The Real Estate Board of New York to The City Council Committee on Housing and Buildings on Sidewalk Shed Reform Legislation

Download the Testimony

We appreciate the opportunity to testify on several bill pertaining to reforming and updating the deployment and use of sidewalk sheds and other systems that protect the public from potential hazards during building construction or repairs.

Bill: 369-2024

Subject: This bill would require the Department of Buildings (DOB) to establish a pilot program for the use of drones, in conjunction with physical examinations and close-up inspections, in the inspection of building façades. The pilot program must run for at least one year. This bill would also require DOB to continue to study the impact of the use of drones in building façade inspections, and their potential use in the course of other DOB work, and to submit a report of the study’s findings.

Sponsors: Keith Powers, Gale A. Brewer

REBNY supports studying the viability of drones to assist in undertaking façade inspections. Drones and other robotic technologies have the potential to simplify façade inspections and would not require the same level of sidewalk shed and scaffolding installation. DOB should work closely with the real estate industry to develop and implement this pilot program.

Bill: Intro 391-2024

Subject: This bill would create new sidewalk shed design requirements, such as allowing mesh netting as an alternative protection against unsafe facade conditions, disallowing sidewalk sheds in favor of cantilevered platforms during the construction of new major buildings, requiring that sidewalk sheds have a minimum height of 12 feet, and allowing sheds to be painted in a manner that would better blend with their surroundings.

Sponsors: Keith Powers, Erik D. Bottcher, Pierina Ana Sanchez, Shaun Abreu, Lincoln Restler, Gale A. Brewer, Shahana K. Hanif, Crystal Hudson, (in conjunction with the Manhattan Borough Preside

REBNY largely supports this effort to improve and make more flexible the design of sidewalk sheds and to codify the use and design of alternatives to sheds, such as netting. Netting should cut back on the need to build sidewalk sheds in some instances without reducing public protection. The proposed use of cantilevered platforms at major construction sights also has the potential to improve aesthetics and the usability of roads and sidewalks around construction sights.

REBNY looks forward to working with the sponsor and the Council to work out the details of the bill, which are technical in nature and need closer study.

Bill: Intro 393-2024

Subject: This bill would create timeframes for the removal of construction-related equipment when there is no active construction and would permit the City to correct unsafe conditions of exterior walls.

Sponsors: Keith Powers, Erik D. Bottcher, Pierina Ana Sanchez, Shaun Abreu, Lincoln Restler, Gale A. Brewer,Shahana K. Hanif, Crystal Hudson, Alexa Avilés, (in conjunction with the Manhattan Borough Preside

REBNY appreciates the intent of this legislation, and shares concerns about sidewalk sheds remaining up for long periods of time, especially in instances when it does not appear as though work is being done. However, there are frequently times when correcting an unsafe condition takes considerably longer than the 180 days allowed in this proposal. Therefore, the legislation should be amended to provide an owner with the ability show that they are in the process of correcting an issue prior to a City agency stepping in to perform work.

In addition, using City agencies to repair private buildings should be kept to a minimum. Most agencies are strained as is in terms of staff and funding. This would be particularly difficult if the landlord’s design documents are in place, work is permitted, and contractors are mobilized to complete the work pending an extension.

Bill: Intro 394-2024

Subject: This bill would require the examinations of building façades for newly constructed buildings, currently due five years after the completion of any exterior wall or appurtenance, to be submitted eight years after completion. The bill would further require the Department of Buildings to coordinate the submission of critical examination reports as practicable so that all façade repairs on a given block occur simultaneously.

Sponsors: Keith Powers, Erik D. Bottcher, Shaun Abreu, Lincoln Restler, Gale A. Brewer, Shahana K. Hanif, Crystal Hudson, (in conjunction with the Manhattan Borough President

REBNY supports this bill. Allowing owners to conduct the first inspection eight years after completion rather than five years is a prudent step. Further, while it may prove challenging, coordinating inspections on a single block is laudable.

