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What is NYC FC § 3304.1.1?

Quick Answer

This section prohibits smoking at construction sites that are enclosed by a fence as mandated by the Building Code, as well as in areas of existing buildings undergoing interior alterations where work is being conducted under a permit from the Department of Buildings. Applies to building owners and operators managing construction activities.

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

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3304.1.1 Areas affected.

FC § 3304.1.1

At construction sites required by the Building Code to be enclosed with a fence, including buildings under construction or demolition, smoking shall be prohibited within the area enclosed by such fence, including in construction trailers and other indoor or outdoor areas. At construction sites not required by the Building Code to be enclosed with a fence, including existing buildings undergoing interior alterations, smoking shall be prohibited in those areas of the building in which work is to be conducted under the work permit issued by the Department of Buildings.

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