NYC DOB: Proposed Rule – Amendment of Civil Penalty Waiver Rules Regarding Sidewalk Sheds

Updated: May 31, 2023


The attached Proposed Rule – Amendment of Civil Penalty Waiver Rules will take place remotely via Teams on Thursday 7/6/23 at 12pm. The Proposed rule will be published in the City Record on 6/5/23.

Please note that the Department’s rules are also available for viewing and downloading on the DOB website here (the attached rule will not be available for viewing/downloading for several days)

Statement of Basis and Purpose of Proposed Rule

Section 102-04 of Title 1 of the Rules of the City of New York is amended to remove the civil penalty waiver provision for sidewalk sheds with expired permits. This amendment makes clear that civil penalties will be assessed for keeping a sidewalk shed up after the expiration of a valid permit. Pursuant to section 28-213.3 of the Administrative Code, before any sidewalk shed permit is issued or renewed, any penalty issued for maintaining a sidewalk shed after the permit has expired will have to be paid.

The Department expects that the threat of or actual issuance of violations for sheds with expired permits will result in more such sheds being dismantled and removed from City streets while still maintaining the necessary public protection.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and Article 213 of Chapter 2 of Title 28 of the New York City Administrative Code.

New material is underlined.[Deleted material is in brackets.]

Paragraphs (5) and (10) of subdivision (d) of section 102-04 of subchapter B of chapter 100 of Title 1 of the Rules of the City of New York are amended to read as follows:

(d) Waiver of civil penalty for work without a permit. Notwithstanding any penalty waiver, a permit must be obtained for the unpermitted work. The Department may waive a civil penalty for work without a permit in the following instances:

(5) Where a fence, [shed or] scaffold [(]or other temporary construction equipment[)], excluding sidewalk sheds, was installed with a valid permit and the permit has expired.

(10) Where an owner of a business that employs fewer than one hundred employees has been issued a violation for unpermitted work and such owner has demonstrated, in a form and manner determined by the Department, that they are the owner of the business, except that such waiver does not apply to a sidewalk shed that was installed without a permit or installed with a valid permit and the permit has expired.

Download the entire notice of Public Hearing and Opportunity to Comment on Proposed Rule here…


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