Bill: Intro 436-2024

Subject: This bill updates the New York City Electrical Code.

Sponsors: Pierina Ana Sanchez, Amanda Farías, Tiffany Cabán, Farah N. Louis, Yusef Salaam, (by request of the Mayor)

REBNY commends DOB and the many participants in the code revision process for updating the New York City Electrical Code. Code updates are done through a long and comprehensive consensus-based process that includes the input of a broad range of stakeholders. This includes a mediation process undertaken by DOB where consensus cannot be reached. Although we acknowledge that there may be technical issues that may need to be corrected, we strongly recommend that the Council respects the integrity of the process that brought us this code update and does not interfere with the decisions reached by all stakeholders.

Bill: Intro 660-2024

Subject: This bill would increase the required level of lighting under sidewalk sheds from 45 lumens per watt or greater to 90 lumens per watt or greater. It would also require that lighting under sidewalk sheds be provided specifically by LED lights.

Sponsors: Erik D. Bottcher, Pierina Ana Sanchez, Keith Powers, Kalman Yeger, Shahana K. Hanif, Gale A. Brewer, Lincoln Restler, Crystal Hudson, (by request of the Manhattan Borough President)

REBNY supports this bill for sidewalk sheds installed after enactment. However, the statute should recognize that the standard of reaching 90 lumens per watt may not be achievable in all instances.

Bill: Intro 661-2024

Subject: This bill would create penalties for property owners who fail to apply for corresponding work permits within 6 months of installing a sidewalk shed, and would require the Department of Buildings to inform applicants regarding expected delays in the issuance of work permits following the issuance of a sidewalk shed a permit.

Sponsors: Erik D. Bottcher, Pierina Ana Sanchez, Keith Powers, Shahana K. Hanif, Gale A. Brewer, Lincoln Restler, Crystal Hudson

REBNY supports the intent of this bill. However, we recommend the addition of a provision that would allow an owner to demonstrate that there are extenuating circumstances that are legitimately preventing permits from being issued in 6 months prior to being penalized, such as delays at the DOB that the bill recognizes in section 28-103.11.

Bill: Intro 503-2024

Subject: This bill would mandate the department of buildings to create and maintain a program that assists building owners in finding labor and financial resources for their façade inspection requirements.

Sponsors: Shaun Abreu, Keith Powers, Pierina Ana Sanchez, Christopher Marte, Erik D. Bottcher, (by request of the Manhattan Borough President)

REBNY supports this legislation.

Bill: Intro 774-2024

Subject: This bill would require the Department of Buildings (DOB) to conduct sidewalk shed inspections every six months and charge fees for each inspection, with the fee proportionate to the size of the sidewalk shed.

Sponsors: Christopher Marte, Gale A. Brewer, Lincoln Restler, Shekar Krishnan, Sandra Ung

Under current law, all sidewalk sheds must be inspected six months after they are installed and every six months by a qualified person designated by the designer, the permit holder for the shed, or a third party acceptable to both the designer and the permit holder. Shifting that burden to an understaffed and underfunded DOB is neither necessary nor advisable and would take away from their ability to undertake other critical tasks. Therefore, REBNY supports maintaining the current approach to inspecting sidewalk sheds.

Bill: Intro 796-2024

Subject: This bill would require that at least 72 hours before a new sidewalk shed is installed, the Department of Buildings (DOB) Commissioner notify the Council Member and community board in which the sidewalk shed will be located and provide the reason for the installation of such sidewalk shed.

Sponsors: Althea V. Stevens, Diana I. Ayala, Mercedes Narcisse, Chris Banks, Farah N. Louis, Amanda Farías, Yusef Salaam, Selvena N. Brooks-Powers, Sandra Ung, Lincoln Restler, Vickie Paladino

DOB already maintains a publicly searchable website that lists all active sidewalk shed permits. As such, this bill would add yet another requirement for the DOB without any added benefit to the City or the public.