(a) Permit Required.
(1) No excavations shall be made in any street unless a Street Opening Permit is obtained.
(i) For plumbing work requiring a street opening or excavation, a Street Opening Permit will only be issued to a business or businesses set forth on the plate issued to licensed master plumbers pursuant to § 28-401.3 of the Administrative Code.
(A) The licensed master plumber shall be required to provide a valid New York City plate issued by the New York City Department of Buildings indicating the master plumber business or businesses under which the licensed master plumber practices his or her trade, or a valid copy of the same. The licensed master plumber shall also present a copy of any documentation issued by the New York City Department of Environmental Protection regarding the plumbing work that is to be conducted. These items must be submitted to the Department before the Department approves the Street Opening Permit.
(B) The Commissioner may suspend review of applications for permits under this subparagraph, revoke or refuse to renew a permit, or refuse to issue a permit to any applicant, pursuant to the provisions of 34 RCNY § 2-02(j), (k), or (l).
(ii) Notwithstanding the provisions of subparagraph (i) of this paragraph, for any work performed pursuant to a valid contract with a local or state governmental entity requiring a street opening or excavation, a Street Opening Permit will only be issued to the contractor retained by the local or state governmental entity to perform the work requiring the street opening or excavation.
(2) Prior to any excavation or street opening pursuant to a franchise or revocable consent, all permits required by these rules shall be obtained.
(3) Street Construction in Historic Districts. No planned street construction, reconstruction or maintenance operation shall be undertaken in a designated historic district unless preapproved in writing by the Landmarks Preservation Commission. The provisions of subdivision (g) of this section also apply.
(b) Permit requirements.
(1) All permits are subject to applicable provisions contained in 34 RCNY § 2-02.
(2) A Permittee shall obtain a separate permit for each 300 linear feet of a block segment and for each intersection where work is to be performed.
(c) Conditions.
(1) Proper notification.
(i) Permittees and owners of underground facilities must comply with State of New York Industrial Code Rule 753 relating to construction, excavation and demolition operations at or near underground facilities.
(ii) Permittees must take the precautions necessary to protect and prevent damage to pipes, mains, conduits, and other underground facilities at their own expense.
(iii) Mark out requirements. Permittees must delineate the proposed area of excavation but must take measures to limit the geographical area to be marked out and must avoid excessive or oversized markings. Permittees must ascertain, to the extent possible, the precise area of excavation and mark the corresponding area fifteen feet to the right and fifteen feet to the left in accordance with this subparagraph. The proposed area of excavation must be marked with temporary white paint by using a continuous line, dots marking a radius or arc, or dashes outlining the excavation project. Dashes must be 6" to 12" in length and 1" in width. Dots must be 1" in diameter.
The illustration below includes suggested examples of how the proposed area of excavation should be marked by using a continuous line, dots marking a radius or arc, or dashes.
(2) All work shall be done in accordance with the Standard Specifications, Standard Detail Drawings, and the provisions of this 34 RCNY § 2-11.
(3) All debris on the street shall be removed at the expiration of the permit, unless otherwise stipulated.
(d) Application.
(1) Applications shall include:
(i) a description of the work to be performed;
(ii) the reason for the work;
(iii) the street address including the nearest cross streets where the excavation or street opening is to be made;
(iv) a sketch indicating the size and location of the proposed opening(s) which shall include:
(A) the distance in feet from the nearest intersection and from the nearest curbline;
(B) the dimensions of the opening including length and width; and
(C) the existing parking restrictions.
(v) the start and estimated completion dates;
(vi) the type of pavement or surface to be opened;
(vii) whether the proposed work will be on a protected street (if so, the provisions of the subdivision (f) of this section apply);
(viii) the name and address of the compaction testing company or laboratory, as required;
(ix) the name of the contracting City agency, contract number, and OCMC reference number, if applicable; and
(x) whether the proposed work will be within 100 feet on, above or below or in either direction of any portion of a bridge, tunnel, underpass or overpass (if so, approval from the Division of Bridges shall be obtained). For purposes of this section "portion" shall include, but not be limited to, approach slabs, retaining walls, and column supports. The method of excavation and final restoration shall be determined by the Division of Bridges.
(2) No trees within the sidewalk area shall be disturbed or removed without the permission of the Department of Parks and Recreation.
