lanes and sidewalks, as well as walkways and pathways.

Streets, including bicycle lanes and sidewalks, as well as walkways and pathways, either within the public way or within a site, shall meet the requirements of Sections 3307.2.1 through 3307.2.6, and the requirements of the Department of Transportation.

3307.2.1 Obstruction of streets, including bicycle lanes and sidewalks.

The requirements of the Department of Transportation shall apply with regard to the closing of streets, including bicycle lanes and sidewalks, or to the obstruction of any part thereof.

3307.2.2 Temporary public walkway in the street.

Where authorized by the Department of Transportation, a temporary walkway open to the public may be provided in the street in front of the site. Such temporary walkway shall be protected in accordance with the requirements of the Department of Transportation. Department of Transportation authorization is required where a temporary walkway and a temporary or permanent bicycle lane will share the same space.

3307.2.3 Temporary public walkway within the site.

Where authorized by the commissioner, a temporary walkway open to the public may be provided through a site that is otherwise fenced and closed to the public. Such temporary walkway shall be:

1. Protected by a sidewalk shed, or where acceptable to the commissioner, provided with overhead protection and lighting equivalent to that afforded by a sidewalk shed;

2. Enclosed along the side facing the site with a solid fence that meets the requirements of Section 3307.7. Where the sidewalk shed or equivalent overhead protection extends beyond 8 feet (2438 mm) in height, the fence shall extend to the top of the overhead protection, or the gap between the top of the fence and the overhead protection shall be enclosed with a wire screen comprised of not less than number 18 gauge wire mesh, or equivalent synthetic netting that is flame retardant in accordance with NFPA 701, with openings in the wire or synthetic mesh no larger than 1/2 inch (13 mm) in the vertical or horizontal dimensions and 3/4 inch (19 mm) in any other dimension; and

3. Enclosed along the side facing the street in accordance with Section 3307.4.7.

3307.2.4 Pathways.

Where a means of ingress/egress to a building or structure remains open to the public during the course of construction or demolition, an adequate pathway shall be provided between such means of ingress/egress and the sidewalk, or in lieu of the sidewalk, the temporary public walkway provided in accordance with Section 3307.2.2.

3307.2.5 Foot bridges.

Where foot bridges are utilized as part of a sidewalk, walkway, or pathway, they shall be provided with guardrails for the entire length, and shall have cleats to prevent slipping. Where planks are used to pave the walkway of the foot bridge, the planks shall be laid close and securely fastened to prevent displacement. Planks shall be of uniform thickness, and all exposed ends on ramps shall be provided with beveled fillers to eliminate tripping hazards.

3307.2.6 Requirements for sidewalks, temporary walkways, foot bridges, and pathways.

Sidewalks, walkways, foot bridges, and pathways that remain open to the public shall be accessible and shall be provided with:

1. A continuous clear path, free of obstruction, at least 5 feet (1524 mm) in width;

2. A durable walking surface capable of supporting all imposed loads and in no case shall the design live load be less than 150 pounds per square foot (732.4 kg/m

2

);

3. Mirrors at locations where a pedestrian's or bicyclist's view is obstructed, including but not limited to blind corners, blind turns, and points where fencing or similar barriers project into a sidewalk, temporary walkway, foot bridge, or pathway;

4. For a temporary walkway or foot bridge where there is a change in elevation along the walkway or foot bridge, a ramp with a running slope not steeper than one unit vertical in 12 units horizontal (8-percent slope) with a level landing at least 5 feet long at the top and bottom of each run, and if there is a total rise greater than 6 inches (152 mm), handrails; and

5. For a temporary walkway or foot bridge where the running slope of such walkway or foot bridge is steeper than one unit vertical in 20 units horizontal (5-percent slope) and there is a total rise greater than 6 inches (152 mm), handrails.

Exception: Where it is not possible to provide the continuous clear path to the extent required by Item 1, the sidewalk, temporary walkway, or pathway shall be kept open to the extent required by the Department of Transportation, and shall also comply with applicable provisions of ICC A117.1, the ADA Accessibility Guidelines for Buildings and Facilities and/or the ADA Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, as applicable.

3307.3 Sidewalk sheds and fences.

Sidewalk sheds shall be provided as required by Section 3307.6. Fences shall be provided as required by Section 3307.7.

3307.4 Warning signs, personnel, and barriers.

Warning signs, personnel, or barriers shall be provided to protect the public from hazards generated by construction or demolition activity in or adjacent to a public way as set forth in Sections 3307.4.1 through 3307.4.7.

3307.4.1 Obstructions and openings.

Obstructions or openings located in a public way shall be marked and guarded by barriers, flags, or signs in accordance with the requirements of the Department of Transportation.

3307.4.2 Dangerous areas.

In areas where special danger to the public exists, including but not limited to vehicle entrances and exits, hoisting areas, points of storage of explosives or highly flammable material, blasting areas, or discharge ends of chutes, descriptive warning signs shall be provided in accordance with the requirements of the Department of Transportation.

3307.4.3 Vehicular traffic.

Whenever any work is being performed over, on, or in close proximity to a highway, street, or similar public way, control and protection of traffic shall be provided by barriers, signals, signs, flagpersons, or other devices, equipment, and personnel in accordance with the requirements of the Department of Transportation.

3307.4.4 Areas open to persons other than workers.

A flagperson shall be provided whenever intermittent operations are conducted on, or adjacent to, areas open to use by persons other than workers, or when dangerous operations, such as blasting, may affect such areas. Where required by the Department of Transportation, designated personnel shall also be provided in addition to flag persons.

3307.4.5 Additional signs.

In addition to the requirements of this section, information panels and signs shall also be provided as required by Section 3301.9.

3307.4.6 Prohibited signs.

See Section 3301.9.

