New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter A - The Industrial Code
Part 23 - Protection In Construction, Demolition And Excavation Operations
Subpart 23-1 - General Provisions
Section 23-1.33 - Protection of persons passing by construction, demolition or excavation operations

Universal Citation: 12 NY Comp Codes Rules and Regs § 23-1.33

Current through Register Vol. 47, No. 12, March 26, 2025

[Additional statutory authority: Labor Law, §§ 200, 241, 241-a, 242]

Note: Pursuant to section 241 (8) of the Labor Law, this section does not apply to any city in the State of New York having a population of one million or more persons.

(a) Protection required.

(1) Reasonable and adequate protection and safety shall be provided for all persons passing by areas, buildings or other structures in which construction, demolition or excavation work is being performed. In addition, such protection and safety shall also be provided for persons passing by unattended excavations, such as sump holes, trenches, shafts, wells, pits and similar excavations. Such protection and safety shall be provided in accordance with the provisions of this Part (rule).

(2) Every area, building or other structure where construction, demolition or excavation work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as not to endanger any person passing by on any sidewalk, street, highway or other public or private thoroughfare.

(3) The means, methods, procedures, devices or structures used to provide such protection and safety shall include but not be limited to railings, fences, barricades, sheeting and shoring, sidewalk sheds, temporary walkways and temporary roadways. Such means, methods, procedures, devices or structures shall be selected to provide the required protection and safety in accordance with the particular hazard or hazards involved.

(b) Pedestrian protection.

(1) Existing thoroughfares.

(i) Where pedestrians use an existing public sidewalk or other public thoroughfare which is adjacent to an area, building or other structure where construction, demolition or excavation work is being performed, the side of such existing thoroughfare which is next to or faces toward the work shall be protected or guarded. Such protection shall be at least 36 inches in height above the walking surface and shall be substantially constructed, installed and maintained in accordance with the provisions of this Part (rule).

(ii) Where any such existing thoroughfare is endangered by falling objects or materials, a sidewalk shed or other overhead protection shall be installed and maintained in accordance with the provisions of this Part (rule).

(iii) Where any such existing thoroughfare is endangered from both sides, protection or guarding shall be provided for both sides.

(iv) Where a vehicle crossing interrupts any such thoroughfare, clearly legible signs shall be posted in conspicuous locations warning pedestrians of such crossing. In addition, any vehicle intending to cross such thoroughfare shall come to a complete stop and shall not proceed until:

(a) pedestrians using such thoroughfare have been warned by either a flagman or other designated person, a pedestrian light control or by an audible signal; and

(b) the driver of the vehicle is assured that no pedestrian is in his path.

(2) Temporary walkways.

(i) Where an existing sidewalk or other public thoroughfare is interrupted by the work being performed, a temporary walkway at least four feet in width shall be constructed and maintained in accordance with the provisions of this paragraph.

(ii) Such temporary walkways shall be protected on both sides for their entire length or on one open side if the other side is against a wall or building. If endangered by falling objects or materials, every such walkway shall be provided with overhead protection in accordance with the provisions of this Part (rule).

(iii) The walking surface of every such temporary walkway shall be compacted, free from tripping hazards and so constructed as to permit adequate drainage. If planking is used on the surface of any such walkway, it shall be of uniform thickness, shall be laid parallel to the length of the walkway and shall be fastened together to prevent displacement.

(iv) Any temporary walkway located in a street, highway or other public thoroughfare used by vehicles shall be provided with adequate signs, reflectors, flashing lights or other warning devices which will provide sufficient warning to vehicle operators.

(3) Elevated temporary walkways.

(i) Every temporary walkway elevated to a height of more than four feet above the ground or equivalent surface and which is more than 10 feet in length shall be designed by a professional engineer or registered architect licensed to practice in the State of New York and shall be installed in accordance with such design.

(ii) Every elevated temporary walkway shall be designed and installed to carry a minimum live load of 125 pounds per square foot of surface.

(iii) The surface of every elevated temporary walkway shall be smooth, firm, free from tripping hazards and so constructed as to permit adequate drainage. If planking is used on the surface of any such walkway, it shall be of uniform thickness, shall be laid parallel to the length of the walkway and shall be fastened together to prevent displacement.

