Additional Safeguards During Construction or Demolition for Existing Buildings and Occupied Buildings

NYC Admin. Code tit. 28, ch. 12, art. The New York City Existing Building Code, ch. 15

in effect

NYC Existing Building Code § EBC 1501 General

Section EBC 1501: General 1501.1 Scope. The requirements of this chapter shall apply to construction or demolition operations performed in existing buildings, as well as buildings that will be occupied during work, including newly constructed buildings that are partially occupied while work is ongoing. 1501.2 Compliance with the New York City Building Code. In addition to the provisions of this chapter, Chapter 33 of the New York City Building Code shall also govern the conduct of all construction or demolition operations with regard to the safety of the public and property. 1501.3 Responsibility for safety. Nothing in this chapter shall be construed to relieve persons engaged in construction or demolition operations from complying with other applicable provisions of law, nor is it intended to alter or diminish any obligation otherwise imposed by law on any party engaged in a construction or demolition operation, including but not limited to the owner, construction manager, general contractor, subcontractors, material men, registered design professionals, or other party to engage in sound design and engineering, safe construction or demolition practices, including but not limited to debris removal, and to act in a reasonable and responsible manner to maintain a safe construction or demolition site.

NYC Existing Building Code § EBC 1502 Safeguards for Occupants

Section EBC 1502: Safeguards for Occupants 1502.1 Occupant protection required. 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 hazard and nuisance. Such protective means shall be indicated on an occupant protection plan, or on a tenant protection plan, as applicable. Protective means shall also be installed as required by this code, the New York City Building Code, and any other applicable provisions of law. 1502.2 Common areas. Common areas open to the public shall be left clean and free from hazards at the end of the workday. 1502.3 Notification of disruption of utility services, egress, and accessibility features. In a building, including newly constructed buildings, in which any dwelling unit will be occupied during construction or demolition work, and where heat, hot water, cold water, gas, electricity, or other utility services are to be disrupted by such work, or where required means of egress or accessibility features are to be impacted by such work, occupants of the dwelling units shall be provided a minimum of 48-hours’ notice prior to the disruption or impact, unless the disruption or impact is due to an emergency condition. When due to an emergency condition, notice of the disruption or impact shall be made as soon as practicable. Exception: Notification of disruption of elevator service shall comply with the requirements of Section 1502.4. 1502.4 Notification of disruption of elevator service. Notification of disruption of elevator service shall be provided in accordance with Section 28-304.10 of the Administrative Code. 1502.5 Tenant and occupant protection plans. A tenant protection plan shall be prepared when required by Section 1503. An occupant protection plan shall be prepared when required by Section 1504. 1502.6 Egress. The requirements of Section 1505 shall apply. 1502.7 Tenant and occupant safety notes for limited alteration applications. When required by rules promulgated by the department, work performed under a limited alteration application shall be conducted in accordance with tenant and occupant safety notes, with such notes posted at the worksite in a location readily visible to the public. The content of the tenant and occupant safety notes shall summarize existing code and legal requirements.

