Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC BC § 3303.9?

Quick Answer

This section mandates the maintenance of required means of egress, structural elements, fire protection devices, and sanitary safeguards during construction or demolition in existing buildings. It specifies that egress must remain unobstructed unless alternative provisions are approved. Applies to building owners managing construction or demolition operations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

3303.9 Elements to be maintained in existing buildings.

BC § 3303.9

Required means of egress, existing structural elements, fire protection devices, and sanitary safeguards shall be maintained at all times during construction or demolition operations in existing buildings. Required means of egress shall not be obstructed in any manner that would destroy the full effectiveness of such means of egress. Exception: Where adequate alternate provisions are provided in accordance with the requirements of this code, or where the element is temporarily or permanently disconnected, removed, or demolished in accordance with the requirements of this code and of the agency or authority having jurisdiction to temporarily or permanently disconnect, remove, or demolish such element. Such alternative means, disconnection, removal, or demolition shall be shown on the approved plans. Fire protection systems, including but not limited to sprinklers, standpipes, and fire alarms, shall only be taken out of service in accordance with the requirements of the New York City Fire Code.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 3303.9?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters