Section 3307 Protection of Pedestrians

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

Streets, including 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.

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

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.

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 the height of the fence, the gap shall be enclosed with a wire screen comprised of not less than number 18 gage wire mesh, or equivalent synthetic netting, with openings in the wire or synthetic mesh no larger than ¹/₂ inch (13 mm); and

3. Enclosed along the side facing the street with a wire screen comprised of not less than number 18 gage wire mesh, or equivalent synthetic netting, with openings in the wire or synthetic mesh no larger than ¹/₂ inch (13 mm), or where a special hazard exists, protected in accordance with Section 3307.4.7.

Where a means of ingress/egress to the property remains open to the public during the course of construction or demolition, walkways, pathways, and similar areas within the property line that provide a path of travel between the required means of ingress/egress and the public sidewalk or temporary walkway shall remain open.

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 of ramps shall be provided with beveled fillers to eliminate tripping hazards.

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

1. A 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 loads be less than 150 pounds per square foot (732.3 kg/m²);

3. Mirrors at all blind corners;

4. For a temporary walkway or foot bridge where there is a change in elevation along the walkway or footbridge, 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

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 clear path to the extent required by item number 1 above, the sidewalk, or pathway shall be kept open to the extent required by the Department of Transportation as well as comply with applicable provisions of 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.

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

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.

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.

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.

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, flagperson, or other devices, equipment, and personnel in accordance with the requirements of the Department of Transportation.

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.

In addition to the requirements of this section, information panels and signs shall also be provided as required by Sections 3301.9 and 3301.10.

No illuminated business or advertising sign shall be permitted on any protective structure required by this section. Other than as specified in Sections 3301.9 or 3301.10 there shall be no sign, information, pictorial representation, or any business or advertising messages posted on a sidewalk shed, bridge, fence, or other protective structure listed in this section that is erected at the construction or demolition site.

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 area is not closed with a fence in accordance with Section 3307.7 or a permanent façade, a solid barrier extending at least 4 feet (1219 mm) in height from the level of the ground shall be provided. The space between the top of the barrier and the deck of the overhead protection shall be enclosed with a wire screen comprised of not less than number 18 gage wire mesh, or equivalent synthetic netting, with openings in the wire or synthetic mesh no larger than ¹/₂ inch (13 mm).

Exception: In the area where a material hoist, personnel hoist, hoistway, or chute is located, the solid barrier shall extend from level of the ground to the deck of the overhead protection.

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

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

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

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 façade 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 façade 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 façade 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 façade 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 façade, is to occur at a height greater than 25 feet (7620 mm) above curb level. 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 that are closed, for their full width, 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 façade 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 the edge of the roof is enclosed to a height of 42 inches (1067 mm) with a solid parapet or vertical safety netting meeting the requirements of Section 3308.5; or

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 façade of the building is left in a safe condition and fully enclosed; and

7.3. There is compliance with Section 3307.2.1.

The decking of the sidewalk shed shall extend 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 curb line, whichever is less. The decking of the sidewalk shed shall also extend the full width of the sidewalk, walkway, or pathway that remains open to the public, except for a clearance to avoid existing obstructions, not to exceed 18 inches (457 mm) along the curb and not to exceed 1 inch (25 mm) along the face of the building or structure.

Exceptions:

1. Where the sidewalk shed is installed to protect against an unenclosed façade, work, or equipment that is greater than 100 feet (30 480 mm) above the ground, the shed shall protect the full length of the area specified in Section 3307.6.2 plus an additional 20 feet (6096 mm) on both sides beyond such length, or to the curb line, whichever is less.

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.

Sidewalk sheds shall be designed and constructed in accordance with the requirements of Section 3307.6.4.1 through Section 3307.6.4.11.

All sidewalk sheds shall be designed by a registered design professional.

Exception: Sidewalk sheds that conform to a design approved by the commissioner or the Board of Standards and Appeals, provided the shed is installed at the site in accordance with the standard design.

