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What is NYC BC § 3309.14?

Quick Answer

This section mandates the protection of windows on adjoining private properties during exterior construction or demolition work that creates an unenclosed perimeter. The responsibility for protection lies with the person causing the work unless they lack access to the adjoining property, in which case the adjoining building owner is responsible. Applies to building owners and contractors involved in construction activities.

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

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3309.14 Protection of windows.

BC § 3309.14

Whenever exterior construction or demolition work occurs, and such work results in an unenclosed perimeter, 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 windows on adjoining private property that face such work and are 20 feet (508 mm) or less from an unenclosed perimeter, 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 the adjoining windows shall devolve upon the owner of such adjoining building. Where the window provides required means of natural lighting, natural ventilation, or egress, such protection shall not be allowed to interfere with such required means. Exceptions: Window protection is not required for: 1. Minor alterations and ordinary repairs.

2.Work performed on a 1-, 2- or 3-family detached house or accessory use to such.

3.Locations where the unenclosed perimeter of the building under construction or demolition is protected along the entire exposure by vertical netting that meets the requirements of Section 3308.5, supported scaffolding provided with guardrails and netting in accordance with Section 3314.8, or an equivalent alternative system acceptable to the commissioner.

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