A.
Enforcement of Article. Except as may be otherwise provided by any law or ordinance, the provisions of this article shall be enforced by the Superintendent of Buildings, and all safeguards required by the provisions of this article or by any rules authorized thereunder shall be subject to the supervision of the Superintendent. The Superintendent of Buildings shall from time to time adopt such rules consistent with the provisions of this article as may be necessary to secure fully the protection of persons and property. In case any safeguard shall not be provided, as prescribed by this article, the Superintendent of Buildings shall cause a notice to be served personally upon the persons whose duty it may be to provide the same or upon the owners of the buildings affected requiring such safeguards and specifying the manner in which the same shall be erected. If such safeguard is not provided as required in such notice within 24 hours after the service thereof, the Superintendent of Buildings shall have full power and authority to provide or cause the same to be provided as herein specified. All expenses connected with same may become a lien on the property enclosed or protected, which lien may be created and enforced in the same manner as now provided in § 86-10K(6).
B.
Sidewalk sheds required. Whenever any structure or
part thereof within 10 feet of the street line is to be erected or
raised to exceed 30 feet, two stories, in height or whenever such
a structure more than 25 feet in height is to be demolished, the owner
or the person doing or causing such work to be done shall erect and
maintain, during such work, a substantial shed over the sidewalk in
front of said structure and extending, so far as practicable, from
the building line to the curb. On streets 50 feet or less in width
and on streets having sidewalks less than 15 feet in width, such sheds
may extend beyond the curb to such extent as may, on the recommendation
of the Superintendent of Buildings, be approved by the Village Board
of Trustees, provided that when such sheds extend to within 15 feet
of the opposite building line, the written approval of the lessees,
tenants or occupants of the two stories or parts of stories next above
the curb of the structures along the opposite building line shall
have been obtained before such approval is issued. Such shed shall
remain in place until the structure is enclosed or, in case of demolition,
until the structure has been reduced to 20 feet in height. Every such
shed shall be kept properly lighted at night.
C.
Temporary fence. In any building operation that does not require a sidewalk shed, as provided in Subsection B, the owner or person doing or causing such work to be done shall, unless relieved by general rule of the Superintendent of Buildings or a special permit from him, erect and maintain in front of the structure, during such building operation, a substantial fence not less than eight feet high and constructed of wood or other suitable material. Such fence may extend not more than six feet into the highway and shall be built solid for its full length, except for such openings provided with sliding doors or doors swinging inwards as may be necessary for a proper prosecution of the work.
D.
Scaffolding. All scaffolds used in connection with
the erection, alteration or demolition of any structure shall be constructed
in a manner to secure the safety of the workmen on them and of all
persons passing under or near them. All scaffolds used on or about
structures at a height or more than 20 feet above the street or ground
level or a floor, except scaffolding wholly within the interior of
a structure and covering the entire floor space of any room therein,
shall be provided with substantial railings or enclosures of wire
mesh or other suitable material along the outer edges and ends and
extending at least three feet above the working platform.
E.
Warning lights.
(1)
All pits, excavations, fences, barriers, builder's
equipment, building materials or rubbish in or upon a street shall
have placed upon or by them, after dark, illuminated lamps or torches
in such manner that there shall be at least one light at each end,
and where such excavation, fence, barrier, pile or building material
or rubbish is more than 50 feet in length, there shall be at least
one additional light for each additional 50 feet of length or fraction
thereof.
(2)
All lights shall be so located and maintained as to
afford proper warning of danger to pedestrians and vehicles.
A.
Enforcement of protective measures. The Superintendent of Buildings shall notify the owner of the structure affected of any failure to comply with any provisions of the Labor Law and Industrial Code of the State of New York which affect the safety of persons during the construction or demolition of structures. Unless the owner so notified proceeds within 24 hours to comply with the orders of the Superintendent of Buildings, the Superintendent shall have full power to correct the violation. All expenses incurred therefor shall become a lien on the property which may be enforced as provided in § 86-65A.
B.
Protection of floor openings.
