N.Y.C. Admin. Code § EBC 1503: Section EBC 1503: Tenant Protection Plan

1503.1 Where required.

Alteration, construction, or partial demolition work performed in a building in which any dwelling unit will be occupied during the work, including newly constructed buildings with 1 or more occupied dwelling units, shall be conducted in accordance with a tenant protection plan.

Exceptions: A tenant protection plan is not required for the following types of work. This exception shall not alleviate the owner, contractor, or any other entity engaged in the work from their obligation to comply with applicable tenant protection laws and regulations.

1. Work that does not require a permit.

2. Work whose scope is limited to that authorized by a Limited Alteration Application.

3. Work limited to the alteration of an existing elevator.

4. Electrical work that does not require the submittal of plans to the department.

1503.2 Applicant.

The tenant protection plan shall be prepared by a registered design professional and filed with the department. Such registered design professional shall be retained by the general contractor performing the alteration, construction, or partial demolition work.

Exceptions: In the following instances, the tenant protection plan may be prepared and filed by the registered design professional of record retained by the owner as part of the underlying application for alteration, construction, or partial demolition work:

1. Work in occupied one- and two-family homes.

2. Work limited to the interior of a single, owner-occupied dwelling unit of an occupied multiple dwelling with no disruption to the essential services of other units. For a dwelling unit within a property that is owned by a condominium or held by a shareholder of a cooperative corporation under a proprietary lease, the unit must be occupied by the owners of record for such unit.

1503.3 Permit issuance.

No permit shall be issued for work that requires a tenant protection plan unless such plan is approved by the department.

1503.4 The plan.

Tenant protection plans shall, at a minimum, contain the items required by Sections 1503.4.1 and 1503.4.2.

1503.4.1 Plan statement.

The tenant protection plan shall contain a statement

signed by the owner and signed by the applicant affirming that the building contains dwelling units that will be occupied during construction. In addition, such statement shall indicate, in sufficient detail, the specific units that are or may be occupied during construction, and the means and methods to be employed to safeguard the safety and health of the occupants throughout the construction, including, where applicable, details such as temporary fire-rated assemblies, opening protectives, or dust containment procedures. Such means and methods shall be described with particularity and in no case shall terms such as "code compliant," "approved," "legal," "protected in accordance with law," or similar terms be used as a substitute for such description.

1503.4.2 Plan content.

The tenant protection plan must be site specific. The elements of the tenant protection plan may vary depending on the nature and scope of the work but, at a minimum, must comply with all applicable laws and regulations, including the

New York

City

Construction Codes

, the

New York City Fire Code

, the

New York

City Housing Maintenance Code

, the

New York

City Noise Control Code

and the

New York

City Health Code

, and shall make detailed and specific provisions for:

1.

Egress. The tenant protection plan shall identify the egress that will be provided. At all times in the course of construction, provision shall be made for code compliant means of egress, as required by the New York City Construction Codes. Required egress shall not be obstructed at any time except where approved by the commissioner.

2.

Fire safety. All necessary laws and controls, including those with respect to occupied dwellings, as well as additional safety measures necessitated by the construction, shall be strictly observed.

3.

Health requirements. Specification of means and methods to be used for control of dust, disposal of construction debris, pest control, and maintenance of sanitary facilities shall be included.

3.1.

Lead and asbestos. There shall be included a statement of compliance with applicable provisions of law relating to lead and asbestos, and such statement shall describe with particularity what means and methods are being undertaken to meet such compliance.

4.

Compliance with housing standards. The requirements of the New York City Housing Maintenance Code and the New York State Multiple Dwelling Law, where applicable, shall be strictly observed.

5.

Structural safety. No structural work shall be done that may endanger the tenants.

6.

Noise restrictions. Specification of means and methods to be used for the limitation of noise to acceptable levels in accordance with the New York City Noise Control Code shall be included. Where hours of the day or the days of the week in which construction work may be undertaken are limited pursuant to the New York City Noise Control Code, such limitations shall be stated.

7.

Maintaining essential services. Where heat, hot water, cold water, gas, electricity, or other utility services are provided in such building or in any dwelling unit located therein, the tenant protection plan shall specify the means and methods to be used for maintaining such services during such work in accordance with the requirements of the New York City Housing Maintenance Code.

7.1.

Disruptions. If a disruption of any such service is anticipated during the work, the plan shall specify the anticipated duration of such disruption and the means and methods to be employed to minimize such disruption, including the provision of sufficient alternatives for such service during such disruption.

7.2.

Coordinating work to minimize disruptions. Where disruptions are anticipated, the plan shall specify coordination efforts to be employed to minimize disruption to tenants, including but not limited to staging or phasing of work.

