Violation Classifications Relating to Construction Signage
Proposed Rules: Closed to Comments
Statement of Basis and Purpose
This rule amendment is proposed pursuant to the authority of the Commissioner of Buildings under sections 643 and 1043(a) of the New York City Charter and sections 28-201 .2, 28-201.2 .1, and 28-202.1 of the New York City Administrative Code.
On July 1, 2013, the Mayor signed Local Law 47 of 2013. This law requires contractors and building owners to consolidate required construction signage and permits into a single new standard in order to provide information that is more useful to the public and minimize the visual clutter of signage at construction sites.
The law repeals existing Section 3301.9 of the New York City Building Code, pertaining to required signage, and replaces it with a new Section 3301.9, detailing requirements for signs to be posted at construction or demolition sites.
The law also amends Section 3307.6.4 of the Building Code to require sidewalk sheds erected after July 1, 2013 to be painted hunter green and adds that same requirement for fences in Section 3307 .7.2.
In order to enforce the new requirements under Sections 3301.9, 3307.1 and 3307.7, the proposed rule will modify the following existing violations:
- 1 RCNY 27-03/Section 3307.1.1 (Building Code): "Prohibited sign on sidewalk shed or construction fence" will now reference only Section 3307 .1.1 and read "Prohibited Outdoor Advertising Company sign on sidewalk shed or construction fence."
- Section 28-105.11 of the Administrative Code: "Failure to post permit for work at premises" will now read "Failure to post or properly post permit for work at premises."
- Section 3301.9 (Building Code)/Section 27-1009(c) (Admin Code): "Failure to provide/post sign(s) at job site pursuant to subsection" will delete the reference to Section 27-1009(c) and will now read "Project Information Panel/Sidewalk Shed Parapet Panel/Construction Sign not provided or not in compliance with section."
- Section 3307.6 (Building Code)/Section 27-1021 (Admin Code): "Sidewalk shed does not meet code specifications" will delete the references to Section 27-1021 and Building Code Section 3307.6, will now reference Section 3307.1 of the Building Code, and will read "Pedestrian protection does not meet code specifications."
- Section 3307.7 (Building Code)/Section 27-1021 (c) (Admin Code): "Job site fence not constructed pursuant to subsection" will delete the reference to Section 27-1021(c) and will now read "Job site fence not constructed or maintained pursuant to subsection."
In order to enforce the requirement that sidewalk sheds be hunter green in Section 3307.6.4 of the Building Code and to enforce the prohibition on the placement of unlawful signs on protective structures set out in Section 3707.1 .1 of the Building Code, the proposed rule amendment will add the following new violations:
- A class 2 violation of Section 3307 .1.1 of the Building Code: "Posting of unlawful signs, information, pictorial representation, business or advertising messages on protective structures."
- A class 2 violation of Section 3307.6.4 of the Building Code: "Sidewalk shed does not meet color specification."
In order to effectively enforce the requirement under Section 3307 .3 of the Building Code, that construction and demolition sites have pedestrian protection for sidewalks and walkways, the proposed rule will make the following additional changes:
- Section 3307.3.1 (Building Code)/27-1021(a) (Admin Code): This charge is being deleted and will be replaced by the new Section 3307.3 charge listed below.
- A Class 1 violation of Section 3307.3 of the Building Code: "Failure to provide pedestrian protection for sidewalks and walkways." This charge replaces and expands the current charge under Section 3307.3.1/Section 27-1021(a), which is being deleted. While this change is not strictly necessary to implement Local Law 4 7, it is being made because the current charge only addresses the failure to provide sidewalk shed protection. However, there may be instances where there is a failure to provide other types of pedestrian protection (not just sidewalk sheds) and this expanded charge will allow the Department to address that.