(1)
All openings in floors, whether permanent or temporary,
unless covered over with safe and secure temporary flooring, shall
be protected on all sides by substantial supported guardrails at least
three feet above the floor level and by toeboards at least six inches
high at the floor level.
(2)
When floor openings are used as hoistways, they shall
be enclosed on all sides, except that part used for passing materials
in and out, for the full height of each story by barriers so constructed
that workers cannot thrust heads, arms or legs through them and loose
materials cannot fall or be pushed into the shaftway.
(3)
That part which is used for the passing of materials
shall be equipped with a gate or movable rails not less than three
feet above the floor and not less than two feet from the opening.
(4)
When not in actual use, such gate shall be kept closed
or such movable rail set in place.
C.
Protective flooring required. If the floors of any
structures are to be of fireproof construction, the floor filling
shall be completed as the structure progresses. If the floors consist
of wood beams, the underflooring, when double flooring is used, shall
be laid on each story as the structure progresses. When double floors
are not to be used, the floors two stories below the story where the
work is being performed shall be kept planked over. If the floor beams
are of iron or steel, the entire tier of iron or steel beams on which
the structural iron or steelwork is being erected, except such spaces
as may be reasonably required for the proper construction of such
iron and steelwork and for the raising or lowering of materials to
be used in the construction of such building or such spaces as may
be designated by the approved plans for stairways and shafts, shall
be thoroughly planked over.
D.
Stair and ladder facilities.
(1)
In every building operation, the permanent stairways
shall be installed as soon as conditions permit. When the work on
a building operation has progressed to a height in excess of 40 feet
and it has been practicable to install the permanent stairways, at
least one temporary stairway shall be provided for the full height
and continued upward as rapidly as the work progresses.
(2)
Until either permanent or temporary stairways are
installed, suitable substantial ladders, securely fastened at top
and bottom, shall be provided and maintained to provide the means
of reaching the various levels. Stairways, whether permanent or temporary,
until permanently guarded or enclosed, shall be provided with substantial
railings and toeboards.
E.
Toilet facilities. Until permanent provision is made,
suitable and adequate temporary toilet facilities shall be provided
during the erection, alteration or repair of a structure.
A.
Protection of roofs and skylights. When any structure
is to be carried above the roof of an adjoining structure, proper
means for the protection of the skylights and roof of such adjoining
structure shall be provided, at his own expense. by the person constructing
or causing the construction of such structure, provided that if the
owner, lessee or tenant of the adjoining building should refuse permission
to have the roof and skylights so protected, the responsibility and
expense for the necessary protection shall devolve on the person refusing
this permission.
B.
Protection against weather. Whenever permission has
been given under any of the provisions of this chapter to enter any
adjoining structure, the person who receives such permission or who
is responsible for the work requiring such permission shall provide
adequate protection against the weather for such adjoining structure.
C.
Cellar drainage. During the course of construction
of the foundation walls of any structure, provision shall be made
to prevent the accumulation of water in the excavation or cellar to
the injury of the foundation or injury to adjoining property.
D.
Retaining walls to conform to street regulation. When
the regulation of a lot, in conformity with the street or streets
on which it is situated, shall require the ground on such lot to be
raised and kept higher than the ground of the adjoining lot or lots,
provided that the ground of such adjoining lot or lots is not maintained
at a grade lower than in conformity with the street or streets on
which they are situated, and a retaining wall for supporting the same
shall be necessary, such retaining wall shall be made and maintained
jointly by the owners of the land on each side and shall stand 1/2
upon the land of each owner, but if the owner of the lot or lots having
the lower grade shall bear and discharge the entire cost and expense
of the making, such retaining wall shall be built entirely upon the
lot having the higher grade and shall thereafter be maintained jointly
by the owners of the land on both sides thereof.
E.
