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What is NYC BC § 3309.8?

Quick Answer

This section outlines the responsibilities of individuals conducting construction or demolition operations that affect adjoining walls. It mandates the maintenance of structural integrity, fire exits, and proper handling of beams and debris. The statute is enforced by the Department of Buildings. Applies to those involved in construction or demolition activities near adjoining structures.

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

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3309.8 Adjoining walls.

BC § 3309.8

When any construction or demolition operation exposes or breaches an adjoining wall, including load bearing and nonload-bearing walls as well as party walls and non party walls, the person causing the construction or demolition operation shall, at his or her own expense, perform the following: 1. Maintain the structural integrity of such walls and adjoining structure, and have a registered design professional investigate the stability and condition of the wall and adjoining structure, and take all necessary steps to protect such wall and structure.

2.Maintain all required fire exits and passageways or provide substitutions meeting the requirements of this code.

3.Cut off close to the walls all beams in party walls, remove stub ends without weakening existing masonry, clean beam pockets of loose mortar, bend over all wall anchors at the beam ends in the standing wall, and brick-up all open beam holes with sound brick and compatible mortar.

4.During demolition operations, where the floor beams of the adjacent building bear on the party wall, the person causing the demolition shall ascertain that such beams are anchored into the wall and, where such anchorage is lacking, shall provide anchorage or otherwise brace the standing wall.

5.During demolition operations, all nonload-bearing chimney breasts, projections and any other debris exposed on party walls shall be examined and monitored by the person causing the demolition. Removal of such items shall be made under the supervision of a registered design professional only if the stability of the adjacent building or structure will not be affected. All openings shall be bricked up flush on the exposed side of the party wall. All masonry that is in poor condition shall be pointed and patched.

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