Why does NYC have so much Scaffolding and How LL 126 Might Just Add More

Why does NYC have so much Scaffolding and How LL 126 Might Just Add More

If you live or have visited New York City in recent years, you have noticed that you can’t walk on any block without being covered in scaffolding. Within the industry this scaffolding is known as a sidewalk shed. These “temporary” structures, that are installed to protect the public from danger above, have become permanent fixtures. They estimate more than 400 miles blocking the light, deterring potential customers, providing shelter for the homeless, and creating an anchor point for the food delivery mafia. Sick of them yet? So are we. But despite all the talk from Mayor Adams and his flashy “Get Sheds Down” initiative, these hulking eyesores aren’t going anywhere anytime soon—thanks in part to Local Law 126 (LL 126), which might make them even more of a nightmare.

Most New Yorkers have heard of the Façade Inspection Safety Program. FISP, formerly known as Local Law 11/98, which mandates that every building taller than six stories are required to undergo periodic inspections and maintenance of its façades. This law was crafted after a series of tragic incidents involving falling debris from buildings, most notably in the late 1970s. While it’s a critical safety measure, it’s also one of the main drivers of scaffolding blanketing the city. FISP regulations and enforcement have ramped up after there were continued deaths related to facade collapses, which means even minor defects are mandated to be addressed and setting up sidewalk sheds to keep pedestrians safe is part of the process. Over time, this regulation has resulted in some building owners dragging their feet, whether it be money issues or scaflows, which has created a landscape of semi-permanent scaffolding fixtures, some have been in place for decades.

 In 2021, the city passed LL 126, which now forces annual inspections of parapets, which are low walls along rooftops of buildings that front public rights-of-way (PROW). 

This context is important when considering Local Law 126, also known as Parapet Inspections, which adds yearly inspections of all buildings with parapets. Just as FISP has fueled the city’s skyline with a sea of scaffolding, LL 126 could do the same. Building owners are now scrambling to untangle the new rules, and inspect to prove that their parapets are plumb and won’t rain bricks. Seems reasonable, right? Since nobody wants to dodge a chunk of building. But here’s the kicker: it takes years for these rules to fully percolate through, which could turn into one continuous tunnel of scaffolding throughout the city within the next 5-10 years.

We have seen an economy already building around this law and several new companies have popped up to provide inspection services.

What does Parapet Inspections (LL 126) Means for Building Owners 

Here’s a list of items that owners need to know  (NYC DOB: Parapet Safety):

1. Close-Up Inspections: Every year, each parapet has to be inspected up-close for cracks, loose bricks, appurtenances, and anything that could give way. Right now the city is leaving access to the inspector, but we believe future iterations of the law will require scaffolding.
2. Documentation & Reporting: Inspectors need to document, with photos, and provide written assessment. There is currently no formal submission required, but owners need to keep the documentation for 6 years in case an inspector pops in and asks for the report  (DOB Parapet Requirements)
3. Unsafe Conditions: When problems that are deemed unsafe popup, the inspector has to notify the Department of Buildings (DOB), 311, and the owners to ensure there are safety measures (likely scaffolding). 

The parapet inspections are noble, which are to keep the public safe, but the actual result might be the opposite of what New Yorkers want. We have seen an economy already building around this law and several new companies have popped up to provide inspection services.

“Get Sheds Down” vs. Reality

In May 2023, Mayor Adams administration launched the “Get Sheds Down” initiative. The contradiction here is tough to ignore: City Hall claims they want to get sheds down, but no one mentioned the new law, which is FISP lite for every building with a parapet.

How many buildings are we talking about? There has not been an official number of buildings, but the city has more that a million buildings, and more than 14,000 are FISP (over six stories), which means LL 126  could encompass north of one-hundred thousand or more.

What’s Next?

Yearly parapet inspections are here to stay, and for good reason, it protects the public from the dangers of crumbling parapets and falling debris. But it comes at a financial cost for maintenance, and likely will be years before the bad actors and uninformed actually repair their buildings. If building owners neglect compliance, or fail to abide by the law, it is likely that this will become a more pernicious law that requires filing and more intensive inspection protocol, which will essentially turn this into a FISP (Façade Inspection Safety Program) for all buildings.

For now, compliance and creative thinking from property owners, engineers, and city officials to balance safety with livable streets. Otherwise, stricter laws will make everyone, even law abiding owners, have to spend more money or repair thereby increasing the amount of scaffolding on the street. 

For further reading on Local Law 126, visit the DOB Parapet Safety Guidelines, and catch up on Adams’ Get Sheds Down initiative for some of the tactics the city is starting to use to get the scaffolding down.

Ryan H contributed to this article.