Retaining walls to support adjoining earth. Where
an excavation has been made or a fill placed on any lot but, as the
case may be, not below or above the legal grade in conformity with
the street on which that lot fronts and the land adjoining it has
no building or permanent structure thereon, other than frame sheds
or structures of like character, and where a retaining wall shall
be necessary to support the adjoining earth, such retaining wall shall
stand 1/2 upon the lot of each owner and shall be made and maintained
jointly by the owners of the land on each side, provided that if the
owner of the lot having the lower grade shall bear and discharge the
entire cost and expense of the making, such retaining wall shall be
built entirely upon the lot having the higher grade and shall thereafter
be maintained jointly by the owners of the land on both sides thereof.
F.
Surplus retaining wall. Where any owner shall insist
on maintaining his ground either higher or lower than the legal regulation
as hereinafter provided, except in a case herein otherwise specifically
provided for, the surplus retaining wall, which may be necessary to
support such height and provide for such excavation, shall be made
and maintained at the sole expense of such owner.
G.
Removal of retaining walls. Any retaining wall erected
or provided under this section, standing partly on the land of each
owner, may be removed by either owner when the necessity for such
retaining wall no longer exists.
H.
Partition fences. All partition fences, unless erected
under some special agreement, shall be so built that the dividing
line between the properties shall run through the center of such fence
in each case, and they shall be built and maintained at the joint
expense of the owners of the land on each side.
I.
Maintenance of partition fences and retaining walls.
If any person whose duty it may be to jointly make or repair any partition
fence or retaining wall or any part thereof, in pursuance of the provisions
of this article, shall neglect so to do or to join in so doing for
six days after being requested, in writing, by the owner or owners
of the adjoining ground, the owner of such adjoining ground may make
or repair such partition fence or retaining wall or cause the same
to be done and may recover from such person such share of the expense
of making or repairing so much thereof as is necessarily made or repaired
by him, with costs, in any court having jurisdiction.
J.
Disputes. In case of any disputes between parties
as to what part or portion of the expense shall be borne and discharged
by either of them for building or maintaining any partition fence
or wall and in all cases of dispute concerning the sufficiency of
any fence or wall, the controversy shall be determined by the Superintendent
of Buildings.
A.
Storage of materials on sidewalk.
(1)
By special permission of the Superintendent of Buildings,
the space between the curb and the street line may be utilized for
the storage of building materials or the setting up of equipment,
provided that in such case no part of the roadway is so used and that
a temporary fence, as provided in this article, be erected along the
curb and at the ends of the occupied space enclosing such material
and equipment. No materials shall be placed so as to obstruct the
flow of water along the street.
(2)
In whatever manner building materials may be stored
or equipment set up between street lines, a walkway not less than
four feet wide, unobstructed for its full length and adequately lighted
at all times shall be provided. Such walkway, if not otherwise enclosed,
shall have substantial railings not less than three feet high along
the sides. The walkway may be elevated above the street surface, but
not more than four feet, to facilitate the delivery of materials below
the same into the basement or cellar, provided that safe steps or
easy ramps are constructed at each end.
(3)
Nothing in this section shall prohibit the maintenance,
during the building operation, of a driveway for the delivery of material
across the walkway from the street to the building site.
(4)
Removal. Upon completion of the building operation,
all remaining material and equipment shall be removed promptly, and
the street surfaces shall be cleared, cleaned and restored to as good
a condition as before the starting of the building operation.
(5)
Permit and bond. No material shall be stored nor equipment
set up outside of the building line or street line until the permit
for the erection, alteration or repair of the building or structure
has been obtained and a duly executed bond in an amount fixed by the
Superintendent, but not less than $1,000, shall have been filed with
the Superintendent to indemnify, save and keep harmless the Village
from any and all loss, cost, expense or liabilities of any kind whatsoever
which the Village may suffer or be put to or which may be recovered
from it from or by reason of the issuance of such permit or by reason
of any act or thing done or neglected to be done under or by virtue
of the authority given in such permit and the requirements of this
code.
B.
Loading of structures. Loading or causing a structure
or any temporary support or scaffolding or any sidewalk or sidewalk
shed or bridge or any device or equipment to be loaded during construction
or demolition in excess of its safe carrying capacity is forbidden.