3307.4.7 Work or storage zones.

Where work or storage related to the construction or demolition of a building or structure is occurring adjacent to a sidewalk shed or equivalent overhead protection, and such work or storage area is not contained within the enclosed and fenced area of the site as specified in Section 3307.7, fencing, barriers, or netting complying with Items 1, 2, or 3 of this section shall be provided to separate the sidewalk, walkway, foot bridge, or pathway from the work or storage area.

1. In an area where a material hoist, personnel hoist, hoistway, chute, or hoisting zone is located, a solid opaque fence or barrier shall be provided. Such fence or barrier shall be securely attached to the sidewalk shed or equivalent overhead structure, and shall extend from the level of the ground to the deck of the sidewalk shed or equivalent overhead protection.

2. In an area where a special hazard exists, including but not limited to areas of high pile storage or areas where operations that produce sparks or debris are occurring, such as cutting or grinding, a fence or barrier shall be provided. Such fence or barrier shall be securely attached to the sidewalk shed or equivalent overhead structure, and shall extend from the level of the ground to the deck of the sidewalk shed or equivalent overhead protection. Portions of the fence or barrier at a height of 4 feet (1219 mm) or less shall be comprised of solid opaque material. Portions of the fence or barrier above a height of 4 feet (1219 mm) shall be comprised of material sufficient to protect the public from the special hazard and shall be transparent so as to allow a clear view into and from the area protected by the sidewalk shed or equivalent overhead protection, for example, chain link fencing, neatly framed panels consisting of nonfrangible acrylic paneling, or wire screen comprised of not less than number 18 gauge wire mesh, or equivalent synthetic netting that is flame retardant in accordance with NFPA 701, with openings in the wire or synthetic mesh no larger than 1/2 inch (13 mm) in the vertical or horizontal dimensions and 3/4 inch (19 mm) in any other dimension.

3. In all other instances, one of the following shall be provided:

3.1. A chain link fence that is at least 8 feet (2438 mm) high;

3.2. A solid barrier that is at least 32 inches (813 mm) high, topped by a chain link fence extending to a height of at least 8 feet (2438 mm) above the level of the ground; or

3.3. A wire screen comprised of not less than number 18 gauge wire mesh, or equivalent synthetic netting that is flame retardant in accordance with NFPA 701, with openings in the wire or synthetic mesh no larger than 1/2 inch (13 mm) in the vertical or horizontal dimensions and 3/4 inch (19 mm) in any other dimension. Such wire screen or synthetic netting shall extend from the ground to a height of at least 8 feet (2438 mm) above the level of the ground and shall be securely attached to the sidewalk shed or equivalent overhead protection. A solid barrier that is at least 32 inches (813 mm) high may be installed in lieu of bringing the netting fully to the ground, provided the bottom of the netting is also securely attached to the solid barrier.

3307.5 Watchperson and flagperson.

Watchpersons shall be provided as required by Section 3303.3. Flagpersons shall be provided as required by Section 3307.4.

3307.6 Sidewalk sheds.

Sidewalk sheds shall be provided as required by this section to protect pedestrians from construction or demolition operations.

3307.6.1 Permit.

No sidewalk shed shall be installed without a permit in accordance with the requirements of Chapter 1 of Title 28 of the Administrative Code.

3307.6.2 Where required.

A sidewalk shed shall be installed and maintained to protect all sidewalks, walkways, and pathways within the property line of a site, and all public sidewalks that abut the property, as follows:

1. When such sidewalk, walkway, or pathway is to be located immediately below a scaffold, mast climber, or chute. The sidewalk shed shall be installed prior to the installation of such equipment and shall not be removed until such equipment has been dismantled and/or removed from the area being protected;

2. When a structure higher than 40 feet (12 192 mm) or greater is to be constructed, and the sidewalk, walkway, or pathway is within a perpendicular distance from the new structure that is equal to or less than half the height of the new structure. The sidewalk shed shall be installed when the structure reaches the planned height of the shed. Such shed shall not be removed until the structure is enclosed, all exterior work has been completed and the sash is glazed above the second story, the facade has been cleaned down, and all exterior chutes, scaffolds, mast climbers, and hoisting equipment have been dismantled and removed from the site;

3. When a portion of a facade over 40 feet (12 192 mm) above curb level is to be constructed, altered, maintained, or repaired, or a vertical or horizontal enlargement is to occur at a height over 40 feet (12 192 mm) above curb level, and the sidewalk, walkway, or pathway is within a perpendicular distance from the structure that is equal to or less than half the height of such facade work or vertical or horizontal enlargement. The sidewalk shed shall be installed prior to the commencement of work at a height greater than 40 feet (12 192 mm) above curb level. Such shed shall not be removed until the building is enclosed, all exterior work has been completed and the sash is glazed above the second story, the facade has been cleaned down, and all exterior chutes, scaffolds, mast climbers, and hoisting equipment have been dismantled and removed from the site; or

4. When a structure higher than 25 feet (7620 mm) is to undergo a full demolition, or when exterior partial demolition, other than that performed in conjunction with the construction, alteration, maintenance, or repair of a facade, is to occur at a height greater than 25 feet (7620 mm) above curb level, and the sidewalk, walkway, or pathway is within a perpendicular distance from the structure that is equal to or less than half the height of the demolition work. The sidewalk shed shall be installed prior to the commencement of demolition work. Such shed shall remain in place until the building has been razed to the height of the shed, or where the building is not being fully demolished, until all demolition work has been completed and all exterior chutes, scaffolds, mast climbers, and hoisting equipment have been dismantled and removed from the site.

Exceptions: Except where specifically required by the commissioner to protect the public from unique hazards at the site, sidewalk sheds are not required for:

1. Sidewalks, walkways, and pathways, or portions thereof, that are closed to the public.

2. Temporary walkways in accordance with Section 3307.2.3 that are provided with lighting and overhead protection equivalent to that afforded by a sidewalk shed.