NYC Existing Building Code § EBC 1503 Tenant Protection Plan

Section EBC 1503: Tenant Protection Plan 1503.1 Where required. Alteration, construction, or partial demolition work performed in a building in which any dwelling unit will be occupied during the work, including newly constructed buildings with 1 or more occupied dwelling units, shall be conducted in accordance with a tenant protection plan. Exceptions: A tenant protection plan is not required for the following types of work. This exception shall not alleviate the owner, contractor, or any other entity engaged in the work from their obligation to comply with applicable tenant protection laws and regulations. 1. Work that does not require a permit. 2. Work whose scope is limited to that authorized by a Limited Alteration Application. 3. Work limited to the alteration of an existing elevator. 4. Electrical work that does not require the submittal of plans to the department. 1503.2 Applicant. The tenant protection plan shall be prepared by a registered design professional and filed with the department. Such registered design professional shall be retained by the general contractor performing the alteration, construction, or partial demolition work. Exceptions: In the following instances, the tenant protection plan may be prepared and filed by the registered design professional of record retained by the owner as part of the underlying application for alteration, construction, or partial demolition work: 1. Work in occupied one- and two-family homes. 2. Work limited to the interior of a single, owner-occupied dwelling unit of an occupied multiple dwelling with no disruption to the essential services of other units. For a dwelling unit within a property that is owned by a condominium or held by a shareholder of a cooperative corporation under a proprietary lease, the unit must be occupied by the owners of record for such unit. 1503.3 Permit issuance. No permit shall be issued for work that requires a tenant protection plan unless such plan is approved by the department. 1503.4 The plan. Tenant protection plans shall, at a minimum, contain the items required by Sections 1503.4.1 and 1503.4.2. 1503.4.1 Plan statement. The tenant protection plan shall contain a statement signed by the owner and signed by the applicant affirming that the building contains dwelling units that will be occupied during construction. In addition, such statement shall indicate, in sufficient detail, the specific units that are or may be occupied during construction, and the means and methods to be employed to safeguard the safety and health of the occupants throughout the construction, including, where applicable, details such as temporary fire-rated assemblies, opening protectives, or dust containment procedures. Such means and methods shall be described with particularity and in no case shall terms such as "code compliant," "approved," "legal," "protected in accordance with law," or similar terms be used as a substitute for such description. 1503.4.2 Plan content. The tenant protection plan must be site specific. The elements of the tenant protection plan may vary depending on the nature and scope of the work but, at a minimum, must comply with all applicable laws and regulations, including the New York City Construction Codes, the New York City Fire Code, the New York City Housing Maintenance Code, the New York City Noise Control Code and the New York City Health Code, and shall make detailed and specific provisions for: 1. Egress. The tenant protection plan shall identify the egress that will be provided. At all times in the course of construction, provision shall be made for code compliant means of egress, as required by the New York City Construction Codes. Required egress shall not be obstructed at any time except where approved by the commissioner. 2. Fire safety. All necessary laws and controls, including those with respect to occupied dwellings, as well as additional safety measures necessitated by the construction, shall be strictly observed. 3. Health requirements. Specification of means and methods to be used for control of dust, disposal of construction debris, pest control, and maintenance of sanitary facilities shall be included. 3.1. Lead and asbestos. There shall be included a statement of compliance with applicable provisions of law relating to lead and asbestos, and such statement shall describe with particularity what means and methods are being undertaken to meet such compliance. 4. Compliance with housing standards. The requirements of the New York City Housing Maintenance Code and the New York State Multiple Dwelling Law, where applicable, shall be strictly observed. 5. Structural safety. No structural work shall be done that may endanger the tenants. 6. Noise restrictions. Specification of means and methods to be used for the limitation of noise to acceptable levels in accordance with the New York City Noise Control Code shall be included. Where hours of the day or the days of the week in which construction work may be undertaken are limited pursuant to the New York City Noise Control Code, such limitations shall be stated. 7. Maintaining essential services. Where heat, hot water, cold water, gas, electricity, or other utility services are provided in such building or in any dwelling unit located therein, the tenant protection plan shall specify the means and methods to be used for maintaining such services during such work in accordance with the requirements of the New York City Housing Maintenance Code. 7.1. Disruptions. If a disruption of any such service is anticipated during the work, the plan shall specify the anticipated duration of such disruption and the means and methods to be employed to minimize such disruption, including the provision of sufficient alternatives for such service during such disruption. 