Updated: May 8, 2025
The NYC Department of Buildings (DOB) has officially adopted an amendment to the rules regarding artwork on temporary protective structures. This final rule is now in effect and applies to contractors, property owners, and construction managers across New York City. The update aims to clarify compliance standards, inspection requirements, and opt-out procedures under Section 3307 of the NYC Building Code.
Key Updates You Need to Know:
- Effective Immediately – The final rule is now in effect as of publication and applies to all temporary protective structures installed on or after September 1, 2023.
- Artwork Requirements – Sidewalk sheds, construction fences, and supported scaffolds must include DOB-approved artwork unless the property owner has formally opted out in compliance with the rule.
- Opt-Out Restrictions – City-owned properties or projects receiving City capital funding cannot opt out of the artwork requirement unless explicitly exempted under Section 3307.11.7.1.
- Installation Guidelines – Artwork may be either painted or affixed directly to the protective structure. The installation method must align with the structure type and location.
- Inspection Provisions – Painted artwork is exempt from routine DOB inspections. However, affixed artwork (such as printed panels) is subject to inspection per existing Building Code intervals:
- Daily (sheds)
- Weekly (fences)
- Per shift (scaffolds)
Why This Matters:
Failure to comply with these updated rules may result in violations, enforcement actions, or delays. The DOB’s goal is to enhance public-facing construction environments while ensuring clear, safe, and aesthetically improved job sites. Awareness and compliance with this rule help maintain site integrity and avoid costly penalties.
If you’re part of our New York City construction industry and would like to keep informed of new developments and how your project could be affected, we invite you to sign up for our mailing list. We’ll also send you our complimentary, comprehensive guide to New York City DOB’s new Chapter 33 Building Code revisions.
Cahill Strategies Construction Solutions Guide to NYC Building Code Chapter 33 Revisions
Cahill Strategies has developed a detailed and documented guide to the most important revisions that New York construction professionals are likely to encounter every day. We were able to do this because Cahill Strategies has been involved instrumentally in the development of these codes.
The 100-page book is meticulously organized and can be used as a handy reference when many common issues arise. In each section, the specific revisions are highlighted, and the new information is presented in a clear and practical manner with further explanation on why the change is so important. All of this, reviewed and vetted by one of New York’s longest serving, former DOB professionals – Cahill Strategies’ Director of Construction Code & Safety, Bobby D’Alessio.
More on Our Construction Solutions Team
Cahill Strategies is a team comprised of skilled construction industry strategists dedicated to guiding clients through the intricate regulatory and political landscape, resulting in propelling projects within New York City to completion. Our expertise lies in representing large general contractors, sub-contractors, construction management firms, design professionals, and owners/developers.
- Liaising with City and State regulatory agencies such as NYC DOB, DOT, FDNY, DEP, Landmarks, HPD, DOF, DOH, DOE, and others;
- Liaising with elected officials and other stakeholders such as NYC Mayor, City Council, Community Boards, NYS Governor, Senate and Assembly;
- Liaising with public utilities, such as ConEd, National Grid, Water & Sewer;
- Liaising with private utilities and telecommunication companies;
- Facilitating submissions to City and State regulatory agencies, Community Boards and other decision makers for project support and approval;
- Consultation on Stop Work Orders, Violations, Commissioner’s Orders and other enforcement actions; and
- Consultation and negotiating fines with the NYC or NYS Department of Finance, and other City and State regulatory agencies.
New York Construction Solutions
Cahill Strategies has experience representing large general contractors, construction management firms, owners, and developers. A key to our success is our vast network of decision makers that we have the ability to reach on your behalf. Additionally, our team is involved in the legislative and regulatory processes at the Federal, State, and Local levels which affect the construction industry in New York State, New York City, and surrounding regions. We possess the knowledge of industry standards and trends, along with key relationships that will bring your projects to fruition. Read more…
Receive Our Construction Updates…
Helpful Links:
Contact Us:
Get to know Bobby D’Alessio
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.
Cahill Strategies Welcomes Former NYC DOB Director of Construction Safety Enforcement, Bernie Ross
Cahill Strategies Welcomes Former NYC DOB Director of Construction Safety Enforcement, Bernie RossIt is with great pleasure that Cahill Strategies welcomes veteran DOB safety leader Bernie Ross as Senior Construction Safety Associate.
Bernard “Bernie” Ross is former New York City Department of Buildings Director of Construction Safety Enforcement. With more than 20 years serving the DOB as a Construction Inspector, Supervising Inspector, Director Major Projects, and finally, Director of Construction Safety Enforcement. Read more about Bernie here…
Get to know Kevin Moran
Kevin, the Vice President of Construction Solutions at Cahill Strategies, brings a wealth of experience in the New York construction industry to his role. He has a strong track record of guiding clients through complex building processes, with a range of successful projects under his belt, including commercial and residential developments, infrastructure and transportation projects, and various utility matters.
