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Registrant Project Requirements:
Loft Law IMD Work & Site Requirements

Work Site Safety Requirements for Construction Activity

The Administrative Code of the City of New York §28-301.1 requires owners to maintain their properties in a safe condition. All parties engaged in a construction or demolition operation, including but not limited to the owner, construction manager, general contractor, sub-contractors, material men, Registered Design Professionals, or other party to engage in sound design and engineering, safe construction or demolition practices, shall act in a reasonable and responsible manner to maintain a safe construction or demolition site per NYC Building Code 3301.1.1. Per BC 3301.8, any party engaged in construction or demolition work that results in damage to an adjacent property or if an accident occurs, the Department shall be notified.

Site Safety Regulations

For regulations related to the safety of persons employed on a construction site or during demolition operations, OSHA Standards shall apply per BC 3301.1.

Where required by the Commissioner, a Site Safety Plan shall be approved by the Building Enforcement Safety Team (BEST) prior to approval to the New Building application per BC 3310.3.

For regulations related to party wall protection, see BC 3309.8.

For regulations related to waterproof integrity, see BC 3309.9.

For regulations related to monitoring, see BC 1704.20.7.1, BC 1814.3, BC 3301.7, BC 3309.4.4, BC 3309.6, BC 3309.16, and TPPN 10 of 1988.

For regulations related to preconstruction reports and surveys, see BC 1814.1 and BC 3309.4.3.

The permit holder is required to notify DOB prior to excavation per BC 3304.3.1.

Notification to adjoining property owners per BC 3304.3.2 and BC 3309.1.1.

Construction or demolition operations shall also be conducted in conformance with the New York City Fire Code (FC) per BC 3301.1.2.

All equipment shall be used in accordance with the specifications of the manufacturer, where such specifications exist, in addition to the requirements of the NYC Building Code. Where there is a discrepancy, the stricter requirement shall apply per BC 3301.1.3.

Smoking on construction sites is illegal. BC 3303.7.3 and FC 1404.1.

Open fires are illegal on construction sites. FC 1404.3.

Approved portable fire extinguishers must be available on floors where combustible materials or liquids are stored, combustible waste is being generated and at the entrance of each storage and construction shed. FC 1415.1.

Temporary heating equipment used at construction sites must comply with FC 1403.

If you have a Fire Department variance to use a coal-fired heater, you must minimize the fire load on concrete construction projects. BC 3303.6 and FC 307.2.2. To apply for a variance, contact FDNY’s Bureau of Fire Prevention at (718) 999 – 2377.

Store materials away from flames per FC 308.2.

When work involves relocation or modification of Sprinkler, Standpipes, Fire Protection Systems, etc., contractor must notify FDNY and obtain approval as required by BC 3303.7 and BC 3303.8.

Where a means of ingress/egress to the property remains open to the public during the course of construction or demolition, walkways, pathways, and similar areas within the property line that provide a path of travel between the required means of ingress/egress and the public sidewalk or temporary walkway shall remain open per BC 3307.2.4.

Operations in Occupied Buildings (Building Code §3303.10)

When construction or demolition activity occurs in an occupied building, barricades, signs, drop cloths, and other protective means shall be installed and maintained as necessary to provide reasonable protection for the occupants against hazards and nuisances. Such protective means shall be indicated on an occupant protection plan, or where a tenant protection plan is required by Section 3303.10.1, on a Tenant Protection Plan.

Additional Tenant Protection for IMD Required by MDL 286

In addition to Tenant Protection Plan required by Administrative Code, IMDs shall also comply with additional tenant protection requirements set forth in MDL 286. These additional tenant protection requirements are under the jurisdiction of the Loft Board.

Temporary Protection Plan (NYC Administrative Code §28-104.8.4)

Construction documents for renovation in an occupied building during construction shall include a tenant protection plan. Such plan shall contain a statement that the building contains dwelling units, offices, or similar, that will be occupied during construction. It shall also include the specific units that are occupied during construction and the means and methods employed to safeguard the safety and health of the occupants with details such as temporary fire-rated assemblies, opening protectives, or dust containment procedures. The elements of the tenant protection plan shall have detailed and specific provisions for egress, fire safety, structural safety, health requirements, and demonstrate compliance with housing standards and noise restrictions.

Temporary Construction Equipment

Renovation projects such as excavation, demolition and façade repair can require the installation of temporary construction equipment such as sidewalk sheds, fences, scaffolds, material chutes, hoist, etc. This equipment is required to safely move materials associated with the project, and protect workers and the public, per BC 105.8 and BC Chapter 33. Also refer to Construction Project Guidelines for Temporary Construction Equipment. Special attention should go to restrictions on signage attached to temporary construction equipment. Typically, advertising signage may not be placed upon temporary construction equipment, while the placement of lawful accessory signage is limited per BC 3301.10.

*Note: For the balance of site safety requirements, see NYC Building Code Chapter 33.*

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