Our Series on the 2022 New York City Building Code, Chapter 33, Safeguards During Construction or Demolition Continues…

Introducing BC 3308 – Unenclosed Perimeter Protection

The revised code makes clearer that typical vertical and horizontal netting, as well as guardrails, do not require an application submission and permit from DOB. Vertical and horizontal netting, however, require design (no change here). Typical guardrails that meet the specifications in 3308.7 do not require design. These specifications are similar to OSHA’s requirements. Deviations from these guardrail specifications will require design meeting loading criteria established in the code (no change here).

One of the exceptions to the need for vertical netting at window openings has been modified. The exception now requires that the sill height be 42 inches, not 2 feet. Otherwise, 60” vertical netting must be maintained.

The zero cable is now required to be secured to the deck and remain in contact with the deck to prevent small debris from getting under the netting.

The revised code makes clear that the installation, maintenance, and removal of the unenclosed perimeter protection systems must be supervised by the project permit holder and his designated competent person. Also, a new section was added for inspection requirements and for vacuum cleaning of areas at the perimeter when work is performed that typically produces dust and small debris. Vacuuming is also necessary prior to temporary removal of unenclosed perimeter protection. The object here is to mitigate material/debris/equipment fall hazards at the perimeter, especially when the protection is temporarily removed. It is quite common for debris to be outside the vertical netting and resting on the concrete slab eyebrows. These inspections should be recorded in the SSM, SSC, CS, logbook or otherwise documented by the competent person.

You can find the Chapter 33 Safeguards During Construction OR Demolition General Section here… 

You can find Local Law 126, authorizing the revisions of these building codes here… 

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In the coming days, we will share some of the most important aspects of these revisions that our industry friends and associates need to know about via our LinkedIn page. We suggest you follow our page so you won’t miss a single one. You can also join our email list using the form below to receive updates on this and all matters we share about New York City construction.

For clients, we’ll be consulting, advising, and holding video call de-briefs for some of the most important aspects of these code changes. We’re even developing a handy reference guide and digest – specially curated for our clients. Stay Tuned.

Are you a Contractor – General or Sub? Temporary Construction Equipment Installer? Site Safety Manager? Site Safety Coordinator? Registered Construction Superintendent? Concrete Safety Manager?

Are you a Developer or Owner?

No matter what your role is, being aware of New York City’s latest construction code changes can help you to build safe and save you time and money. And as we all well know – ignorance of the rules is no defense when the inspector comes knocking. Not having a firm grip on the latest regulations can be very costly. Problems like this can be avoided when you have an experienced team combing through the new regulations and making relevant information available to you.

The new Chapter 33 construction code revisions cover the following areas:

• Manufacturer specifications, design, and capacity
• Safeguards and Maintenance of the Site
• Soil and foundation work
• Material placement and installation
• Demolition
• Protection of pedestrians
• Unenclosed perimeter protection
• Protection of adjoining property
• Requirements for the construction or demolition of major buildings

If you’re doing major work in New York City, every one of these areas is part of your day-to-day.

Here at Cahill Strategies, we assist developers, owners, general contractors and other industry stakeholders to understand the intricacies of the New York City code. We solve problems in this area every single day.

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A Note About the effective dates of the 2022 New York City Building Code, Chapter 33, Safeguards During Construction or Demolition:

• The effective date of the 2022 Building Code (Local Law 126 of 2021) is November 7, 2022.
• Buildings Bulletin 2022-007 (Building Bulletins 2022 – Buildings  governs when an application is subject to the 2022 codes vs prior codes.
• For Chapter 33/Safeguards During Construction or Demolition, the trigger date for jobs requiring a Site Safety Plan (SSP) is the approval date of the SSP.
• For jobs NOT requiring a SSP submission or not requiring a SSP at all, the trigger date is the submission date of the underlying work application (new building, alteration, etc).
• For phased SSP submissions, at least one complete phase (such as the foundation phase of a multi-phase project) must be approved before 11/07/22 to vest under the 2014 codes.
• Application submissions must be “substantially” complete, meaning, no incomplete “place holder” filings should be submitted for the sole purpose of vesting under a prior code.
• For temporary construction equipment, including fences, sidewalk sheds, scaffolds, cranes, chutes, etc., the trigger date is the date of submission of the temporary construction equipment application.

See full details in BB 2022-007

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Robert “Bobby” D’Alessio, is a former New York City Department of Buildings Senior Executive Director of Construction Safety. Mr. D’Alessio’s focus is predominately in the areas of construction code and safety analysis for our clients’ major new building and renovation projects in the New York City and surrounding regions.

As Cahill Strategies’ Director of Construction Code and Safety, Bobby brings an unparalleled level of knowledge and practical experience to our growing construction solutions practice area.

More about Bob D’Alessio…

• NYCDOB Buildings News
• NYCDOB Weather Advisories
• NYCDOB Buildings Bulletins
• NYC Construction Codes
• New NYCDOB Chapter 33 Codes

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