Local Law 163/2021

YES TO ARTWORK

LL 163 of 2021 was added a new section to 3307.11 regarding artwork on temporary protective structures, i.e.

Sidewalk Sheds, Construction Fences and Supported Scaffolds that are or will be installed for at least 90-Day from September 1, 2023.

Artwork however must meet requirements for installation and be approved by the Department of Cultural Affairs

(DCLA).

Approved art work per DCLA means in accordance with § 2508 of the NYC Charter which requires the Department to implement a Program to approve the submission of works of art for display on temporary protective structures. Such artwork must be consistent with Zoning Resolution and comply with the Rules of the Department which annually disseminates information about the Program to share with members of the Public.

The Commissioner is to post no later than September 1, 2025 (an annually thereafter) information about works of art approve per subdivision a., b., and c. of §3307.11.2.1

§ 3307.11.2.1 "Alternative Art Work" allows a property with a temporary protective structure to solicit a work or works of art for display on the temporary protective structure (in lieu of approved artwork.)

Owner is required to notify the council member and the community board in the district the property is located. Notifications per the above must be made timely and in accordance with the schedule established by the Department. Also, prior to installation, Owner must receive approval from DCLA.

Per LL 163, Owner's can also "Opt-Out" at the time of filing an application for construction documents.

LL 163 also notes that AOR's must submit plans showing area of coverage, materials, and method of installation of the artwork to the temporary protective structure, however, if the temporary structure is approved before the alternative artwork, a PAA must be filed to revise the plans to comply when DCLA approval is received., and prior to installation of the artwork.

Criteria is established in the Rule for method of installation and inspection by a "qualified person" designated by the permit holder to verify that the artwork is in a safe condition and installed per approved plans. Owners must keep inspection records on site.