7.2. Coordinating work to minimize disruptions. Where disruptions are anticipated, the plan shall specify coordination efforts to be employed to minimize disruption to tenants, including but not limited to staging or phasing of work. 8. Maintaining accessibility. The tenant protection plan shall specify the means and methods to be used to maintain existing levels of accessibility for building tenants. 8.1. Disruptions. If accessibility is anticipated to be disrupted by the work, then the plan shall specify the anticipated duration of such disruption and the means and methods to be employed to minimize disruption to tenants, including the provision of sufficient alternatives. 9. Notifications. The tenant protection plan shall indicate the means and methods to provide required notifications to the tenants, including but not limited to notifications required by Sections 1502.3 and 1502.4. 1503.5 Public availability of tenant protection plan. Upon issuance of a permit for work containing a tenant protection plan, the department shall make the tenant protection plan publicly available on its website. 1503.6 Provision of copy of tenant protection plan to tenants upon request. The owner of a building undergoing work for which a tenant protection plan is required by Section 1503.1 shall, upon request from a tenant of a dwelling unit within such building, provide such tenant with a paper copy of the tenant protection plan approved by the department. 1503.7 Notice to tenants. Upon issuance of a permit for work containing a tenant protection plan, the owner shall (i) distribute a notice regarding such plan to each occupied dwelling unit and (ii) post a notice regarding such plan in a conspicuous manner in the building lobby, as well as on each floor within 10 feet of the elevator, or in a building where there is no elevator, within 10 feet of or in the main stairwell on such floor. The notice shall be in a form created or approved by the department and shall include: 1. A statement that tenants of the building may obtain a paper copy of such plan from the owner and may access such plan on the department website; 2. The name and contact information of the site safety manager, site safety coordinator, or superintendent of construction required by Section 3301.3 of the New York City Building Code, as applicable, or, if there is no site safety manager, site safety coordinator, or superintendent of construction, the name and contact information of the owner of the building or such owner’s designee; and 3. A statement that tenants of the building may call 311 to make complaints about the work. 4. Where the work involves the disturbance of lead-based paint, as defined in Section 27-2056.2, or paint of unknown lead content, occupants of the building shall be directed to information regarding the hazards associated with lead-contaminated dust in a form established by the department in collaboration with the Department of Health and Mental Hygiene. 1503.8 Phased tenant protection plans. Multiple layouts of the tenant protection features enumerated in Section 1503.4 may be submitted at any time during construction operations to show phased tenant protection plan designs consistent with the phase of anticipated work. Layouts submitted subsequent to a previously approved tenant protection plan shall constitute an amendment to such plan. Such amended plan shall be approved by the department prior to the commencement of the work requiring such amended plan. 1503.9 Contractor statement. The permit holder for the underlying alteration, construction, or partial demolition shall sign a statement certifying that the tenant protection plan submitted by the registered design professional aligns with the scope of work intended. Exception: This statement shall not be required where a tenant protection plan is filed as part of the underlying application, as permitted under the exception to Section 1503.2. 1503.10 Special inspection. Tenant protection plans shall be subject to special inspection in accordance with Section 1705.26 of the New York City Building Code. The special inspector shall be employed by a special inspection agency and shall possess the qualifications set forth in rules promulgated by the commissioner. 1503.11 Department inspection of tenant protection plan. The owner shall notify the department in writing at least 72 hours prior to the commencement of any work requiring a tenant protection plan. The department shall conduct an inspection of at least 10 percent of such sites within 7 days after the commencement of such work to verify compliance with the tenant protection plan. The department shall conduct follow-up inspections of such sites every 180 days until the work is completed to verify compliance with the New York City Construction Codes and tenant protection plan. Additionally, the department shall conduct an inspection within 10 days of receipt of a complaint concerning such work. Where the department receives a complaint alleging that dust is not being contained or controlled in accordance with a tenant protection plan, it shall conduct an inspection within 24 hours. The department shall, in collaboration with the department of health and mental hygiene, develop a procedure to complete a lead-contaminated dust test upon a determination that dust is not being contained or controlled during such tenant protection plan inspections or an inspection conducted in response to a complaint, and take any appropriate enforcement action, including the issuance of an order pursuant to section 28-207.2 of the Administrative Code. The department of health and mental hygiene shall assist the department to implement such procedure, including submitting dust samples collected by the department to a laboratory for analysis. The department shall refer the result of any such inspection to the department of health and mental hygiene for review and further inspection in accordance with the New York City Health Code. 1503.12 Enforcement of tenant protection plan. If work is not being performed in accordance with the tenant protection plan, the commissioner may issue a stop work order pursuant to Section 28-207.2 of the Administrative Code.

