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What is NYC BC § 3307.7?

Quick Answer

This section mandates that all construction or demolition sites be enclosed with a fence at least 8 feet high to protect the public from hazards. The statute allows for exceptions, such as the use of chain link fences under specific conditions. Applies to building owners involved in construction or demolition activities.

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

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3307.7 Fences.

BC § 3307.7

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 enclose 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: 1. The commissioner may approve the use of a chain link fence to: 1.1. 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 or 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. 1.2 Secure portions of a site where a one- two- or three-family building that is 40 feet (12 192 mm) or less in height, 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.

2.Chain link fence shall be installed and maintained to secure a site where work has been discontinued for not less than two continuous years after a registered design professional has certified that all construction or demolition equipment and material that pose a hazard to the safety of the public or 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. (Am. L.L. 2021/074, 6/27/2021, eff. 12/24/2021; 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. 2021/074 and L.L. 2023/077.

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