Rule Reforms for NYC Construction Sheds and Scaffolding Passed by City Council
The New York City Council recently passed several rule reforms regulating the miles of construction sheds and scaffolding that are installed along sidewalks citywide. The new legislation aims to “strengthen the safety and efficiency of sidewalk shed management, including bills to shorten the duration of sidewalk shed permits and improve designs. According to the city’s Department of Buildings (DOB) there are a total of 8,525 active sheds throughout the city spanning 2,011,683 linear feet with an average age of 511 days; and of the total, 338 sheds have been active for five years. Manhattan accounts for the majority of currently active sheds; and of the 3,800 total sheds in Manhattan, 174 have been active for five years. Of the five bills within the new legislation, three touch upon installation duration and penalties related to sidewalk sheds occupying the public right-of-way, while a new provision requires proof of work when renewing a shed permit intended to reduce the volume of sheds unnecessarily remaining installed. The DOB will also review the frequency of Façade Inspection and Safety Program (FISP) under Local Law 11, the bill recommending that the inspection cycle be changed from every 5 years to a longer interval of 6 to 12 years and delay the current 5-year requirement of a first inspection of a new building to 9 years, while also introducing penalties to strengthen enforcement of failure to complete façade repairs — the first major changes since Local Law 11’s passage in 1998. The remaining two bills focus on the look and safety of sidewalk sheds, calling upon the DOB to complete a study and recommend new sidewalk shed designs to the city council by September 30, 2025; and in addition, shed color options have been expanded from the previously required single color of hunter green. Other reforms focus on safety with updated guidelines on lighting and minimum height, as well as rules on the use of “containment netting as a sidewalk shed alternative.” News of the legislation comes about 2 years following the July 2023 “Get Sheds Down” initiative by Mayor Adams and the “Shed the Shed” recommendations proposed by Manhattan Borough Mark Levine designed to expedite the dismantling of sidewalk sheds.