3. Inspections, including a facade inspection, provided no work occurs during the inspection.

4. Sign hanging occurring by or under the direct and continuing supervision of a licensed sign hanger.

5. Window washing.

6. Work confined to the roof of an existing building, provided that:

6.1. The edge of the roof is enclosed to a height of 42 inches (1067 mm) with a solid parapet;

6.2. Such parapet is of sufficient strength to resist accidental impact during construction;

6.3. The work does not exceed the height of the parapet or is set back from the edge of the roof at a distance that is equal to or greater than half the height of the work; and

6.4. No work occurs on the parapet itself, and no material is placed or stored on the parapet during the course of the work.

7. Subject to the approval of the commissioner, work of limited scope and duration provided that:

7.1. During the course of the work the area immediately under the work zone is temporarily closed to the public by means of barriers, cones, or caution tape, and flagpersons are provided to direct pedestrian traffic;

7.2. At the end of the day the facade of the building is left in a safe condition and fully enclosed; and

7.3. There is compliance with Section 3307.2.1.

8. Locations where a cantilevered platform has been installed, provided that:

8.1. The cantilevered platform is approved by the commissioner;

8.2. The cantilevered platform provides overhead protection equivalent to a sidewalk shed; and

8.3. The cantilevered platform is installed below the level of work to be performed, excluding work performed at the first story.

9. Areas along an exposure that are located more than 5 feet (1524 mm) beyond those required for compliance with Item 1 of Section 3307.6.2, provided that:

9.1. The work is limited to the alteration, maintenance, or repair of a facade, and does not constitute a facade recladding as defined in rules promulgated by the commissioner; and

9.2. The entire exposure where facade work is to occur is covered by either:

9.2.1. A supported scaffold with netting and guardrails in accordance with Section 3314.8; or

9.2.2. A site specific engineered enclosure system in accordance with Section 3309.17.

3307.6.2.1 Sidewalk shed alternatives.

The department shall promulgate rules for the use of containment netting as an alternative to a sidewalk shed for areas with no public access or for use on a building exposure adjoining the exposure where facade work is to occur.

(L.L. 2025/047, 4/17/2025, eff. 8/15/2025)

3307.6.3 Area to be protected.

The decking of the sidewalk shed shall extend:

1. The full length of the area that falls within the zone specified in Section 3307.6.2, plus an additional 5 feet (1524 mm) beyond such length, or to within 18 inches (457 mm) of the curb line, whichever is less; or where the sidewalk shed is installed to protect against an unenclosed facade, work, or equipment that is greater than 100 feet (30 480 mm) above the ground, the decking of the sidewalk shed shall extend the full length of the area that falls within in the zone specified in Section 3307.6.2, plus an additional 20 feet (6096 mm) on both ends beyond such length, or to within 18 inches (457 mm) of the curb line, whichever is less.

2. The full width of the sidewalk, walkway, or pathway that falls within the zone specified in Section 3307.6.2, except for a clearance to avoid existing obstructions, not to exceed 18 inches (457 mm) along the curb.

Exceptions:

1. Where it is not possible to bring the deck tightly against the face of an abutting building, structure, or fence, the deck shall be brought to within 1 inch (25 mm) of the face of such building, structure, or fence, with the resulting gap sealed or covered by material of sufficient manner and strength capable of trapping falling debris.

2. Openings in the deck to avoid tree trunks and branches, provided such opening is brought as close to the tree as practical without damaging the tree.

3. When installed exclusively for the maintenance or repair of an existing facade of a building, and the building does not have any setbacks above the second story, nor any permanent or temporary projections above the second story, other than air conditioning units or window lintels or sills, the sidewalk shed decking need not cover sidewalks, walkways, or pathways, or portions thereof that are more than 40 feet (12 192 mm) from such building unless the commissioner orders a larger area to be covered due to a unique hazard at the site.

3307.6.4 Design and construction of sidewalk sheds.

Sidewalk sheds shall be designed and constructed in accordance with the requirements of Section 3307.6.4.1 through Section 3307.6.4.11. The requirements set forth in sections 3307.6.4.1 through 3307.6.4.11 may be added to, deleted, or modified by rules of the department as necessary to support the implementation of new sidewalk shed designs. Upon promulgation of such rules, the design and construction of sidewalk sheds shall be in accordance with such rules.

3307.6.4.1 Design required.

All sidewalk sheds shall be designed by a registered design professional. The sidewalk shed design shall be detailed on plans developed by the registered design professional. The plans shall be specific to the site and shall, at a minimum, include a plan view and an elevation view, with full dimensions, detailing:

1. The site;

2. The sidewalk shed;

3. Design load of the sidewalk shed (e.g. light duty, heavy duty);

4. All obstructions at the site that may interfere with the sidewalk shed, including but not limited to those listed in Section 3307.6.4.9;

5. Dunnage, blocking, or other founding material for the sidewalk shed, including details necessary to satisfy the requirements of Item 2.3 of Section 3307.6.4.10;

6. Anchorage of the sidewalk shed to the sidewalk or building, if necessary;

7. Materials or items to be placed or stored on the sidewalk shed, if authorized, in accordance with the requirements of Section 3307.6.4.2.2;

8. Any items connected to or attached to the sidewalk shed;

9. Locations, dimensions, and connection details of all signage, including parapet information panels, to be installed on the sidewalk shed; and

10. Location of any scaffolds and reference to a related application, if applicable.

3307.6.4.2 Design loads.

All sidewalk sheds shall be designed as a heavy duty sidewalk shed to carry a live load of at least 300 pounds per square foot (1464.7 kg/m). However, where the shed is installed to protect from work performed at a height of less than 100 feet (30 480 mm) above the ground, the sidewalk shed may be designed as a light duty sidewalk shed to carry a live load of at least 150 pounds per square foot (732.4 kg/m

2

), provided that no item is stored or placed upon the shed.

