ABOUT THE NYC BUILDING CODE
The New York City Building Code is a vital component of the broader NYC Construction Codes, serving as a comprehensive set of regulations governing building construction, alteration, maintenance, and occupancy within the city’s five boroughs. Administered by the New York City Department of Buildings (DOB), the Building Code plays a pivotal role in ensuring the safety, integrity, and functionality of buildings and structures across the urban landscape.
Overall, the NYC Building Code serves as a cornerstone of construction regulation in New York City, guiding architects, engineers, contractors, and building owners in the design, construction, and operation of buildings that contribute to the city’s vibrant and resilient built environment. Compliance with the Building Code is essential for safeguarding public safety, promoting building integrity, and fostering sustainable development practices within one of the world’s most dynamic urban centers.
Seeking Professional Guidance
Given the intricacies of New York City’s Department of Buildings regulations, homeowners and business owners are encouraged to seek professional guidance from consultants, architects, engineers, and legal experts familiar with local construction codes. These professionals can help navigate the regulatory landscape, ensure compliance, and streamline the permitting process.
PENALTY SCHEDULE TABLE (Use Ctrl-F to find a specific term)
Building Code Penalty Schedule Table (Part 4 of 5)
| Section of Law | Classification | Violation Description | Cure | Stipulation | Standard Penalty | Mitigated Penalty | Default Penalty | Aggravated I Penalty | Aggravated I Default Penalty | Aggravated II Penalty | Aggravated II Default Penalty - Max Penalty |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
BC 3304.12
(2014 code) |
Class 1 |
Failure to perform slurry
operations in accordance with
section. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3305.3.1.2.1
(2014 code) |
Class 1 |
Failure to obtain registered
design professional evaluation
prior to using existing structure
to support formwork loads. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3305.3.2 (2014 code) |
Class 1 |
No site-specific formwork
design drawings present per
3301.7. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3305.3.3.2
(2014 code) |
Class 1 |
Failure to perform required
formwork observation. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3306.1 & 271039 |
Class 1 |
Failure to carry out demolition
operations as required by BC
3306.1; 27-1039. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3306.2.1
(2014 code) &
BC 3306.2.2
(2022 code) |
Class 1 |
Failure to provide safety zone
for demolition operations. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3306.3 & 27195 |
Class 1 |
Failure to provide required
notification prior to the
commencement of demolition. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3306.5 |
Class 1 |
Mechanical demolition without
plans on site. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3307.1 |
Class 2 |
Pedestrian protection does not
meet code specifications. |
No |
No |
$2,400 |
No |
$10,000 |
$6,000 |
$10,000 |
$10,000 |
$10,000 |
|
BC 3307.1.1
(2008 code),
BC 3307.4.6
(2014 code), &
BC 3301.9
(2022 code) |
Class 1 |
Prohibited Outdoor Advertising
Company sign on sidewalk
shed or construction fence. |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3307.1.1
(2008 code),
BC 3307.4.6
(2014 code), &
BC 3301.9
(2022 code) |
Class 2 |
Posting of unlawful signs,
information, pictorial
representation, business or
advertising messages on
protective structures. |
No |
No |
$2,500 |
No |
$10,000 |
$6,250 |
$10,000 |
$10,000 |
$10,000 |
|
BC 3307.2 |
Class 1 |
Failure to provide pedestrian
protection for sidewalks and
walkways as required. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
BC 3307.2 |
Class 2 |
Failure to provide pedestrian
protection for sidewalks and
walkways as required by DOT. |
No |
No |
$625 |
No |
$3,125 |
$1,563 |
$6,250 |
$3,125 |
$10,000 |
|
BC 3307.3 (2008
Code) and BC
3307.1 (2014
Code) |
Class 1 |
Failure to provide pedestrian
protection for sidewalks and
walkways. |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3307.3.1
(2008 code), 271021(a) &
BC 3307.6.2
(2014 code) |
Class 1 |
Failure to provide sidewalk
shed where required. |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3307.4 |
Class 1 |
Failure to provide required
warning signs, personnel, or
barriers to protect the public. |
No |
No |
$5,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3307.6.4
(2008 code) &
BC 3307.6.4.11
(2014 code) |
Class 2 |
Sidewalk shed does not meet
color specification. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
BC 3307.7 |
Class 2 |
Job site fence not constructed
or maintained pursuant to
section. |
No |
No |
$1000 |
No |
$5,000 |
$2,500 |
$10,000 |
$5,000 |
$10,000 |
|
BC 3308.5 |
Class 1 |
Failure to institute/maintain
safety equipment measures or
temporary construction – No
vertical safety netting. |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3308.5 |
Class 2 |
Failure to institute/maintain
safety equipment measures or
temporary construction – No
vertical safety netting. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3309.1 |
Class 1 |
Failure to provide protection of
adjoining property during
construction or demolition as
required. |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3309.1 |
Class 2 |
Failure to provide protection of
adjoining property during
construction or demolition as
required. |
No |
No |
$5,000 |
No |
$10,000 |
$10,000 |
$10,000 |
$10,000 |
$10,000 |
|
BC 3309.4 & 271031 |
Class 1 |
Failure to protect adjoining
structures during excavation
operations. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3309.10 |
Class 1 |
Failure to provide protection of
adjoining property during
construction or demolition as
required- No roof protection. |
No |
No |
$5,000 |
No |
$10,000 |
$10,000 |
$10,000 |
$10,000 |
$10,000 |
|
BC 3309.10 |
Class 2 |
Failure to provide protection of
adjoining property during
construction or demolition as
required- No roof protection. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3309.14 |
Class 1 |
Failure to provide protection of
adjoining property during
construction or demolition as
required- No window
protection. |
No |
No |
$5,000 |
No |
$10,000 |
$10,000 |
$10,000 |
$10,000 |
$10,000 |
|
BC 3309.14 |
Class 2 |
Failure to provide protection of
adjoining property during
construction or demolition as
required- No window
protection. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3310.8.2
(2008 code) &
BC 3310.8.2.1
(2014 code) |
Class 1 |
Site Safety
Manager/Coordinator failed to
immediately notify the
Department of conditions as
required. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3310.9.1 |
Class 1 |
No Concrete Safety Manager
present at site as required. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3310.10 |
Class 1 |
Failure to conduct a site specific safety
orientation program for all workers. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3314.1 |
Class 1 |
Failure to maintain pedestrian protection for sidewalks and walkways. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3314.1.1
(2008 code) &
27-1050.1 & BC
3314.4.1.5 (2014
code) |
Class 2 |
Failed to notify Department
prior to installation or removal
of Suspended Scaffold. |
No |
No |
$2,500 |
No |
$10,000 |
$6,250 |
$10,000 |
$10,000 |
$10,000 |
|
BC 3314.2 & 271042 |
Class 1 |
Erected or installed supported
scaffold 40 feet or higher
without a permit. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3314.4.3.1 (2008 code), 271045 &
BC 3314.4.3 (2014 code) |
Class 1 |
Failure to perform safe/proper
inspection of Suspended
Scaffold. |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3314.4.3.1 (2008 code), 271045(b) & BC 3314.4.3.4 (2014 code) |
Class 1 |
No record of daily inspection of
Suspended Scaffold performed
by authorized person at site. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