(3) A permittee performing curb to curb restoration on more than fifty (50) percent of a block segment on a non-protected street shall submit a protected street determination form to the Department for approval prior to obtaining any necessary permits. Such form shall be attached to the permit application. This requirement shall not apply to permittees performing work for the Department or for the Department of Design and Construction.
(e) Excavation and Restoration Requirements.
(1) Proper Notice.
(i) Permittees shall notify the Police Department and the Communications Centers of the Fire Department and the Department of Transportation of construction and street operations which require street closing permits at least twenty-four hours in advance of the commencement of non-emergency work.
(ii) All permittees shall comply with the provisions of subdivision (g) of 34 RCNY § 2-02, if applicable.
(2) Breaking Existing Pavement.
(i) Precutting of pavement wearing course and base shall be required for pavement removal.
(ii) Only hand held tools, rockwheels, or other tools approved by the Department may be used for this purpose. This applies to all streets at all times.
(iii) The permittee shall be responsible for keeping the construction area as clean and neat as possible during the life of the permit.
(iv) No material shall restrict water flow in gutters.
(v) All possible arrangements for the safety of the general public shall be maintained.
(vi) The wearing course on non-protected streets must be cut and restored in accordance with Standard Detail Drawing #H-1042.
(3) Excavation.
(i) Sheeting and Bracing. The sides of every open excavation five feet or more in depth shall be securely held by adequate timber, sheeting and bracing where the earth is not sloped to the angle of repose of the material, and where unsafe conditions are created due to composition of the soil, climatic conditions, depth of excavation or construction operations.
(ii) Tunneling or Jacking. No person shall make any installation or repair between two or more street openings by means of tunneling or jacking, without a permit. Tunneling or jacking may be permitted for the installation or replacement of a lateral connection provided the opening does not exceed eight inches in diameter. Full trenching shall be required for all waste line repair/connections.
(4) Traffic Maintenance.
(i) No more than one lane of traffic may be obstructed, except as provided by OCMC stipulations, or as otherwise authorized by the Commissioner.
(ii) All unattended street openings or excavations in a driving lane, including intersections, shall be plated, except as otherwise directed by the Commissioner. The Commissioner may require all street openings and excavations at any location to be plated when no work is in progress. In the case of gas or steam leaks, barricades pursuant to 34 RCNY § 2-02(h) shall be used until the leak is corrected.
(iii) Barricades, signs, lights and other approved safety devices shall be displayed pursuant to 34 RCNY § 2-02(h).
(iv) The permit may restrict street operations and construction within critical areas to nights, weekends, or off-traffic hours. (Hours other than weekdays 7 a.m. - 6 p.m. will require a noise variance granted by OCMC.)
(v) Flagpeople. Unless otherwise directed by the Commissioner, permittees whose work results in the closing of a moving traffic lane and requires traffic to be temporarily diverted to a travel lane in the opposite direction, shall, at all times while actively working at the site, post a flagperson or flagpersons or utilize an authorized plan for the maintenance and protection of traffic at the point where traffic is diverted to assist motorists, bicyclists, and pedestrians to proceed around the obstructed lane.
(5) Temporary Closing of Sidewalks. A minimum of five feet sidewalk width of unobstructed pedestrian passageway shall be maintained at all times. Where openings and excavations do not allow for five feet of unobstructed pedestrian passageway, a temporary sidewalk closing permit is required.
(6) Work Site Maintenance.
(ii) All obstructions on the street shall be protected by barricades, fencing, or railing, with flags, lights, or signs placed pursuant to 34 RCNY § 2-02(h) at proper intervals and during the hours prescribed. During twilight hours the flags shall be replaced with amber lights.
(7) Storage of Materials.
(i) A street opening permit includes permission to store construction materials in a designated area adjacent to the permitted worksite only during permitted hours. Storing materials after permitted hours shall require a separate permit.
(ii) No separate permit shall be required for the storage of equipment, excluding cranes, in a designated area in compliance with any applicable stipulations on the permit.
(iii) The designated storage area(s) are subject to review and approval by OCMC.
(8) Backfill and Compaction.
(i) Upon completion of repairs in a street, permittees shall backfill street openings and excavations in a manner in accordance with the Standard Specifications and Standard Detail Drawings. All materials used for backfill shall be free from bricks, blocks, excavated pavement materials and/or organic material or other debris. Notwithstanding the above, asphalt millings may be used as a backfill material.
(ii) Backfill material shall be deposited in horizontal layers not exceeding twelve inches in thickness prior to compaction. A minimum of ninety-five percent of Standard Proctor Maximum Density will be required after compaction.