3307.6.4.2.1 Wind and other loads.

The effect of wind and other loads on the sidewalk shed, and any item placed or attached on or to the shed, shall be considered in the design in accordance with Chapter 16.

3307.6.4.2.2 Storage.

Storage on sidewalk sheds shall be as follows:

1. No item shall be stored or placed upon a sidewalk shed designed as a light duty sidewalk shed under Section 3307.6.4.2.

2. Material may be stored or placed upon a sidewalk shed designed as a heavy duty sidewalk shed under Section 3307.6.4.2, provided conditions 2.1 through 2.4 are met:

2.1. The shed is designed for such storage, with such areas of storage or placement clearly designated on the drawings.

2.2. Where an item is to be stored or placed upon a heavy duty sidewalk shed, and such storage or placement is not in excess of 150 pounds per square foot (732.4 kg/m

2

) on any square foot area of the sidewalk shed, the design live load of 300 pounds per square foot (1464.7 kg/m

2

) need not be increased.

2.3. Where an item is to be stored or placed upon a heavy duty sidewalk shed, and such storage or placement is in excess of 150 pounds per square foot (732.4 kg/m

2

) on any square foot area of the sidewalk shed, such shed shall be designed to carry:

2.3.1. The live load of 300 pounds per square foot (1464.7 kg/m

2

) required of a heavy duty sidewalk shed; and

2.3.2. The load of the item to be placed or stored upon the shed, minus 150 pounds per square foot (732.4 kg/m

2

).

2.4. The decking of the sidewalk shed does not consist of light-transmitting plastic material.

3307.6.4.3 Materials.

Sidewalk sheds shall be constructed out of wood, steel, or other material possessing equivalent strength and suitability.

3307.6.4.4 Vertical members and beams.

Vertical members and beams of the sidewalk shed shall conform with the following:

1. Vertical members and beams shall be adequately braced and connected to prevent displacement or distortion of the framework.

2. The vertical members of the sidewalk shed shall be plumb, with a tolerance of L/100, with "L" measured as the distance from the ground to the first cross brace or bottom of the beam.

3. Vertical members shall not be placed into the street unless approved by the Department of Transportation and protected in accordance with Department of Transportation requirements.

4. Vertical members placed on the sidewalk shall not be placed closer than 18 inches from the face of the curb line.

5. Vertical members shall be placed at least 7 feet (2134 mm) from the edge of a curb cut or vehicular access point, or where placed closer, the vertical members nearest the curb cut or vehicular access point shall be protected against displacement by vehicles, or shall be identified with high visibility marking.

6. Vertical members, cross bracing, struts, and similar lateral support shall be placed in such a manner that the sidewalk, walkway, or pathway continues to comply with the requirements of Section 3307.2.6 and avoids interference in accordance with Section 3307.6.4.9.

7. Where the sidewalk shed is installed in conjunction with the construction of a new major building, a horizontal span of at least 10 feet (3048 mm), as measured down the length of the sidewalk, walkway, or pathway, shall be provided between all vertical members, except where a shorter span is needed to avoid the curb or obstructions in accordance with Section 3307.6.4.9; and all cross bracing, struts, and similar lateral support between vertical members shall be placed a minimum of 8 feet (2438 mm) above the level of the sidewalk, walkway, or pathway. However, cross bracing, struts, and similar lateral support between vertical members may be placed lower where it is installed to guard against a tripping hazard in accordance with Item 2.5 of Section 3307.6.4.10. Mast sections, box towers, or similar elements used as vertical members shall, for the purposes of this item, be considered to be one vertical member, provided its base does not exceed 24 inches by 24 inches (610 x 610 mm). In the alternative, a sidewalk shed that is of a model whose prototype won a design competition recognized by the city may be installed instead.

8. Where the decking of the sidewalk shed consists of light-transmitting plastic material, all cross bracing, struts, and similar lateral support between vertical members shall be placed a minimum of 8 feet (2438 mm) above the level of the sidewalk, walkway, or pathway. However, cross bracing, struts, and similar lateral support between vertical members may be placed lower where it is installed to guard against a tripping hazard in accordance with Item 2.5 of Section 3307.6.4.10.

3307.6.4.5 Deck.

The deck of the sidewalk shed shall conform with the following:

1. The deck shall consist of 2-inch (51 mm) thick wood plank or equivalent material, or shall consist of light-transmitting plastic material, which shall include an anti-slip walking surface integral to the material or as an applied coating.

2. The deck shall be capable of sustaining the loads required by Section 3307.6.4.2.

3. The deck shall be solid, or shall consist of planking or panels laid close and made tight.

4. Where wood plank is used, corrugated metal or equivalent material shall be installed under the deck to catch fine grain material.

5. The deck of the sidewalk shed shall be brought tight to the face of any abutting building, structure, or fence, except for permissible gaps in accordance with Section 3307.6.3.

3307.6.4.6 Parapet.

A vertical parapet at least 3 feet 6 inches (1067 mm) high, but no more than 4 feet (1219 mm) high, as measured from the deck of the sidewalk shed, shall be constructed along all edges of the sidewalk shed. Such parapet shall consist of galvanized wire screen not less than No. 16 steel wire gauge with a 1/2 inch (13 mm) mesh. Parapets shall be securely attached to the shed with braced uprights. Parapet braces shall be made of metal. Temporary removal of a portion of the parapet is permitted for the handling of material, provided the parapet is immediately restored at the end of the handling operation.

Exceptions:

1. A parapet is not required along the edge of the sidewalk shed that abuts a building or structure.

2. A parapet is not required along the edge of a sidewalk shed that abuts an area that is closed to the public.

3. Where the sidewalk shed is installed in conjunction with the full or partial demolition of a building or structure, other than work limited to a facade project, the parapet shall consist of plywood or other equivalent solid material.

