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What is NYC BC § 3309.13?

Quick Answer

This section outlines the responsibilities of individuals causing construction or demolition work to protect adjoining equipment and publicly accessible spaces from damage. It mandates the use of reasonable means to avoid interference during such activities and specifies conditions under which protection measures must be implemented. Applies to building owners and contractors involved in construction or demolition projects.

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

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3309.13 Protection of adjoining equipment and spaces.

BC § 3309.13

Whenever a building is constructed or demolished, 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, all mechanical, electrical, and similar equipment on the adjoining property, and to protect all publicly accessible spaces on the adjoining property, and also to use every reasonable means to avoid interference with the use of such equipment and spaces during the course of such construction or demolition 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 property and perform such work thereon as may be necessary for such purpose; otherwise, the duty of protecting such adjoining equipment and spaces shall devolve upon the owner of such adjoining property. Adjoining equipment and space protection shall be secured to prevent dislodgement by wind. Where the construction or demolition work requires a site safety plan in accordance with Section 3301.13 or 3310 and access to the equipment or space is not precluded, adjoining equipment and space protection shall be designed to provide a level of overhead protection equivalent to that provided by a sidewalk shed in accordance with Section 3307, and shall cover all adjoining equipment or spaces that are within a horizontal distance from the building being constructed or demolished equal to the height 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. Equipment on an adjoining roof shall be protected in accordance with Section 3309.10.

2.Adjoining equipment and space protection is not required along an exposure where a site specific engineered enclosure system, acceptable to the commissioner, and meeting the requirements of Section 3309.17, has been installed to cover the entire exposure where work is occurring.

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