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Parking structures shall be maintained in a safe condition. The owner shall be responsible for the proper inspection, repair, and maintenance of the parking structure in accordance with the requirements set forth in this article.
Exceptions: The requirements imposed by this article shall not apply to:
1. Unenclosed, unattached outdoor parking lots.
2. Private garages serving one- and two-family homes as defined in chapter 2 of the New York city building code.
(L.L. 2021/126, 11/7/2021, eff. 1/1/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
As used in this article, the following terms shall have the following meanings:
ANNUAL OBSERVATION CHECKLIST. A document developed by the approved agency during initial condition assessment containing baseline items to be inspected between condition assessments, annually or at more frequent intervals as prescribed by the approved agency, by or on behalf of the parking structure owner.
CONDITION ASSESSMENT. An on-site inspection and evaluation of a parking structure by an approved agency for evidence of deterioration of any structural element or building component of such parking structure, evidence of the existence of any unsafe structural condition in such parking structure, or evidence indicating that such parking structure is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible.
INITIAL CONDITION ASSESSMENT. The first condition assessment conducted by an approved agency of a parking structure as outlined in the rules of the department.
PARKING STRUCTURE. A building or space used for the parking or storage of motor vehicles, other than an automotive service station, automotive repair shop, or private garage as defined in chapter 2 of the New York city building code.
(L.L. 2021/126, 11/7/2021, eff. 1/1/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
A condition assessment of a parking structure shall be conducted at periodic intervals as set forth by rule of the commissioner, provided that such condition assessment of each parking structure shall be conducted at least once by January 1, 2028, and after each notification of an unsafe condition. After January 1, 2028, a condition assessment of each parking structure shall be conducted at least once every 4 years. All condition assessments shall be conducted on behalf of the building owner by an approved agency.
(L.L. 2021/126, 11/7/2021, eff. 1/1/2022; Am. L.L. 2024/071, 6/22/2024, eff. 6/22/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
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