Project Requirements:
Sidewalk Cafés Work & Site Requirements


The Department issues licenses to Contractors qualified to perform construction work. Permits for renovation work are only issued to a Licensed General Contractor(GC). The GC must have a place of business in New York City as per AC §28-401.18. All licensees shall include their license number and business information on trucks, business cards and advertisements. See the NYC Administrative Code §28-418.


Renovation Work Permit

Licensed Contractors must register first to use the Department’s online permit processing ePermit system. A permit application must be completed online by the licensed/registered Contractor for the issuance of a renovation permit. Prior to issuing a permit for the approved project, the following are required:

  1. Payment of any unpaid project application fees

  2. Identification of responsible Special Inspection Agencies

  3. Request for waiver of penalties, stop work orders or violations (former L2 Form).

  4. Licensee must have his/her license and insurance active and current


Work Site Safety Requirements

The Administrative Code of the City of New York §28-301.1 requires Owners to maintain their properties in a safe condition. Property Owners, Contractors and Construction Site Managers must minimize the risk of accidents and fire.


Site Safety Regulations

  1. Smoking on construction sites is illegal. NYC BC §3303.7.3 and NYC Fire Code §1404.1.

  2. Tobacco, lighters and matches are prohibited on asbestos abatement sites. Local Law 35/09.

  3. Open fires are illegal on construction sites. NYC Fire Code §1404.3.

  4. Approved portable fire extinguishers must be available on floors where combustible materials or liquids are stored, combustible waste is being generated and at the entrance of each storage and construction shed. NYC Fire Code §1415.1.

  5. Temporary heating equipment used at construction sites. NYC Fire Code §1403.

  6. If you have a Fire Department variance to use a coal-fired heater, you must minimize the fire load on concrete construction projects. NYC BC §3303.6 and NYC Fire Code §307.2.2. To apply for a variance, contact FDNY’s Bureau of Fire Prevention at (718) 999 – 2377.

  7. Store materials away from flames. NYC Fire Code §308.2.

  8. When work involves relocation or modification of sprinkler, standpipes, fire protection systems, etc., the Contractor must notify FDNY and obtain approval if required.  NYC Building Code 3303.7 and BC 3303.8.

  9. All shanties and contractor sheds shall be built from fire-retardant or non-combustible materials and shall be located in safe area.  NYC Building Code §3303.1.3.

  10. Follow Tenant/Occupant Protection Plans. NYC BC 3303.10.


Tenant/Occupant Protection Plan

Construction documents for renovation in an occupied building during construction shall include a Tenant Protection Plan. Such plan shall contain a statement that the building contains dwelling units, offices, or similar, that will be occupied during construction. It shall also include the specific units that are occupied during construction and the means and methods employed to safeguard the safety and health of the occupants with details such as temporary fire-rated assemblies, opening protectives, or dust containment procedures.

The elements of the Tenant Protection Plan shall have detailed and specific provisions for egress, fire safety, structural safety, health requirements, and demonstrate compliance with housing standards and noise restrictions (AC §28-104.8.4). In an occupied building, protective means (barricades, signs, drop cloths, etc.) shall be installed and maintained as necessary to provide protection for the occupants against construction hazards and nuisances. Such protective means shall be indicated on the Tenant Protection Plan (TPP) per NYC BC §3303.10.


Temporary Construction Equipment

Renovation projects such as excavation, demolition and façade repair can require the installation of temporary construction equipment such as sidewalk sheds, fences, scaffolds, material chutes, hoist, etc. This equipment is required to safely move materials associated with the project to protect workers and the public, per AC Section 28-105.8 and BC Chapter 33.  Also refer to Construction Project Guidelines for Temporary Construction Equipment.


Additional Requirements for Registrant


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