(iii) When placing fill or backfill around pipes, layers shall be deposited to progressively bury the pipe to equal depths on both sides. Backfill immediately adjacent to pipes and conduits shall not contain particles larger than three inches in diameter.
(iv) Compaction shall be attained by the use of impact rammers, plate or small drum vibrators, or pneumatic button head compaction equipment. Hand tamping shall not be permitted except in the immediate area of the underground facility, where it shall be lightly hand tamped with as many strokes as required to achieve maximum density. The definition of the "immediate area" shall be a maximum of eighteen inches from the facility.
(v) Where sheeting has been used for the excavation it shall be pulled when the excavation has been filled or backfilled to the maximum unsupported depth allowed by the New York State Department of Labor, Industrial Code Rule 23 and Title 29, Code of Federal Regulations, Part 1926, Safety and Health Regulations for Construction. Where a difference exists between regulations, the more stringent requirements shall apply.
(vi) As a measure of maximum density achieved for restoration, the pavement surface shall not sink more than two inches from the surrounding existing surface during the life of the restoration. More than two inches of settlement shall be deemed a failure of the compaction of the backfill and cause the removal of said backfill to the subsurface facility and new fill installed and properly compacted.
(vii) The permittee shall be required to supply a tester certified by a professional engineer, or certified by other methods as authorized by the Commissioner, on all street openings to perform compaction tests. The permittee shall also be required to maintain copies of all in-process compaction reports certified by a Professional Engineer as to the compliance with the aforementioned backfill requirements set forth within this section. The certified compaction report shall be maintained for every street opening and shall be available upon request by the Commissioner for the duration of the guarantee period.
(9) Temporary Asphaltic Pavement.
(i) Immediately upon completion of the compaction of the backfill of any street opening, the permittee shall install a temporary pavement of an acceptable asphalt paving mixture not less than four inches in thickness after compaction, flush with the adjacent surfaces.
(ii) The permittee has the option of installing full depth pavement using an acceptable asphalt paving mixture immediately upon completion of the compaction of the backfill, excluding reconstructed protected streets and full-depth concrete roadways.
(iii) Upon the expiration of the permit, all equipment, construction materials and debris shall be removed from the site, unless otherwise stipulated.
(iv) When final restoration is to be done, the materials are to be removed with hand tools to a depth necessary to accomplish the final restoration.
(10) Plating and Decking.
(i) All plating and decking installed by the permittee shall be made safe for vehicles and/or pedestrians and shall be adequate to carry the load. Composite plates may be used provided that they comply with the AASHTO H25 or HS25 specifications.
(ii) The size of the plate or decking must extend a minimum of 12 inches beyond the edge of the trench, be firmly placed to prevent rocking, and be sufficiently ramped, covering all edges of the steel plates to provide smooth riding and safe condition.
(iii) All plating and decking shall be fastened by splicing, spiking, pinning, countersinking or otherwise protected to prevent movement. When the plates are removed all pins and spikes must be removed and the holes must be filled with a fine asphalt concrete mix.
(iv) Where deflection is more than 3/4", heavier sections of plates or decking or intermediate supports shall be installed.
(v) All permittees who install plating and decking during the winter moratorium, as determined by the Department, shall post signs at the site indicating "Steel Plates Ahead" or "Raise Plow" and countersink said plates flush to the level of the roadway. All signs shall comply with all applicable requirements pursuant to 34 RCNY § 2-02(h). These signs shall be placed on the sidewalk, adjacent to the curb, facing vehicle traffic five feet prior to the plates. On two-way streets, signs shall be placed on both sides of the street five feet prior to the plates.
(vi) All plating and decking shall have a skid-resistant surface equal to or greater than the adjacent existing street or roadway surface. The whole surface area of all plating and decking must be skid-resistant.
(vii) All plating and decking, including the ramping material, and all construction signs and supports must be removed from the roadway and/or sidewalk after completion of the final restoration and prior to the expiration of the permit.
(viii) All plating and decking must identify the name of the owner of such plating or decking. Identification must be made by welding or stamping the name of the owner onto the plating or decking. In addition to the name of the owner, the name of the permittee must be welded, stamped or painted onto plating or decking not owned by the permittee.
(11) Base.
(i) Concrete and asphalt base material and base restorations shall conform to the Standard Specifications and Standard Detail Drawings.