4. Where a sign, including a parapet information panel, is installed on a sidewalk shed, the parapet backing for the sign may consist of plywood or other equivalent solid material.

3307.6.4.7 Height.

The passageway under the shed shall have a minimum clear ceiling height of 12 feet (3658 mm). A lower height may be allowed if necessary to avoid interference with required light, air, or egress.

Exception: Lights that extend no more than 8 inches (203 mm) below the level of the deck shall be excluded from the clear ceiling height measurement.

3307.6.4.8 Lighting.

Sidewalk shed lighting shall be in conformance with the following:

1. The underside of sidewalk sheds shall be illuminated at all times either by daylight or electric light. The level of illumination shall be uniformly distributed along the entire length of the shed with a minimum of 1.5 footcandle (17 lux) measured at the level of the walking surface, or 5 footcandle (55 lux) measured at the level of the walking surface when the walking surface is within 10 feet (3048 mm) of a subway entrance, bus shelter, or similar transit facility, with a minimum luminous efficacy of 90 lumens per watt or greater and be rated to operate at temperatures of 5°F (-15°C) and higher.

2. All lamps shall be enclosed in water-resistant and vandal-resistant fixtures, and all lamps, wiring, and accessory components shall conform to the requirements of the New York City Electrical Code.

3. Photosensors may be used to control electric lighting according to the amount of daylight available. All photosensors shall be equipped for fail-safe operation ensuring that if the sensor or control fails, the lamps will provide the lighting levels required by this section.

4. LED lighting shall be used to satisfy the requirements of this section.

5. Where a lighting fixture serving a sidewalk shed is within a 20-foot (6096 mm) radius of the fenestration of a dwelling unit, such lighting fixture shall be equipped with directional adjustment or shielding to eliminate light trespass toward such dwelling unit.

3307.6.4.9 Avoid interference.

Sidewalk sheds shall be installed and located so to not unreasonably obstruct, either visually or physically, traffic, curb cuts, curb ramps, vehicular access points, street lighting poles, traffic lights or signs, fire hydrants, fire department connections, water sampling stations, bus shelters, or other street furniture, trees, adjacent show windows, means of ingress/egress, subway entrances, or access points to vaults, manholes, or other underground structures.

3307.6.4.10 Founding.

Sidewalk shed founding shall be in accordance with the following:

1. The surface upon which the shed ultimately bears, such as the street, sidewalk, or ground, shall be capable of supporting the design loads of the sidewalk shed, including any item placed or stored upon the shed, without damage, settlement, or deformation to such surface.

2. Vertical members of the sidewalk shed shall bear upon base plates, mud sills, dunnage, or other adequate firm foundation. Such items shall be:

2.1. Made of suitable firm material. Supports such as barrels, boxes, loose brick, loose stone, hollow block, or other unstable materials shall not be used.

2.2. Capable of transmitting and distributing the load imposed by the sidewalk shed vertical member to the underlying surface.

2.3. Secured against movement in any direction. When consisting of several pieces of material, such as multiple wood blocks, the material shall be nailed or otherwise positively connected together to prevent dislodgement. When more than 1 inch (25 mm) thick, the material shall be nailed or otherwise positively connected to the sidewalk shed vertical member.

2.4. Installed in such a manner that the sidewalk shed vertical member is fully supported across all horizontal dimensions.

2.5. Installed in such a manner that no portion extends more than 1.5 inches (38 mm) beyond any horizontal edge of the sidewalk shed vertical member, or where it extends beyond such distance, is adequately guarded or barricaded to prevent tripping hazards; the installation of cross bracing, struts, and similar lateral support between the corresponding vertical members of the sidewalk shed will satisfy this requirement.

3307.6.4.11 Color.

Sidewalk sheds shall meet the following color requirements:

1. Parapet frames and braces, legs and vertical members, beams, cross bracing, and metallic elements shall be a solid acceptable color.

2. Parapet panels shall be a solid acceptable color, or display artwork pursuant to Section 3307.11.

3. Acceptable colors are hunter green, metallic gray, or white. In addition, when the shed is installed for an existing building, other than one undergoing a full demolition or subject to the provisions of Section 28-101.4.5 of the Administrative Code, a color matching the facade, trim, cornice, or roof of the building, if the roof is sloped and visible from the street, is acceptable.

4. Where a fence is installed at the site in accordance with Section 3307.7, the fence and shed shall be the same color.

Exceptions: Regardless of the color of the shed:

1. Metallic elements and components of the shed may be painted metallic gray.

2. Mesh elements of parapet panels may be black.

3307.6.5 Installation, adjustment, maintenance, repair, use, inspection, and removal of sidewalk sheds.

Sidewalk sheds shall be installed, adjusted, maintained, repaired, used, inspected, and removed in accordance with the following requirements.

3307.6.5.1 Safe condition.

Sidewalk sheds shall be maintained in a safe condition and used in a manner that eliminates hazards to the public. Any hazardous conditions or defects discovered with the sidewalk shed shall immediately be brought to the attention of the permit holder for the shed.

3307.6.5.2 Supervision of installation, adjustment, repair, and removal.

The installation, adjustment, repair, or removal of a sidewalk shed shall be performed under the supervision of a competent person designated by the permit holder for the sidewalk shed.

3307.6.5.3 Responsibility for maintenance and use.

Sidewalk sheds shall be maintained and used by the general contractor, or where there is no general contractor, the contractor causing the work to be performed, or where there is no active work, the building owner.

3307.6.5.4 Storage or placement of items.

No item shall be stored or placed upon a sidewalk shed unless such shed has been designed for such storage or placement in accordance with Section 3307.6.4.2.2. Where such shed has been so designed items shall be stored or placed only in the area designated on the drawings for storage. Any item placed or stored upon a sidewalk shed shall be secured in a manner to prevent dislodgement, displacement by wind, and shall be distributed so as not to exceed the design limits of the sidewalk shed.

