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What is NYC BC § 3307.4.7?

Quick Answer

This section outlines the requirements for fencing, barriers, or netting to separate work or storage zones from pedestrian pathways when construction or demolition occurs adjacent to sidewalk sheds. The statute specifies different types of barriers based on the nature of the work and hazards present. Applies to building owners engaged in construction activities near public walkways.

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

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3307.4.7 Work or storage zones.

BC § 3307.4.7

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 work or storage area is not contained within the enclosed and fenced area of the site as specified in Section 3307.7, fencing, barriers, or netting complying with Items 1, 2, or 3 of this section shall be provided to separate the sidewalk, walkway, foot bridge, or pathway from the work or storage area.

1.In an area where a material hoist, personnel hoist, hoistway, chute, or hoisting zone is located, a solid opaque fence or barrier shall be provided. Such fence or barrier shall be securely attached to the sidewalk shed or equivalent overhead structure, and shall extend from the level of the ground to the deck of the sidewalk shed or equivalent overhead protection.

2.In an area where a special hazard exists, including but not limited to areas of high pile storage or areas where operations that produce sparks or debris are occurring, such as cutting or grinding, a fence or barrier shall be provided. Such fence or barrier shall be securely attached to the sidewalk shed or equivalent overhead structure, and shall extend from the level of the ground to the deck of the sidewalk shed or equivalent overhead protection. Portions of the fence or barrier at a height of 4 feet (1219 mm) or less shall be comprised of solid opaque material. Portions of the fence or barrier above a height of 4 feet (1219 mm) shall be comprised of material sufficient to protect the public from the special hazard and shall be transparent so as to allow a clear view into and from the area protected by the sidewalk shed or equivalent overhead protection, for example, chain link fencing, neatly framed panels consisting of nonfrangible acrylic paneling, or wire screen comprised of not less than number 18 gauge wire mesh, or equivalent synthetic netting that is flame retardant in accordance with NFPA 701, with openings in the wire or synthetic mesh no larger than 1/2 inch (13 mm) in the vertical or horizontal dimensions and 3/4 inch (19 mm) in any other dimension.

3.In all other instances, one of the following shall be provided: 3.1. A chain link fence that is at least 8 feet (2438 mm) high; 3.2. A solid barrier that is at least 32 inches (813 mm) high, topped by a chain link fence extending to a height of at least 8 feet (2438 mm) above the level of the ground; or 3.3. A wire screen comprised of not less than number 18 gauge wire mesh, or equivalent synthetic netting that is flame retardant in accordance with NFPA 701, with openings in the wire or synthetic mesh no larger than 1/2 inch (13 mm) in the vertical or horizontal dimensions and 3/4 inch (19 mm) in any other dimension. Such wire screen or synthetic netting shall extend from the ground to a height of at least 8 feet (2438 mm) above the level of the ground and shall be securely attached to the sidewalk shed or equivalent overhead protection. A solid barrier that is at least 32 inches (813 mm) high may be installed in lieu of bringing the netting fully to the ground, provided the bottom of the netting is also securely attached to the solid barrier. (Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

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