(ii) Concrete base shall be properly plated except where other stipulations have been granted in writing by OCMC.
(iii) Concrete for base shall be plated in a driving lane and intersections or barricaded pursuant to 34 RCNY § 2-02(h) in a parking lane for a minimum of three days to permit proper cure of concrete, unless otherwise specified by the Department.
(iv) Hot asphalt binder materials may not be used in place of concrete. All concrete-base roadways must be restored with concrete of the same depth and at least the same strength as the original base concrete.
(v) The concrete base shall be restored at the same grade as the existing base; at no time may it be brought up to the asphalt course unless authorization has been granted by the Commissioner.
(vi) At no time will asphalt other than binder be permitted as a base course, unless otherwise authorized by the Commissioner. Binder shall be installed and compacted in a maximum of four (4") inch lifts.
(vii) Conduit or pipes shall be installed at a minimum depth of 18 inches from the surface of the roadway, or below the base, whichever is greater. Where conduits and pipes cannot be installed at the required minimum depth, protective plating shall be installed over the facilities.
(viii) All hot asphalt binder based restorations or any form of temporary restoration must be flush with the surrounding pavement until the wearing course is installed. Binder based restorations must be removed to a depth of two (2") inches prior to installing the wearing course.
(12) Wearing Course.
(i) Wearing course material shall conform to the Standard Specifications and Standard Detail Drawings.
(ii) The finished grade of the wearing course shall be flush with surrounding pavement on all sides of the cut. The final wearing course shall conform to the Standard Specifications and Standard Detail Drawings. In the event a permanent restoration pavement installed settles more than two inches (2 in) below the surrounding existing surface during the life of the guarantee period, this shall be deemed a failure of the backfill compaction, in which case the permittee shall remove all of the failed backfill, down to the subsurface facility, and install new, properly compacted backfill.
(iii) The minimum thickness of the wearing course on full depth asphalt restoration shall be two inches (2").
(iv) When more than one roadway opening is made against a single permit and the openings are less than ten feet apart before the required cutbacks, the existing wearing course between such openings shall be restored integrally with the opening wearing course restoration, in accordance with the applicable Standard Detail Drawing # H-1042.
(v) When a street opening is twelve inches or less from the curb, the entire pavement between the opening and the curb shall be excavated and replaced in kind, in accordance with the applicable Standard Detail Drawing # H-1042. The pavement base shall be inspected and repaired where necessary and a new wearing course shall be installed from the curb to the street opening. The areas described above shall be included in the permittee's guarantee.
(vi) Whenever any street is excavated, the permittee shall restore such street in kind as to material type, color, finish or distinctive design.
(vii) Pavements shall be restored in kind in designated historic districts and on streets constructed with cobblestones or other distinctive pavements, or as directed by the Commissioner.
(viii) The wearing course shall be properly sealed completely at the edges of the cut with liquid asphaltic cement ironed in with a heated smoothing iron or by means of infrared treatment to prevent water seepage into the pavement. The sealant applied to the wearing course must be properly maintained throughout the life of the guarantee period.
(ix) Permittees shall be required to obtain a permit for any changes to, or installation of temporary roadway pavement markings and temporary construction, parking or regulatory signs and supports, including, but not limited to, crosswalks and lane lines. Unless otherwise directed by the Commissioner, all roadway pavement markings, including but not limited to, crosswalks and lane lines, and any parking or regulatory signs or supports shall be replaced in kind in accordance with the Standard Specifications. All construction signs and supports and pavement markings shall be removed prior to the expiration of the permit.
(x) Final (permanent) restorations shall be completed prior to the expiration of the permit. During winter months, temporary asphalt and pavement markings shall be placed at the expiration of the permit and maintained until such time as the final restoration may be completed.
(xi) All trenches must have a minimum opening width of eighteen inches (18"). The trench must be restored in accordance with Standard Detail Drawing # H-1042.
(xii) Any permittee performing work on a street pursuant to paragraph (3) of subdivision (d) of this section shall notify the Department within twenty-four (24) hours of the completion of the work on the same protected street determination form as submitted with the permit application pursuant to such paragraph (3) of subdivision (d) of this section.
(xiii) The final completed wearing course surface must be smooth and without any defects including, but not limited to, pitting, cracking, rutting and raveling throughout its guarantee period.
(13) Concrete Pavements.
(i) When street openings are made in concrete pavements, the pavements shall be saw cut full depth for the entire perimeter of the street opening.