3307.6.5.5 Cleaning.

The decks of sidewalk sheds shall be broom swept and cleaned of material daily while active work is occurring at the site.

3307.6.5.6 Sharp edges.

Where located in an area that could pose a danger to the public, bolts and screws without a cap, and sharp edges, shall be protected to prevent injury to the public.

3307.6.5.7 Installation inspection.

Upon completion of the installation of a sidewalk shed, the shed shall be inspected by a qualified person designated by the designer, the permit holder for the shed, or a third party acceptable to both the designer and the permit holder to verify that the sidewalk shed is in a safe condition and has been installed in accordance with drawings and the requirements of this chapter.

3307.6.5.8 Periodic inspection.

A periodic inspection of the sidewalk shed shall be performed six months following the last installation, adjustment, or repair inspection required by Section 3307.6.5.7 or 3307.6.5.9, or where no such inspection has occurred within six months, six months following the last periodic inspection. The periodic inspection shall be performed by a qualified person designated by the designer, the permit holder for the shed, or a third party acceptable to both the designer and the permit holder to verify that the sidewalk shed is in a safe condition and is in compliance with drawings and the requirements of this chapter.

3307.6.5.9 Inspection following an adjustment or repair.

Following a repair or adjustment at a site, the sidewalk shed shall be inspected by a qualified person designated by the designer, the permit holder for the shed, or a third party acceptable to both the designer and the permit holder to verify the adequacy of the repair or adjustment and to verify the sidewalk shed is in a safe condition and is in compliance with drawings and the requirements of this chapter.

3307.6.5.10 Daily inspection.

Sidewalk sheds shall be visually inspected daily by a person designated by the general contractor, or where there is no general contractor, the contractor causing the work to be performed, or where there is no active work, by the building owner to verify compliance with Items 1 through 5 of this section.

1. The lights are functioning;

2. No brace or rail is hanging unattached at one or more ends;

3. No portions of the support structure are disconnected;

4. No section of parapet is missing; and

5. All legs remain on their support and are supported to the ground, and any wood blocking is free of visible rot.

Exception: The inspections for a scaffold suspended or supported above a sidewalk shed shall be in accordance with Section 3314.

3307.6.5.11 Inspection reports.

The results of an inspection required by Sections 3307.6.5.7 through 3307.6.5.10 shall be recorded in an inspection report that is prepared, signed, and dated by the person who performed the inspection. In lieu of compliance with the requirements of Section 3301.7, copies of the inspection reports required by Sections 3307.6.5.7 through 3307.6.5.10 shall be maintained at the site by the general contractor, or where there is no general contractor, the contractor causing the work to be performed, or where there is no active work, by the building owner.

3307.6.5.12 Discovery of defects.

Defects discovered during the course of performing an inspection required by Sections 3307.6.5.7 through 3307.6.5.10 shall immediately be brought to the attention of the permit holder for the shed.

3307.6.5.13 Notification of removal.

The permit holder for the shed shall notify the department no more than two business days following the complete removal of a sidewalk shed.

3307.6.5.14 Signage.

Only signage, including parapet information panels, allowed by Section 3301.9, and indicated on the sidewalk shed design drawings in accordance with Section 3307.6.4.1, shall be installed on the sidewalk shed. Sidewalk shed signage shall only be installed, adjusted, maintained, repaired, and removed by the permit holder for the shed or an entity authorized by the permit holder.

3307.6.5.15 Permit issuance notification.

No later than the fifth day of each month, the commissioner shall send an e-mail notification to all council members and community boards containing a report of all new sidewalk shed permits issued during the immediately preceding month. Such report shall be disaggregated by council district and community district and shall include the reason for each sidewalk shed installation.

(L.L. 2026/001, 1/3/2026, eff. 1/3/2026)

3307.7 Fences.

All sites where a new building is being constructed, or a building is being demolished to grade, shall be enclosed with a fence. Fences shall also be installed to fully or partially enclose sites, as necessary, where there exists an open excavation, an unenclosed portion of a building accessible at grade, or other hazard to the public. Such fences shall be at least 8 feet (2438 mm) high, built solid for their entire length out of wood or other suitable material, and shall be returned at the ends to the extent necessary to effectively close off the site.

Exceptions:

1. The commissioner may approve the use of a chain link fence to:

1.1. Secure a site where work has been interrupted or abandoned and discontinued, and a registered design professional has certified that all construction or demolition equipment and material that pose a hazard to the safety of the public or property have been removed from the site or safely secured. Prior to the resumption of work, the chain link fence shall be replaced by a solid fence meeting the requirements of this section.

1.2 Secure portions of a site where a one- two- or three-family building that is 40 feet (12 192 mm) or less in height, or a commercial building 40 feet (12 192 mm) or less in height, is being constructed or demolished and such building is setback at least 15 feet (4572 mm) from sidewalks or spaces accessible to the public and 5 feet (1524 mm) from adjoining buildings or structures.

2. Chain link fence shall be installed and maintained to secure a site where work has been discontinued for not less than two continuous years after a registered design professional has certified that all construction or demolition equipment and material that pose a hazard to the safety of the public or property have been removed from the site or safely secured. Prior to the resumption of work, the chain link fence shall be replaced by a solid fence meeting the requirements of this section.

3307.7.1 Location of fence.

Where the fence is installed to fully enclose a site, the fence shall be constructed along the inside edge of the sidewalk or walkway and along the edges of the property line. Where a fence is installed to partially enclose a site, the fence shall be installed as necessary to prevent public access to any excavation or unenclosed portion of the building accessible at grade. Fences shall be installed and located so to not unreasonably obstruct, either visually or physically, traffic, curb cuts, curb ramps, vehicular access points, street lighting poles, traffic lights or signs, fire hydrants, fire department connections, water sampling stations, bus shelters, or other street furniture, trees, means of ingress/egress, or access points to vaults, manholes, or other underground structures.

