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What is NYC RCNY § 3307-01?

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(a) Required installation of artwork approved by the Department of Cultural Affairs (“DCLA”). Temporary protective structures installed on and after September 1, 2023 must include DCLA-approved artwork as defined in Section 3307.11.2 of the Building Code unless the owner of the property at which such temporary structur

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Effective: 10/12/2023Last amended: 6/11/2025

§ 3307-01 Artwork on Temporary Protective Structures.

RCNY § 3307-01

(a)Required installation of artwork approved by the Department of Cultural Affairs (“DCLA”). Temporary protective structures installed on and after September 1, 2023 must include DCLA-approved artwork as defined in Section 3307.11.2 of the Building Code unless the owner of the property at which such temporary structure is installed opts out in accordance with the provisions of this section. For the purposes of this section, the term “temporary protective structures” refers to sidewalk sheds, construction fences, and supported scaffolds that are or will be installed for at least 90 days. For the purposes of this section, the term “install” with respect to artwork means affixed to or painted on a temporary protective structure.

(b)Notification of solicitation of alternative artwork.

(1)A property owner may install artwork approved by DCLA in accordance with Section 2508 of the New York City Charter or alternative artwork in accordance with Section 3307.11.2.1 of the Building Code that is also approved by DCLA. If the owner chooses to install alternative artwork, the owner must comply with notification of solicitation of such alternative art in accordance with paragraph (2) below.

(2)Prior to seeking approval from DCLA, the property owner must notify the Council Member and Community Board where such property is located of a request to solicit artwork and proof of such notification must be submitted to DCLA at the time of application for approval of such alternative artwork.

(c)Opting out. A property owner may opt out of the requirement to install artwork on temporary protective structures at the time of filing an application for construction documents approval for such structure, pursuant to Article 104 of Chapter 1 of Title 28 of the Administrative Code of the City of New York, or at any time thereafter. If the property owner is in the process of obtaining alternative artwork as set forth in subdivision (b) above at the time of filing such application, they must opt out of the requirement to install artwork until they file a post approval amendment in accordance with the requirements of paragraph 2 of subdivision (d) below. Exception. Subject to appropriation of funds for city capital projects to install approved or alternative artwork, properties owned by the City of New York or receiving capital funding from the City or a City agency may not opt out, except as otherwise provided in Section 3307.11.7.1 of the Building Code.

(d)Installation of the artwork.

(e)Method of installation.

(3)Artwork installed on supported scaffolds. Artwork must be printed on debris netting meeting the requirements of Section 3314.8.2 of the Building Code.

(f)Inspections.

(ii)Fences – weekly, as set out in Section 3307.7.8 of the Building Code.

(iii)Supported scaffolds – prior to each shift, as set out in Section 3314.4.3.4 of the Building Code.

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