(ii) The concrete restoration shall have the same depth, strength and finish as the original pavement.
(iii) The restoration area shall be plated and maintained until enough strength has developed to sustain traffic without deleterious effect to the roadway.
(iv) Reinforcing shall be replaced in kind and spliced in compliance with the Standard Specifications and Standard Detail Drawing #H-1042.
(v) Asphalt restorations will not be permitted in concrete streets or concrete bus stop areas.
(vi) All restorations shall conform to the applicable Standard Detail Drawing #H-1042 or to a standard as determined by the Department.
(14) Color Coding.
(i) At each excavation, the permittee shall either paint temporary circles or install permanent colored markers as required in this paragraph, for the purpose of easily identifying the permittee's openings and restorations.
(ii) If the work is not complete, upon leaving the site the permittee shall paint three inch (3") circles adjacent to the cut, in the area closest to the curb line, in accordance with the placement and color requirements as specified below.
(iii) Upon completion of the restoration, the permittee shall install colored markers as specified below, unless another method is approved by the Department. Permittees shall be required to maintain these markers throughout the guarantee period.
(iv) Placement of Coding and Markers.
(A) Permanent markers shall be imbedded at zero grade tolerance, or slightly below, in the new asphalt or concrete without the use of nails and shall be of one piece construction.
(B) For cuts or trenches ten feet (10') or less, one temporary painted circle or permanent colored marker shall be placed in the linear center of the cut.
(C) For cuts or trenches up to fifty feet (50'), one temporary painted circle or permanent colored marker shall be placed at each end of the excavation.
(D) For cuts or trenches over fifty feet (50'), temporary painted circles or permanent colored markers shall be placed every twenty-five (25) linear feet maximum and one shall be placed at each end of the excavation.
(v) Such markers shall be in the shape of a circle measuring between one and one-half inches (1 1/2") and three-inches (3") in diameter, color-coded as specified below, and shall include only the permittee's five-digit identification number and the two-digit year, unless other information is approved by the Department. The two-digit year shall be placed in the center of the marker, and the five-digit identification number shall be placed above the two-digit year.
(vi) Such markers shall also be UV-stable and designed not to fade significantly.
(vii) Color codes shall be assigned through Quality Control Procedure Q.P. 3 for permittees other than those listed below. Final pavement markers may be used as an alternative to color codes provided such use is approved by the Department.
(A) Verizon - Cherry red marker
(B) Empire City Subway - Chrome yellow marker
(C) Consolidated Edison Co. - Light blue marker
(D) Keyspan - White marker
(E) Plumbers (water or sewer) - Green marker
(F) Signals and Street Lights - Orange marker
(G) Long Island Power Authority - Yellow marker
(H) Metropolitan Transit Authority - Purple marker
(I) Buckeye Pipe Line - Chrome yellow marker
(J) Fire Department - Purple marker
(K) Cable T.V. - Regal blue marker
(15) Quality Control Program Requirement for Roadways.
(i) All permittees engaged in street openings, shall complete the work so as to provide smooth riding surfaces throughout the guarantee period on their respective restorations.
(ii) A documented quality history of restoration shall be maintained by the responsible permittee. This information should show that inspections are made at some optimum intervals to assure conformance to the guarantee.
(iii) Quality Control Program information shall be made available to the Bureau upon request.
(iv) The use of experimental methods or materials may be authorized under selective conditions, upon application to the Bureau for approval prior to use on the City streets.
(v) Any permittee may file a proposed Quality Control Program with the Commissioner for approval. The Commissioner may waive any of the foregoing requirements as part of an approved program of Quality Control. Any waiver so granted shall remain in effect as long as the approved program is implemented in a manner satisfactory to the Commissioner or until the Commissioner's approval is rescinded.
(16) Other Requirements.
(i) Street Opening Location Form ("Cutforms")
(A) Permittees shall maintain a street opening location form ("cutform") at their office and shall provide this form to the department upon request. Such cutform shall include the following information:
1. a sketch showing the exact dimensions and location of the restored area, and a description of the opening or trench defined by distance in feet from the nearest intersection and from the nearest curbline;
2. the street opening permit number;
3. the date of completion of the final restoration;
4. the name of the final pavement restoration contractor; and
5. a compaction report certified by a New York State licensed professional engineer.
(B) Failure to submit a cutform upon request may jeopardize future permit requests and may subject permittees to summonses.