Exceptions:

1. Fences may encroach onto the sidewalk in accordance with Department of Transportation requirements.

2. A fence is not required to be installed along the party wall of an adjoining property, provided no material is stored along such wall during the course of work.

3307.7.2 Gates.

Gates shall be sliding or shall swing into areas not accessible to the public, and shall be provided only where required for access to the site or to facilitate the work. Gates shall consist of the same material and construction as the rest of the fence. Gates shall be kept closed at all times except during actual loading and unloading operations, when individuals or vehicles are actively entering or leaving the site, or as needed to facilitate active work around the gate.

Exception: Where approved by the commissioner, chain link gates may be utilized in a solid fence.

3307.7.3 Viewing panels.

Viewing panels shall be provided in solid fences erected on or after July 1, 2013, at a rate one for every 25 linear feet (7.6 m) per frontage, with a minimum of one per frontage. Viewing panels shall be 12" x 12" (305 x 305 mm) in size and shall be blocked with nonfrangible acrylic paneling or equivalent material. The top of the viewing panel shall be located no more than 6 feet (1829 mm) above the level of the ground, and the bottom of the viewing panel shall be located no less than 3 feet (914 mm) above the level of the ground.

3307.7.4 Chain link fences or gates.

Where a chain link fence or gate is utilized, the following requirements shall apply:

1. The fence or gate shall be made of new materials or, where salvaged, the fence shall be in good condition;

2. The fence posts shall be of galvanized steel pipe of a diameter that provides rigidity. Posts shall be suitable for setting in concrete footings, for driving into the ground, or for inserting in precast concrete blocks. Such posts shall be spaced in a manner that maintains the required rigidity to form a safe exterior fence;

3. The fence or gate shall be constructed of woven, galvanized steel wire mesh and shall be of sufficient strength and rigidity to prevent access to the site; and

4. The fence or gate shall be covered with an opaque sturdy cloth "windscreen" fabric or equivalent netting at all locations. Fabric or equivalent netting shall be securely attached to the fence or gate in accordance with manufacturer specifications. The fabric, or equivalent netting, and the fence shall be maintained in a neat, rigid and taut appearance.

3307.7.5 Design of fences.

Fence installations shall be designed by a registered design professional. The effect of wind on the fence shall be considered in the design in accordance with Chapter 16.

Exception: Fences installed in connection with the construction or demolition of a one-, two-, or three-family building that is 40 feet (12 192 mm) or less in height.

3307.7.6 Installation and removal of fences.

Fences required by this section shall be installed prior to the commencement of work. Such required fences shall not be removed until:

1. The site has been filled and graded and all hazards to the public removed; or

2. The facade has been enclosed, with all doors and windows installed, and all exterior work, except for incidental work including but not limited to landscaping, painting, weatherproofing, or installation of signs or fixtures, has been completed.

3307.7.7 Condition of fences.

All fences and related windscreens or netting shall be installed, adjusted, repaired, and maintained in a sound condition, free of protruding or loose nails, wood, or metal, and with posts in an upright position restrained to prevent the fence from leaning or overturning.

3307.7.8 Inspection of fences.

Fences and related windscreens or netting shall be visually inspected at least once a week, or where a sidewalk shed is installed at the site, daily, by a person designated by the general contractor, or where there is no general contractor, the contractor causing the work to be performed, or where there is no active work, by the building owner to verify the fence and related windscreens or netting remains in a safe condition in accordance with Section 3307.7.7.

3307.7.8.1 Inspection reports.

The results of the inspection shall be recorded in an inspection report that is prepared, signed, and dated by the person who performed the inspection. In lieu of compliance with the requirements of Section 3301.7, copies of the inspection report shall be maintained at the site by the general contractor, or where there is no general contractor, the contractor causing the work to be performed, or where there is no active work, by the building owner.

3307.7.8.2 Discovery of defects.

Defects discovered during the course of performing the inspection shall immediately be brought to the attention of the permit holder for the fence.

3307.7.9 Color.

Solid fences shall meet the following color requirements:

1. Acceptable colors are hunter green, metallic gray, or white. In addition, when the fence is installed for an existing building, other than one undergoing a full demolition or subject to the provisions of Section 28-101.4.5 of the Administrative Code, a color matching the facade, trim, cornice, or roof of the building, if such roof is sloped and visible from the street, is acceptable.

2. Where a sidewalk shed is installed at the site in accordance with Section 3307.6, the fence and shed shall be the same color.

3307.8 Maintaining Department of Transportation pedestrian and bicyclist protection in place.

Notwithstanding other provisions of law, pedestrian and bicyclist protection required by the Department of Transportation shall be maintained in place and kept in good order for the entire length of time pedestrians and/or bicyclists may be endangered.

3307.9 Removing protection at conclusion of work.

Public property shall be left in as good a condition following the completion of the construction or demolition work as it was before such work was commenced. Except where otherwise required by this code, the owner or the owner's agent shall, upon the completion of the construction or demolition work, immediately remove all sidewalk sheds, fences, guard rails, temporary walkways, material, and other obstructions in or adjacent to the public way.

3307.10 Facilitating city work.

In the event a duly authorized city agency must repair, maintain, or install city property, including but not limited to intersection control signs, electrical equipment, traffic signals, lane markings, sewer and water manholes, bus shelters, street lighting, other street furniture, or fire hydrants, at a location where pedestrian protection required by this chapter is located, such pedestrian protection shall be removed as directed by the department of buildings as long as the removal is deemed to be safe and, if necessary, suitable appropriate pedestrian protection that does not interfere with the work of such city agency is installed.