NYC Existing Building Code § EBC 1504 Occupant Protection Plan

Section EBC 1504: Occupant Protection Plan 1504.1 Where required. Alteration, construction, or partial demolition work performed in a building that will be occupied during the work, including newly constructed buildings that are partially occupied while work is ongoing, shall be conducted in accordance with an occupant protection plan. Exceptions: An occupant protection plan is not required for the following types of work. This exception shall not alleviate the owner, contractor, or any other entity engaged in the work from their obligation to comply with applicable occupant protection laws and regulations. 1. Work subject to a tenant protection plan in accordance with Section 1503. 2. Work that does not require a permit. 3. Work whose scope is limited to that authorized by a Limited Alteration Application. 4. Work limited to the alteration of an existing elevator. 5. Electrical work that does not require the submittal of plans to the department. 1504.2 Preparing the plan. The occupant protection plan shall be prepared by or on behalf of the general contractor performing the alteration, construction, or partial demolition work. Where the work will result in a change to building use or occupancy, a permanent change to egress, a temporary reduction to egress during work, or a disruption to fire alarm, standpipe, or sprinkler or similar fire suppression systems during work, such individual preparing the occupant protection plan shall be a registered design professional. 1504.3 The plan. The occupant protection plan shall provide the same level of detail and clarity, and include the same content and statements, as a tenant protection plan required under Section 1503.4. The term “tenant” in such sections shall, for the purpose of the occupant protection plan, mean “occupant,” and the terms “dwelling,” “dwelling unit,” or “unit” shall mean “occupied space.” 1504.4 Available upon request. The occupant protection plan shall be kept at the site by the general contractor performing the alteration, construction, or partial demolition work, and shall be made available to the department upon request. 1504.5 Provision of copy of occupant protection plan to occupants upon request. The owner of a building undergoing work for which an occupant protection plan is required shall, upon request from an occupant of such building, provide such occupant with a paper copy of the occupant protection plan. 1504.6 Notice to occupants. Upon issuance of a permit for work requiring an occupant protection plan, the owner shall post a notice regarding such plan in a conspicuous manner in the building lobby, as well as within 10 feet of the elevator on each floor open to the public where such work is occurring, or in a building where there is no elevator, within 10 feet of or in the main stairwell on such floor. The notice shall be in a form created or approved by the department and shall include: 1. A statement that occupants of the building may obtain a paper copy of such plan from the owner; 2. The name and contact information of the site safety manager, site safety coordinator, or superintendent of construction required by Section 3301.3 of the New York City Building Code, as applicable, or, if there is no site safety manager, site safety coordinator, or superintendent of construction, the name and contact information of the owner of the building or such owner’s designee, or, if the site is owned or leased by a government entity, the name and contact information of the project officer, building manager, or similar designated official; and 3. A statement that occupants of the building may call 311 to make complaints about the work. 1504.7 Phased occupant protection plans. The occupant protection plan may be developed in phases to show the occupant protection plan layouts consistent with the anticipated work for such phase. The occupant protection plan maintained at the site must be a complete and self-contained document that fully accords with the ongoing work.

NYC Existing Building Code § EBC 1505 Maintaining Means of Egress

Section EBC 1505: Maintaining Means of Egress 1505.1 Maintenance of means of egress. Existing required means of egress shall be maintained at all times during construction or demolition operations in an occupied building and shall not be removed, obstructed, or altered in any manner that would diminish the full effectiveness of such means of egress. Exceptions: 1. Where a new permanent or temporary means of egress that complies with all applicable egress requirements of Chapter 10 of the New York City Building Code is provided in substitution, and the new permanent or temporary means of egress has satisfactorily passed an inspection by the department or another party designated by the department prior to the diminishment of any existing required means of egress in the building. 2. A variance approved in accordance with Section 28-103.3 of the Administrative Code.

