Ask the Engineer: Why Does the DOB Turn Minor Repairs into Major Ones?

Let’s examine why you are in this situation.

Sidewalk sheds are required when a portion of a façade more than 40 feet above curb level is being altered or repaired, and the horizontal distance from that portion of the building is equal to, or less than, half the height of the structure being altered or repaired.

Contradictory Code

But contradictions abound in the code. Section 3310.3 states that a site-safety plan and site-safety program are necessary when a sidewalk shed is required. A shed is necessary when the job involves a “major building,” i.e., a height of more than 10 stories. Yet the code exempts buildings between 10 and 14 stories from “major building” status for the purposes of site safety during façade repairs.

In practice, that means a sidewalk shed is required for work within 20 feet of a public way, irrespective of height. For a building more than 15 stories in height, site safety and a site safety manager are required when a shed is required. For minor work, however, a permit from DOB is technically not required, so why are you in this situation?

The probable answer: an inspector became overzealous.

Fees in the Thousands

The fee for preparation of the site safety plan ranges from $5,000 to $7,000. The time for the DOB to review and approve the plan could be a month to three months long. The real cost comes from the staffing requirements. For buildings less than 15 stories, a site safety coordinator is all that is required. This, of course, does not apply to you. But because your building is more than 15 stories, a site safety manager is needed, whose rates can be around $125 per hour.

But it gets worse.

The current law requires that the site-safety manager or coordinator be onsite full time. This requirement for full-time presence can be reduced by applying for a reduction in hours by completing and filing a CCD-1 (Construction Code Determination) form. These reductions in full-time site safety supervision are not automatic and are often denied.

Bundle Up

Bundle as much work

as possible so that the

economies of scale

reach a reasonable level.

So the minor repair that you want to perform — which started out costing $10,000 for the actual repair — has ballooned. The shed will cost $7,000 and the preparation of the site safety plan will cost $6,000, plus the one-to-three-month wait for approval. Required additional protection to the neighboring building will cost $10,000. The preparation of an access agreement to place protection on the neighboring building’s roof may cost $5,000 in legal fees, and the cost for the site safety manager or coordinator will be about $800 per day from the start of work until the shed is removed. The date the shed is removed depends on the DOB, who must send out an inspector to verify the work is completed before any of the safety protection is removed.

The entire thing is a mess and must be straightened out. But until that happens, we suggest to our clients to bundle as much work as possible so that the economies of scale reach a more reasonable level. That means that the need for a work permit will become necessary because masonry removal and replacement requires one. Drawings must be prepared by a licensed engineer and submitted to the DOB. Rigging permits will also be required to access the added work, and the sidewalk shed coverage will have to be increased.

Until the site safety rule gets changed, this is the best way to keep your problems small and out in front.

Stephen Varone and Peter Varsalona are principals at Rand Engineering & Architecture.

Photo by Tom Soter

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