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 (1464.6 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 (732.3 kg/m²), provided that no item is stored or placed upon the shed.

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.

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. No material shall be stored or placed upon a sidewalk shed designed as a heavy duty sidewalk shed under Section 3307.6.4.2 unless the shed is designed for such storage, with such areas of storage or placement clearly designated on the drawings. 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 (732.3 kg/m²) on any square foot area of the sidewalk shed, the design live load of 300 pounds per square foot (1464.6 kg/m) need not be increased. 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 (732.3 kg/m²) on any square foot area of the sidewalk shed, such shed shall be designed to carry:

2.1. The live load of 300 pounds per square foot (1464.6 kg/m) required of a heavy duty sidewalk shed; and

2.2. The load of the item to be placed or stored upon the shed, minus 150 pounds per square foot (732.3 kg/m²).

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

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 X-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 (455 mm) from the face of the curbline.

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.

The deck of the sidewalk shed shall consist of 2-inch (51 mm) thick wood plank or equivalent material and shall be capable of sustaining the loads required by Section 3307.6.4.2. The deck shall be solid, or shall consist of planking laid close and made tight. Where the edge of the sidewalk shed abuts a building or structure, the decking shall be brought tight to the face of the building or structure.

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

A vertical parapet at least 3 feet 6 inches (1067 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 solid plywood, corrugated metal, a galvanized wire screen consisting of not less than No. 16 steel wire gage with a ¹/₂ inch (13 mm) debris mesh, or other equivalent material, and shall be securely attached to the shed with braced uprights. 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. In lieu of a vertical parapet, angled protection of identical construction to a parapet that inclines outward at an angle of 45 degrees (0.79 rad) may be utilized provided such protection is securely attached to the deck, and provided the angled protection extends to a point that intersects a line drawn 3 feet 6 inches (1067 mm) above the level of the deck.

The passageway under the shed shall have a minimum clear ceiling height of 8 feet (2438 mm).

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.

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 foot-candle (11 lux) measured at the level of the walking surface with a minimum luminous efficacy of 45 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.

Sidewalk sheds shall be installed and located so to not unreasonably obstruct, either visually or physically, traffic, curb cuts, 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, or means of ingress/egress.

The surface upon which the shed rests shall be capable of supporting the design loads of the sidewalk shed, including any item placed or stored upon the shed.

Sidewalk sheds erected on or after July 1, 2013, shall be painted the color of hunter green.

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

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.

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.

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.

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.

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

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.

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. Following the inspection, the qualified person who inspected the sidewalk shed shall prepare, sign, and date an installation inspection report. A new installation inspection report shall be prepared each time the sidewalk shed is reinstalled at the site.

Six months following the initial installation inspection, and every six months thereafter, 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 that the sidewalk shed is in a safe condition and is in compliance with drawings and the requirements of this chapter. Following the inspection, the qualified person who inspected the sidewalk shed shall prepare, sign, and date an inspection report.

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. The results of the inspection shall be recorded, signed, and dated by the person who performed the 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:

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.

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

A written record of such inspections shall be maintained by the contractor or owner, with such record signed and dated by the person who performed the inspection. Defects discovered as a result of the inspection shall immediately be brought to the attention of the permit holder for the shed.

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

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

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 and 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.

2. Secure portions of a site where a one-, two-, or three-family building, 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.

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, 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, or means of ingress/egress.

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.

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.

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 inches by 12 inches (305 by 305 mm) in size and shall be blocked with plexiglass or an equivalent nonfrangible 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.

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 at all locations. Fabric shall be securely attached to the fence or gate in accordance with manufacturer specifications. The fabric and fence shall be maintained in a neat, rigid and taut appearance.

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.

Exceptions:

1. Fences installed in connection with the construction or demolition of a one-, two-, or three-family building.

2. Fences that conform to a standard design approved by the commissioner provided the fence is installed at the site in accordance with the standard design.

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 façade 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.

All fences 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.

Fences erected on or after July 1, 2013, shall be painted hunter green.

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

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.

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, 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.