Int. No. 956-C
By Council Members Rivera, Farías, Krishnan, Salaam, Schulman, Ayala, Cabán, Hanif, Dinowitz and Louis
A Local Law to amend the New York city building code, in relation to the display of artwork on temporary protective structures on construction sites
Be it enacted by the Council as follows:
Section 1. Section 3307.11 of the New York city building code, as added by local law number 163 for the year 2021, is amended to read as follows:
3307.11 Artwork on temporary protective structures. To the extent permissible under the zoning resolution, approved artwork or alternative artwork, as selected by the owner of a property at which a temporary protective structure has been installed, shall be displayed on such temporary protective structure as provided in this section.
3307.11.1 Temporary protective structure types. Temporary protective structures covered by this section include (i) sidewalk sheds, (ii) construction fences, and (iii) supported scaffolds when such temporary protective structures have been installed for at least 90 days.
3307.11.2 Approved artwork. For purposes of this section, the term “approved artwork” means a work of art approved by the department of cultural affairs or other agencies as designated by the department of cultural affairs for display on temporary protective structures pursuant to [section] Section 2508 of the New York City Charter.
3307.11.2.1 Alternative artwork. The owner of a property where a temporary protective structure has been installed may solicit a work or works of art for display on such temporary protective [structures] structure in lieu of approved artwork. Such owner shall notify, at a minimum, the council member in whose district such property is located and the community board of the community district in which such property is located, of a request for a work of art to be displayed on temporary protective structures at such property. Such owner may additionally notify community-based organizations based in the community district in which such property is located and any school, as such term is defined in subdivision g of [section] Section 522 of the New York City Charter, located in the community district in which such property is located, of a request for works of art to be displayed on temporary protective structures at such property. Notifications made pursuant to this section must be made timely in accordance with a schedule established by rules of the department. Prior to installation of such work of art, such owner must obtain the approval for such work of art from the department of cultural affairs.
3307.11.3 Illumination prohibited. Approved artwork or alternative artwork [installed] affixed to or painted on a temporary protective structure pursuant to this section shall not be illuminated.
3307.11.4 Required signs to be unobstructed. Approved artwork or alternative artwork [installed] affixed to or painted on a temporary protective structure pursuant to this section shall not obscure any sign required to be posted pursuant to Section 3301.9.
3307.11.5 Materials. Notwithstanding any other provision of the building code, approved artwork or alternative artwork may be affixed to a sidewalk shed or construction fence or painted directly on a sidewalk shed or construction fence. Approved artwork or alternative artwork [installed] affixed to or painted directly on a sidewalk shed or construction fence pursuant to this section [shall be printed on completely flat surfaces and] shall not include any illumination, electronic signage, protrusions, or projections. Approved artwork or alternative artwork affixed to a sidewalk shed or construction fence shall be printed on completely flat surfaces on materials that are durable, flame retardant, able to withstand all weather conditions, and designed to meet loads on temporary installations, including but not limited to wind, as prescribed in Chapter 16. All hardware and connection materials used to affix approved or alternative artwork shall also be durable, flame retardant, able to withstand all weather conditions, and designed to meet loads on temporary installations, including but not limited to wind, as prescribed in Chapter 16. The department may promulgate rules concerning materials used for the installation of approved artwork or alternative artwork.
3307.11.5.1 Sidewalk sheds. Approved artwork or alternative artwork [displayed on] may be affixed to or painted directly on a sidewalk shed. Approved artwork or alternative artwork affixed to a sidewalk shed shall be printed on lightweight, solid material that can be installed on the outer sides and ends of sheds either by stretching such material over the shed and fastening to the back or by affixing such material to self-adhesive panels that adhere directly to the shed. Approved artwork or alternative artwork shall not extend above or below the shed parapet.
3307.11.5.2 Construction fences. Approved artwork or alternative artwork [displayed on] may be affixed to or painted directly on a construction fence. Approved artwork or alternative artwork affixed to construction fences shall be printed on lightweight, solid material that can be installed on the outside of the construction fence either by stretching such material over the fence and fastening to the back or by affixing [vinyl] such material to self-adhesive panels that adhere directly to the fence. Approved artwork or alternative artwork shall not extend beyond the top of the fence.
[3307.11.7.3] 3307.11.5.3 Supported scaffolds. Approved artwork or alternative artwork displayed on supportive scaffolds shall be printed directly onto debris netting meeting the requirements of Section 3314.8.2.
3307.11.6 Artist credit and sponsorship message. A temporary protective structure displaying approved artwork or alternative artwork pursuant to this section [shall] may display a barcode that can be read by a smartphone, or successor technology, and directs the user to the website of the department of cultural affairs containing information posted on such website pursuant to subdivision c of Section 2508 of the New York City Charter.
3307.11.7 Opt out. The department shall include in its process for an initial application for a permit for a new sidewalk shed, construction fence, or supported scaffold, or for an amendment to an existing sidewalk shed, construction fence, or supported scaffold permit, an option for the owner of the property for which such permit is filed to opt out of participation in the program established by this [Section] section and [section] Section 2508 of the New York City Charter. If a property owner fails to affirmatively opt out, the requirements of this [Section] section and [ection] Section 2508 of the New York City Charter shall apply. Opting out pursuant to this section shall not be grounds for denial or delay of issuance of a permit for a sidewalk shed, construction fence, or supported scaffold, or for any other permit issued by the department. The department shall by rule allow the owner of such property to opt out of such program at a later time.
3307.11.7.1 Exception. An owner of a property for which a sidewalk shed, construction fence, or supported scaffold permit has been filed may not opt out if the project site is owned by the city of New York or receives capital funding from the city of New York or an agency, provided that this exception shall not apply if (i) approved artwork has been approved for display at 100 or more such sites within a two-year period, or (ii) no appropriation has been made for participation in the program established by this section and Section 2508 of the New York City Charter. For the purposes of this section, the term “agency” has the same meaning as such term is defined in Section 1-112 of the Administrative Code.
[3307.11.8 City capital projects. Project sites owned by the city of New York or receiving capital funding from the city of New York or an agency shall participate in the city canvas program, subject to appropriate, provided that not less than 100 such sites within a two-year period participate in such program. For the purposes of this section, the term “agency” has the same meaning as such term is defined in Section 1-112 of the Administrative Code.]
[3307.11.9 Installation and de-installation.] 3307.11.8 Display of artwork. Approved artwork or alternative artwork displayed on a temporary protective structure pursuant to this section shall be [installed] affixed to or painted directly on the temporary protective structure in conformity with rules promulgated by the department in consultation with the department of cultural affairs, and [must be de-installed within one year of installation] may remain on display for as long as the temporary protective structure remains in place pursuant to a valid permit. An owner who has participated in this program [and has de-installed artwork pursuant to this section] shall be deemed to have satisfied the requirements of Section 3307.11[, except that such participant may choose to participate in such program again following such de-installation, in conformity with rules promulgated by the department in consultation with the department of cultural affairs].
§ 2. This local law takes effect immediately.
YN/TZ/APM
LS #16127
10/1/24 5:34 PM