(ii) Guarantee period. Permittees shall be responsible for permanent restoration and maintenance of street openings and excavations for a period of three years on unprotected streets, and up to five years on protected streets commencing on the restoration completion date. This period shall be the guarantee period.
(iii) Permittees shall comply with all applicable sections of these rules, the Standard Specifications, the Standard Detail Drawings, and all other applicable laws or rules.
(f) Excavations and Street Openings in Protected Streets. No street opening activity shall be allowed, except for emergency work or as authorized by the Commissioner, in a protected street for a period of five years from the completion of the street improvement. In addition to this subdivision (f), all provisions of 34 RCNY § 2-11 shall apply to protected streets.
(1) Permit Issuance. No permit to use or open any street, except for emergency work, shall be issued to any person within a five year period after the completion of the construction of a capital project relating to such street requiring resurfacing or reconstruction unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction. Notwithstanding the foregoing provision, the Commissioner may issue a permit to open a street within such five year period upon a finding of necessity therefor.
(2) Conditions.
(i) Permittees shall be responsible for contacting the Department of Design and Construction to determine whether a street is scheduled to be rebuilt under a street reconstruction project. Notwithstanding the foregoing provision, a permittee performing emergency work need not contact such Department.
(ii) A permittee who has obtained a street opening permit on a protected street must also obtain a confirmation number for each such permit, prior to the expiration of the permit. The permittee must request and obtain such confirmation number through the Department's website (www.nyc.gov/dot) or other Department-approved method. A permittee commencing restoration work on a protected street must also request and obtain such confirmation number subject to the additional requirements contained in 34 RCNY § 2-11(f)(4)(i).
(3) Application.
(i) Permittees shall include on the application the justification for any street opening activities on protected streets.
(ii) The permittee shall attach the "Protected Street Opening Permit Application Attachment" to the Street Opening permit application prior to obtaining the permit.
(4) Restorations.
(i) No backfill of any opening or excavation on a protected street shall be performed unless the permittee who has obtained a street opening permit also obtains a confirmation number notifying the Department of such restoration work. The permittee must obtain such confirmation number at least two hours prior to the scheduled start time for the backfill except as otherwise authorized by the Commissioner. The permittee must request and obtain such confirmation number pursuant to § 34 RCNY § 2-11(f)(2)(ii). In no case shall the permittee commence the backfill prior to the scheduled start time. In addition, during the backfill and compaction phase of the work, the permittee must provide, on site, a certified compaction technician from an approved laboratory to test that the compaction of the backfill is in accordance with the Department's rules and Standard Specifications. No base or wearing course of any opening or excavation on a protected street shall be performed unless the permittee obtains a separate and additional confirmation number pursuant to 34 RCNY § 2-11(f)(2)(ii) or submits its daily paving schedule to the Department via e-mail or other Department-approved method prior to commencing work. The daily paving schedule must conform to the Department's requirements and must include but not be limited to the permittee name, location of the work (on, to and from street), permit number(s), and proposed start time.
(ii) The Department may inspect any phase of the work, including but not limited to, initial excavation, backfill and compaction, base installation, performance of required cut backs, and final restoration.
(iii) A certification issued by a New York State licensed professional engineer shall be provided to the Department within thirty days of completion of work on protected streets. The certification shall state that the type of work performed was as described in the permit application, and that all phases of the restoration were performed in accordance with Department rules, Standard Specifications and Standard Detail Drawings. Upon demand by the Department or as directed by the Commissioner, the permittee shall furnish copies of in-process compaction reports certified by a Professional Engineer as to the compliance with the backfill requirements set forth within this section. All records must be kept by the permittee and made available to the Department for the duration of the guarantee period.
(iv) Permittees shall be responsible for the proper repair of the street opening or excavation for a period of three years from the date of completion or for the duration of the protected street guarantee period, whichever is longer.
(v) All restorations shall conform to applicable Standard Detail Drawing #H-1042 or to a standard as determined by the Department.
(vi) Where street openings cannot be confined to within 8 feet of the curb line, including the required cut back, and/or within the sidewalk area, and where protected street status has been in effect for 18 months or less, the permittee shall restore the street opening or excavation pursuant to the Department's protected street restoration requirements, unless otherwise directed by the Commissioner.