NYC Existing Building Code § EBC 1506 Automatic Sprinkler System

Section EBC 1506: Automatic Sprinkler System 1506.1 Sprinkler systems during alteration or demolition. Existing sprinkler systems in buildings undergoing an alteration or demolition shall comply with the requirements of Section 3303.7.4 of the New York City Building Code and Section 1506.2. 1506.2 Sprinkler protection during construction in fully sprinklered buildings. Where alterations are proposed to a floor on which the sprinkler system is to be temporarily disconnected in the work area, Temporary Core Sprinkler Protection (TCSP) shall be provided in accordance with Sections 1506.2.1 through 1506.2.5. Alterations shall also comply with the New York City Fire Code, including referenced standards therein. 1506.2.1 Temporary Core Sprinkler Protection (TCSP). As a temporary fire protection measure, TCSP shall be provided on occupied floors on which an existing sprinkler system is to be temporarily disconnected during alterations. When provided, TCSP shall be connected to the fire alarm system in the building. In buildings without a fire alarm system, TCSP shall be connected to a local annunciation and notification system. TCSP shall comply with and shall be placed in accordance with applicable requirements of NFPA 13 as modified by Appendix Q of the New York City Building Code. TCSP shall provide the same responses as the existing sprinkler system monitoring in the building. TCSP shall be provided at the following locations: 1. At the elevator hoistway openings. 2. At exit doors to required exit stairways. 3. Along the egress paths, including corridors, connecting all required exits and elevator lobbies. 1506.2.2 Sprinkler protection on partially occupied floors. When a floor is partially occupied during an alteration, the sprinkler heads in the work area may be temporarily removed and the TCSP that complies with Section 1506.2.1 shall not be required provided all the following conditions are met: 1. The work area does not exceed 52,000 square feet (4831 m2) and is fully compartmented in at least 1- hour fire-rated barriers or horizontal assemblies; 2. The entire floor’s sprinkler system remains intact outside of the work area; 3. Sprinkler head(s) are placed on both sides of all entrances to and exits from the work area; Exceptions: 1. Spaces located outside of the first floor entrances and exits. 2. Openings to exit enclosures. 4. Heat detectors are placed on the construction side of the entrance doors to the temporary compartmented work area. Heat detectors shall be installed in compliance with NFPA 72 as modified by Appendix Q of the New York City Building Code for the occupancy in which they are placed and shall be connected to the fire alarm system in the building. Where there is no fire alarm system, heat detectors shall be connected to a local annunciation and notification system; 5. Sprinkler heads are not placed inside the stairwell when the work area is near the stairwell; 6. All required exits are maintained for the duration of the construction, including those from the work area; and 7. Application for a permanent replacement sprinkler system is made within 60 days of application filed for the temporary removal of sprinklers. 1506.2.3 Sprinkler protection on unoccupied floors. TCSP, as described in Section 1506.2.1, shall be provided when an entire floor is unoccupied during an alteration in a fully sprinklered existing building. The sprinklers shall be located at an appropriate height above the floor to clear any future ductwork and sprinklers and shall comply with and be placed in accordance with Section 903 of the New York City Building Code. 1506.2.4 Scope of work with duration of 1 year or more. Where the alteration work is expected to take a year or longer, temporary protection measures described in Sections 1506.2.2 and 1506.2.3 shall not be permitted and the entire floor(s) undergoing alterations shall be sprinklered in accordance with Section 903 of the New York City Building Code. 1506.2.5 Compliance with the New York City Fire Code. Where temporary removal or disconnection of sprinkler system is permitted in accordance with Sections 1506.2.2 or 1506.2.3, the building owner shall comply with the New York City Fire Code out-of-service requirements.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-242613Fetched: 10/24/2026