Local Law 11: Latest Developments in Sidewalk Sheds and Scaffolding

The city is cracking down on long-standing sheds.

Many sidewalk sheds in New York City are tied to the DOB’s Façade Inspection and Safety Program (FISP), also known as Local Law 11 of 1998. Under this law, owners of buildings taller than six stories must have their facades inspected and repaired every five years, along with submitting a corresponding technical façade report to the DOB. These buildings are then classified as “safe,” “safe with a repair and maintenance program,” or “unsafe.”

If a building has a problem or defect that threatens public safety and is designated unsafe, the owner must immediately install pedestrian protection, such as a sidewalk shed, until the defects or severe issues are properly addressed. However, when construction projects face delays or the owners fail to complete the necessary repairs often result in sidewalk sheds remaining in place for months or years at a time.

To address this issue, last summer, Mayor Adams and the DOB unveiled a “Get Sheds Down” initiative to remove scaffolding more quickly, and replacing them, where possible, with more aesthetic or less intrusive alternatives such as safety netting. Recently, recent initiatives and new studies have placed attention on the hidden costs of prolonged scaffolding, and new legislation is in the works to expedite repairs and reduce the negative impact of these sheds on local businesses and communities.

Business Impact of Prolonged Sidewalk Sheds

The city recently released a study showing that businesses under sidewalk sheds in Manhattan suffer from a major reduction in sales. According to the study, conducted in partnership with Mastercard, businesses located under sidewalk sheds see monthly revenue declines between $3,900 and $9,500. Restaurants and bars are particularly hard hit, with some reporting up to a 9.7 percent decrease in transactions. This sheds light on the broader economic impact of scaffolding, which often remains in place for years while building owners delay necessary repairs.

Impending Legislative Changes

In June, Buildings Commissioner Jimmy Oddo testified at the City Council Committee on Housing and Buildings to advocate for new enforcement tools to help the DOB compel building owners to make needed building repairs, and get sidewalk sheds down faster.

To help reduce the number of unnecessary long-standing sidewalk sheds and improve the design of necessary sheds and scaffolding, legislative action by the Council is necessary to implement the Adams administration’s “Get Sheds Down” plan. Among the proposed legislation now being considered by the City Council are bills for graduated penalties for building owners with long-standing sheds, enforcing building repair timelines, reducing permit lengths, introducing more color options, and mandating better lighting.

Reviewing Façade Inspection Regulations

Another significant development is the DOB’s recent announcement of comprehensive review of the city’s façade inspection regulations. According to the DOB, this review is the latest step to implement the city’s “Get Sheds Down” plan. The review, conducted by engineering consulting firm Thornton Tomasetti, aims to reevaluate whether the current one-size-fits-all regulations are appropriate for all buildings over six stories tall.

The study will examine best practices from other cities and could lead to changes that reduce unnecessary sidewalk sheds while maintaining public safety. The review will result in a set of recommendations for policy makers that could include changes to the current requirements. For owners, this could mean more flexibility in how they meet safety standards without the prolonged use of scaffolding.

As part of the study, the engineering firm will:

• Use artificial intelligence to help comb through decades of DOB’s façade inspection reports and building incident data to find commonalities, helping to pinpoint situations when building façade failures are most likely to occur.
• Conduct a comprehensive literature review on building materials testing and construction practices to determine whether all buildings should be compelled to comply with one-size fits all requirements, or whether different requirements are more appropriate.
• Conduct extensive outreach to other municipalities, industry groups, material fabricators, and universities around the country to account for best practices currently utilized outside of New York City, as well as speak directly to the engineering and architectural community here in New York City to draw from their experience as well.

Stepped-Up Enforcement, Lawsuits

To ensure compliance with safety regulations and the timely removal of sidewalk sheds, the DOB has stepped up enforcement. Recently, the city filed a lawsuit against the owners of several Manhattan buildings who have failed to address dangerous façade conditions and allowed sidewalk sheds to remain in disrepair for years. The lawsuit claims these property owners have neglected the buildings since purchasing them in 2009, letting the dangerous conditions persist for over 14 years.

DOB records show that the property owners obtained permits for sidewalk sheds at these buildings at various times dating back to 2006. The city brought a criminal case against the owners of these buildings in 2022 to which the owner pled guilty for failing to maintain the building. Despite this guilty plea and multiple orders from the city to make the necessary repairs to both the building and this temporary protective equipment, the sidewalk shed has remained in place and the façade has remained un-fixed.

In the recently announced lawsuit, the city claims the defendants failed to maintain the building’s façade or comply with Façade Inspection and Safety Program (FISP) requirements, and allowed the protective shed to deteriorate to a dangerous condition in and of itself. It showed an extreme disregard for public safety concerns, including reports of falling debris from the building. It ignored years of summonses DOB issued requiring correction of the dangerous conditions at the property, and failed to pay penalties resulting in docketed judgments and collection action.

The lawsuit seeks to enforce the Nuisance Abatement Law and the NYC Construction Codes, and compel the property owners to take the following actions in the immediate months:

• Repair and maintain the sidewalk shed to ensure it is safe, well-lit, clean, and code-compliant;
• Comply with the city’s FISP by immediately having the facades inspected by a Qualified Exterior Wall Inspector (QEWI) and correct unsafe conditions immediately;
• Complete repair of all façade issues to ensure the façade is safe and the shed can be removed.

The city is seeking significant penalties, including fines of up to $1,000 per day for violations under the Nuisance Abatement Law, as well as payment of thousands of dollars already owed as penalties for failing to file inspection reports, late filing, and retaining the shed in lieu of correcting the dangerous façade conditions that necessitated the shed in the first place.

What Owners Should Expect

Owners should anticipate stricter regulations and enforcement related to sidewalk sheds and scaffolding in the near future. The Adams administration’s push to publicize the sidewalk sheds effect on local businesses, recent testimony to the City Council by the DOB commissioner seeking new enforcement powers, and the strategy of filing nuisance lawsuits mean owners should be proactive in addressing necessary façade repairs and avoiding prolonged scaffolding.