Yesterday’s vote by NYC Council was a bipartisan (and unanimous) win for NYC commercial tenants, small business, and pedestrians. And a huge setback for zombie sidewalk sheds. For those unsure whether to toast just yet, here are some of the worst NYC scaffold stats:
- 400 miles of scaffolding throughout NYC. That’s one whole Syracuse of where the sun don’t shine on NYC sidewalks. Aka 25 Hobokens.
- 8,505 sheds in NYC, with an average install of over 505 days. This means: a newborn in New York City might take their first stroll, first steps, AND witness its first pizza rat, all under the same shed.
- 334 sheds are over 5 years old. While the average life of an NYC restaurant = 4.5 years. Coincidence?! Probably, but that’s just grimy.
[above – stats from the NYC’s hard-working Active Sidewalk Shed Permit Map.]
Here’s how the new legislation would fix the problem, taken from the Council’s press release yesterday:
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Introduction 393-A, sponsored by Council Member Keith Powers, would reduce the duration of sidewalk shed permits for façade repairs from 1 year to 3 months, unless connected to demolition, a building alteration, or new building construction. This bill would also create new penalties for property owners who delay necessary repairs for sidewalk sheds occupying the public right-of-way. Penalties would be enforced beginning with the second permit renewal, increasing based on the size and age of the shed. When renewing a shed permit, owners must now provide proof of work done since the last renewal or provide documentation to explain any delays.
Introduction 394-A, sponsored by Council Member Keith Powers, would require DOB to review the frequency of the Façade Inspection and Safety Program (FISP) and recommend changes to the Council by December 31, 2025. This bill would also extend the inspection cycle from every 5 years to a longer interval time between 6 to 12 years and delay the first required inspection for any new building from 5 to 9 years.
“For too long, our city has been covered in over 400 miles of ugly, dingy scaffolding that impacts the experience of everyday New Yorkers, small business owners, and people coming to visit our city,” said Council Member Keith Powers. “It doesn’t have to be this way, and this package of legislation puts forward reforms to fundamentally change our approach to scaffolding while ensuring safety is still the top priority.”
Introduction 660-A, sponsored by Council Member Erik Bottcher, would double the required level of lighting under sidewalk sheds and would require that lighting under sidewalk sheds be LED lights. Additionally, this bill would require lighting fixtures within a 20-foot radius of a window or glass door to be adjustable or shielded to prevent excess brightness in surrounding homes.
Introduction 661-A, sponsored by Council Member Erik Bottcher, would strengthen enforcement of façade repairs by introducing penalties for the following: Failure to submit construction documents to DOB within 5 months of completion, failure to file necessary permit applications within 8 months, and failure to complete repairs within 2 years. Property owners would be able to request extensions by submitting documentation that proves delays are unavoidable, and penalties would be tolled until an extension is granted or denied. DOB would determine the duration of an extension based on factors including size of building, scope of repair work, and necessary materials.
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And ICYMI, here’s a video meditation (almost a love letter) by John Wilson on the “Scaffie” workforce dedicated to this industry. Not to worry, this trade isn’t going anywhere. Not with billions of square feet of aging facades and windows for NYC to keep in order. More likely, Scaffies will be busier than ever under the new regs, keeping sheds maintained, well-lit, and disassembled before the same city toddler can take its first step and do its first chin-up under the same scaffolding.
[featured: clip from John Wilson’s “Hot to Put up Scaffolding”]
MDJ Law Blog 