(iv) Both sides of every elevated temporary walkway shall be provided with safety railings or equivalent protection in accordance with the provisions of this Part (rule). Where one side of any such walkway is against a wall or building, only the open side shall be required to be so protected.

(v) Every stairway leading to or from an elevated temporary walkway shall be substantially constructed and rigidly braced. The treads shall be constructed of wood planks not less than two inches by 10 inches nominal size while the risers shall be not more than eight inches in height. Every such stairway shall be at least four feet in width and, if more than five feet in width, provided with an intermediate or center stringer. Both sides of every such stairway having more than four risers shall be provided with smooth handrails which are free from splinters and which shall be located at least 30 inches but less than 40 inches in height above the nose of any tread.

(vi) Where ramps are used in lieu of stairways in connection with elevated temporary walkways, such ramps shall be constructed, installed and maintained in accordance with the provisions of this Part (rule).

(1) Whenever any construction, demolition or excavation operation is to be performed adjacent to, over or in a street, highway or other public or private thoroughfare where vehicular traffic is passing, such work area shall be barricaded or otherwise guarded to protect such traffic.

(2) The closing of streets, roads, highways or other public thoroughfare where vehicular traffic is passing shall be in accordance with and the approval of the local authorities having jurisdiction.

(3) Where flagmen are used to control public vehicular traffic at any such work site, such control shall be in accordance with the provisions of this Part (rule).

(4) Where a temporary roadway is designated or constructed, adequate warning signs, flashing lights, flagmen or other means shall be provided to indicate clearly the paths of vehicular travel.

(5) If a temporary roadway is designed for two-way traffic, traffic lanes shall be clearly indicated by barriers, painted markings or other equivalent means.

(6) Where any temporary roadway is adjacent to an excavation, the side of the roadway so adjacent shall be guarded by timber curbs not less than 10 inches by 10 inches in size, full size timber, which are substantially anchored or guarded by barriers of equivalent strength.

(7) Where any temporary roadway is constructed of an earthen embankment and such roadway is intended for use for a period of more than five working days, the surface shall be constructed of suitable gravel, stone or similar material. Such material shall be adequately tamped and the surface shall be free from potholes, soft spots and excessive bumps.

(8) Any structural temporary roadway elevated to a height of four feet or more above the ground or equivalent surface and which is 10 feet or more in length shall be designed by a professional engineer or registered architect licensed to practice in the State of New York and shall be constructed in accordance with such design.

(d) Maintenance.

(1) Existing and temporary walkways shall be maintained free from obstructions, tripping hazards, snow, sleet, ice and accumulations of water, dirt or dust and of any other material or objects.

(2) Temporary roadways shall be maintained free from ice, snow and excessive accumulations of dust and water. The surfaces of such roadways shall be maintained firm, reasonably even and free from bumps and potholes.

Exception:

Such maintenance shall not be required for any temporary roadway which is part of a street, highway or other public thoroughfare.

(e) Illumination.

(1) Temporary walkways and the surfaces beneath sidewalk sheds shall be provided with illumination of at least five foot candles.

Note:

Where normal street lighting provides adequate illumination, additional sources of illumination are not required.

(2) Temporary roadways shall be provided with sufficient illumination or reflectorized delineators so as to clearly indicate the side barriers or guardrails and the path or paths of travel.

(f) Protection from associated hazards.

(1) Where welding or cutting operations are being performed adjacent to any public thoroughfare, such operations shall be shielded from public exposure by an opaque screen.

(2) Where spray painting, sand blasting or steam cleaning operations are being performed adjacent to a public thoroughfare which may be exposed to spray mists or flying particles, such operations shall be shielded from public exposure by canopies, tarpaulins or other substantial coverings.

(3) Where any demolition operation is being performed, public thoroughfares shall be established and maintained well outside the zone of demolition in accordance with the provisions of this Part (rule).

(4) Where any material is stored adjacent to a public thoroughfare, material piles shall be maintained stable and of such size that falling or shifting material will not endanger persons using the thoroughfare.

(5) Temporary service lines such as hose lines, electrical wiring, cables, ropes, piping and similar lines which cross public thoroughfares shall be so located or guarded that they will not constitute tripping hazards for pedestrians nor obstructions for vehicular traffic. Where such service lines are suspended they shall be located at least eight feet above the ground or equivalent surface where pedestrians are passing and at least 18 feet in height above the ground or equivalent roadway surface where vehicles are passing.

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