8.

Maintaining accessibility. The tenant protection plan shall specify the means and methods to be used to maintain existing levels of accessibility for building tenants.

8.1.

Disruptions. If accessibility is anticipated to be disrupted by the work, then the plan shall specify the anticipated duration of such disruption and the means and methods to be employed to minimize disruption to tenants, including the provision of sufficient alternatives.

9.

Notifications. The tenant protection plan shall indicate the means and methods to provide required notifications to the tenants, including but not limited to notifications required by Sections 1502.3 and 1502.4.

1503.5 Public availability of tenant protection plan.

Upon issuance of a permit for work containing a tenant protection plan, the department shall make the tenant protection plan publicly available on its website.

1503.6 Provision of copy of tenant protection plan to tenants upon request.

The owner of a building undergoing work for which a tenant protection plan is required by Section 1503.1 shall, upon request from a tenant of a dwelling unit within such building, provide such tenant with a paper copy of the tenant protection plan approved by the department.

1503.7 Notice to tenants.

Upon issuance of a permit for work containing a tenant protection plan, the owner shall (i) distribute a notice regarding such plan to each occupied dwelling unit and (ii) post a notice regarding such plan in a conspicuous manner in the building lobby, as well as on each floor within 10 feet of the elevator, or in a building where there is no elevator, within 10 feet of or in the main stairwell on such floor. The notice shall be in a form created or approved by the department and shall include:

1. A statement that tenants of the building may obtain a paper copy of such plan from the owner and may access such plan on the department website;

2. The name and contact information of the site safety manager, site safety coordinator, or superintendent of construction required by Section 3301.3 of the New York City Building Code, as applicable, or, if there is no site safety manager, site safety coordinator, or superintendent of construction, the name and contact information of the owner of the building or such owner’s designee; and

3. A statement that tenants of the building may call 311 to make complaints about the work.

4. Where the work involves the disturbance of lead-based paint, as defined in Section 27-2056.2, or paint of unknown lead content, occupants of the building shall be directed to information regarding the hazards associated with lead-contaminated dust in a form established by the department in collaboration with the Department of Health and Mental Hygiene.

1503.8 Phased tenant protection plans.

Multiple layouts of the tenant protection features enumerated in Section 1503.4 may be submitted at any time during construction operations to show phased tenant protection plan designs consistent with the phase of anticipated work. Layouts submitted subsequent to a previously approved tenant protection plan shall constitute an amendment to such plan. Such amended plan shall be approved by the department prior to the commencement of the work requiring such amended plan.

1503.9 Contractor statement.

The permit holder for the underlying alteration, construction, or partial demolition shall sign a statement certifying that the tenant protection plan submitted by the registered design professional aligns with the scope of work intended.

Exception:

This statement shall not be required where a tenant protection plan is filed as part of the underlying application, as permitted under the exception to Section 1503.2.

1503.10 Special inspection.

Tenant protection plans shall be subject to special inspection in accordance with Section 1705.26 of the New York City Building Code. The special inspector shall be employed by a special inspection agency and shall possess the qualifications set forth in rules promulgated by the commissioner.

1503.11 Department inspection of tenant protection plan.

The owner shall notify the department in writing at least 72 hours prior to the commencement of any work requiring a tenant protection plan. The department shall conduct an inspection of at least 10 percent of such sites within 7 days after the commencement of such work to verify compliance with the tenant protection plan. The department shall conduct follow-up inspections of such sites every 180 days until the work is completed to verify compliance with the New York City Construction Codes and tenant protection plan. Additionally, the department shall conduct an inspection within 10 days of receipt of a complaint concerning such work. Where the department receives a complaint alleging that dust is not being contained or controlled in accordance with a tenant protection plan, it shall conduct an inspection within 24 hours. The department shall, in collaboration with the department of health and mental hygiene, develop a procedure to complete a lead-contaminated dust test upon a determination that dust is not being contained or controlled during such tenant protection plan inspections or an inspection conducted in response to a complaint, and take any appropriate enforcement action, including the issuance of an order pursuant to section 28-207.2 of the Administrative Code. The department of health and mental hygiene shall assist the department to implement such procedure, including submitting dust samples collected by the department to a laboratory for analysis. The department shall refer the result of any such inspection to the department of health and mental hygiene for review and further inspection in accordance with the New York City Health Code.

1503.12 Enforcement of tenant protection plan.

If work is not being performed in accordance with the tenant protection plan, the commissioner may issue a stop work order pursuant to Section 28-207.2 of the Administrative Code.