3307.11 Artwork on temporary protective structures.

To the extent permissible under the zoning resolution, approved artwork or alternative artwork, as selected by the owner of a property at which a temporary protective structure has been installed, shall be displayed on such temporary protective structure as provided in this section.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023)

3307.11.1 Temporary protective structure types.

Temporary protective structures covered by this section include (i) sidewalk sheds, (ii) construction fences, and (iii) supported scaffolds when such temporary protective structures have been installed for at least 90 days.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023)

3307.11.2 Approved artwork.

For purposes of this section, the term "approved artwork" means a work of art approved by the department of cultural affairs or other agencies as designated by the department of cultural affairs for display on temporary protective structures pursuant to Section 2508 of the New York City Charter.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.2.1 Alternative artwork.

The owner of a property where a temporary protective structure has been installed may solicit a work or works of art for display on such temporary protective structure in lieu of approved artwork. Such owner shall notify, at a minimum, the council member in whose district such property is located and the community board of the community district in which such property is located, of a request for a work of art to be displayed on temporary protective structures at such property. Such owner may additionally notify community-based organizations based in the community district in which such property is located and any school, as such term is defined in subdivision g of Section 522 of the New York City Charter, located in the community district in which such property is located, of a request for works of art to be displayed on temporary protective structures at such property. Notifications made pursuant to this section must be made timely in accordance with a schedule established by rules of the department. Prior to installation of such work of art, such owner must obtain the approval for such work of art from the department of cultural affairs.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.3 Illumination prohibited.

Approved artwork or alternative artwork affixed to or painted on a temporary protective structure pursuant to this section shall not be illuminated.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.4 Required signs to be unobstructed.

Approved artwork or alternative artwork affixed to or painted on a temporary protective structure pursuant to this section shall not obscure any sign required to be posted pursuant to Section 3301.9.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.5 Materials.

Notwithstanding any other provision of the building code, approved artwork or alternative artwork may be affixed to a sidewalk shed or construction fence or painted directly on a sidewalk shed or construction fence. Approved artwork or alternative artwork affixed to or painted directly on a sidewalk shed or construction fence pursuant to this section shall not include any illumination, electronic signage, protrusions, or projections. Approved artwork or alternative artwork affixed to a sidewalk shed or construction fence shall be printed on completely flat surfaces on materials that are durable, flame retardant, able to withstand all weather conditions, and designed to meet loads on temporary installations, including but not limited to wind, as prescribed in Chapter 16. All hardware and connection materials used to affix approved or alternative artwork shall also be durable, flame retardant, able to withstand all weather conditions, and designed to meet loads on temporary installations, including but not limited to wind, as prescribed in Chapter 16. The department may promulgate rules concerning materials used for the installation of approved artwork or alternative artwork.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.5.1 Sidewalk sheds.

Approved artwork or alternative artwork may be affixed to or painted directly on a sidewalk shed. Approved artwork or alternative artwork affixed to a sidewalk shed shall be printed on lightweight, solid material that can be installed on the outer sides and ends of sheds either by stretching such material over the shed and fastening to the back or by affixing such material to self-adhesive panels that adhere directly to the shed. Approved artwork or alternative artwork shall not extend above or below the shed parapet.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.5.2 Construction fences.

Approved artwork or alternative artwork may be affixed to or painted directly on a construction fence. Approved artwork or alternative artwork affixed to construction fences shall be printed on lightweight, solid material that can be installed on the outside of the construction fence either by stretching such material over the fence and fastening to the back or by affixing such material to self-adhesive panels that adhere directly to the fence. Approved artwork or alternative artwork shall not extend beyond the top of the fence.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.5.3. Supported scaffolds.

Approved artwork or alternative artwork displayed on supportive scaffolds shall be printed directly onto debris netting meeting the requirements of Section 3314.8.2.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.6 Artist credit and sponsorship message.

A temporary protective structure displaying approved artwork or alternative artwork pursuant to this section may display a barcode that can be read by a smartphone, or successor technology, and directs the user to the website of the department of cultural affairs containing information posted on such website pursuant to subdivision c of Section 2508 of the New York City Charter.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.7 Opt out.

The department shall include in its process for an initial application for a permit for a new sidewalk shed, construction fence or supported scaffold or for an amendment to an existing sidewalk shed, construction fence or supported scaffold permit an option for the owner of the property for which such permit is filed to opt out of participation in the program established by this section and Section 2508 of the New York City Charter. If a property owner fails to affirmatively opt out, the requirements of this section and Section 2508 of the New York City Charter shall apply. Opting out pursuant to this section shall not be grounds for denial or delay of issuance of a permit for a sidewalk shed, construction fence or supported scaffold or for any other permit issued by the department. The department shall by rule allow the owner of such property to opt out of such program at a later time.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.7.1 Exception.

An owner of a property for which a sidewalk shed, construction fence or supported scaffold permit has been filed may not opt out if the project site is owned by the city of New York or receives capital funding from the city of New York or an agency, provided that this exception shall not apply if (i) approved artwork has been approved for display at 100 or more such sites within a two-year period, or (ii) no appropriation has been made for participation in the program established by this section and Section 2508 of the New York City Charter. For the purposes of this section, the term "agency" has the same meaning as such term is defined in Section 1-112 of the Administrative Code.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)

3307.11.8 Display of artwork.

Approved artwork or alternative artwork displayed on a temporary protective structure pursuant to this section shall be affixed to or painted directly on the temporary protective structure in conformity with rules promulgated by the department in consultation with the department of cultural affairs, and may remain on display for as long as the temporary protective structure remains in place pursuant to a valid permit. An owner who has participated in this program shall be deemed to have satisfied the requirements of Section 3307.11.

(L.L. 2021/163, 12/24/2021, eff. 9/1/2023; Am. L.L. 2024/111, 11/9/2024, eff. 11/9/2024)