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What is NYC BC § 3309.10?

Quick Answer

This section mandates the protection of roofs on adjoining buildings during construction or demolition activities. It outlines the responsibilities of the person conducting the work to safeguard the roof and associated equipment, as well as the specifications for protective measures. Applies to building owners involved in adjacent construction projects.

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

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3309.10 Protection of roofs.

BC § 3309.10

Whenever any building is to be constructed or demolished above the roof of an adjoining building, it shall be the duty of the person causing such work to protect from damage at all times during the course of such work and at his or her own expense the roof, skylights, other roof outlets, and equipment located on the roof of the adjoining building, and to use every reasonable means to avoid interference with the use of the adjoining building during the course of such work, provided such person causing such work is afforded a license in accordance with the requirements of Section 3309.2 to enter and inspect the adjoining building and perform such work thereon as may be necessary for such purpose; otherwise, the duty of protecting the roof, skylights, other roof outlets, and equipment on the roof of the adjoining building shall devolve upon the owner of such adjoining building. Adjoining roof protection shall be secured to prevent dislodgement by wind. Where construction or demolition work occurs at a height of at least 48 inches (1219 mm) above the level of the adjoining roof, adjoining roof protection shall consist of 2 inches (51 mm) of flame-retardant foam under 2 inches (51 mm) of flame-retardant wood plank laid tight and covered by flame-retardant plywood, or shall consist of equivalent protection acceptable to the commissioner, and shall cover all areas of the adjoining roof that are within a horizontal distance from the building being constructed or demolished equal to the height above the adjoining roof of the highest working level of the building being constructed or demolished, to a maximum of 20 feet (6096 mm), or to a greater maximum when ordered by the commissioner due to a unique hazard at the site. Exceptions: 1. Adjoining roof protection is not required along an exposure where a site specific engineered enclosure system that is acceptable to the commissioner and meets the requirements of Section 3309.17 has been installed to cover the entire exposure where work is occurring.

2.Where vents, equipment, or similar obstructions are present on the roof, the roof protection shall be elevated to avoid interference, or an equivalent elevated system, designed by a registered design professional, shall be installed.

3.Occupiable spaces on an adjoining roof, such as a roof terrace, observation deck, rooftop bar, or residential balcony, that will not be closed during the work, shall instead be protected in accordance with Section 3309.13. (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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