(vii) The permanent restoration shall be flushed with the surrounding pavement on all sides of the restoration. In the event a permanent restoration pavement installed in violation of the provisions of subparagraph (i) of this paragraph (4) settles more than two inches (2") below the surrounding existing surface during the life of the guarantee period, this shall be deemed a failure of the backfill compaction, in which case, the permittee shall remove all of the failed backfill, down to the subsurface facility, and install new, properly compacted backfill.
(g) Emergency Street Openings and Excavations.
(1) Permit Requirements.
(i) No person shall perform emergency work without obtaining an emergency number from the Department. Permittees shall fax the Emergency Street Opening Permit request form to the Department's Emergency Authorization Unit to obtain an emergency permit number, unless otherwise directed by the Commissioner.
(ii) An emergency permit number may be requested only for emergency work performed on existing services. An emergency permit number shall not be obtained for work to be performed pursuant to a CAR.
(2) Conditions.
(i) A permittee shall begin emergency work within two hours after obtaining an emergency permit number.
(ii) A permittee shall perform emergency work on an around-the-clock basis until the emergency is eliminated, unless otherwise directed by the Commissioner. Once the emergency is eliminated on a critical roadway listed in subdivision (c) of 34 RCNY § 2-07, the permittee shall suspend work, restore the full width of the roadway and resume work, if necessary, during the nonrestricted hours indicated in that subdivision. Such resumption of work shall only be undertaken within the 48-hour duration of the emergency permit number. A permittee working with an emergency number on a roadway other than a critical roadway may suspend or resume work at any time within the 48-hour period covered by the emergency number.
(iii) No more than one lane of traffic may be obstructed, however, if an emergency street opening is larger than 8 feet by 10 feet, permittee may occupy up to a maximum of 12 feet on one side of the opening and a maximum of 6 feet on the other side.
(iv) All unattended street openings or excavations in a driving lane, including intersections, shall be plated, except as otherwise directed by the Commissioner. The Commissioner may require all street openings and excavations at any location to be plated when no work is in progress. In the case of gas or steam leaks, barricades shall be used pursuant to 34 RCNY § 2-02(h) until the leak is corrected.
(v) Barricades, signs, lights and other approved safety devices shall be displayed pursuant to 34 RCNY § 2-02(h).
(vi) A minimum of five feet sidewalk width of unobstructed pedestrian passageway shall be maintained at all times. Where openings and excavations do not allow for five feet of unobstructed pedestrian passageway, pedestrians shall be directed by signs to the opposite sidewalk.
(vii) No private vehicles shall be kept within the work area.
(viii) A permittee shall submit an application for a regular permit, and for Landmarks Preservation Commission permits if applicable, within two business days of receiving an emergency permit number.
(ix) Restorations shall be made with in-kind materials.
(x) Emergency work in the African Burial Ground and Commons Historic District areas, requires the permittee excavate with utmost caution and the permittee shall not remove any excavation or debris from the site prior to Landmarks Preservation Commission's review of the excavation.
(xi) If any emergency street opening results in a width of less than 11 feet in each direction for vehicular traffic, this shall be deemed a full roadway closure. In such case, the Police Department, the Communication Centers of the Fire Department and the Department of Transportation shall be notified simultaneously with the closing.
(xii) Emergency permit numbers shall be kept on site and shall be presented upon the request of any police officer or other City employee authorized by the Commissioner to enforce these rules. Any additional information regarding the emergency work that is requested at the site by a Department inspector shall be provided by the permittee and/or the persons performing such work.
(xiii) Flagpeople. Unless otherwise directed by the Commissioner, permittees whose work results in the closing of a moving traffic lane and requires traffic to be temporarily diverted to a travel lane in the opposite direction, shall, at all times while actively working at the site, post a flagperson or flagpersons or utilize an authorized plan for the maintenance and protection of traffic at the point where traffic is diverted to assist motorists, bicyclists, and pedestrians to proceed around the obstructed lane.
(xiv) All permittees shall comply with the provisions of subdivision (g) of 34 RCNY § 2-02, if applicable.
(3) Application. When applying for an emergency permit number by fax, a permittee shall submit all information required by the Department. This information includes, but is not limited to, the following:
(i) Name of permittee
(ii) Permittee ID #
(iii) Location of emergency (including borough)
(iv) Type of emergency (including interruption of service)
(Amended City Record 11/20/2015, eff. 12/20/2015; amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 3/6/2019, eff. 4/5/2019; amended City Record 7/20/2022, eff. 8/19/2022)