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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.
The initial condition assessment for a new parking structure shall be conducted in the second year following the completion of a parking structure or as otherwise prescribed by rule as evidenced by the issuance date of a temporary or final certificate of occupancy. Existing parking structures shall have an initial condition assessment performed by an approved agency as required herein and by rule. During the initial condition assessment, the approved agency shall develop and provide to the parking structure owner or owner's authorized agent an annual observation checklist containing minimum requirements and elements to be inspected as part of the required annual observation.
(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.
Condition assessments shall be conducted at intervals specified in the rules of the department. Condition assessments shall include a complete review of the most recently prepared condition assessment report, owner's annual inspection checklists since the last condition assessment, inspection of structural elements, and a structural assessment conducted in accordance with rules promulgated by the commissioner.
(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.
An annual observation shall be performed by the parking structure owner or owner's authorized agent at intervals specified in the annual observation checklist, but not less than once a year after the owner receives the most recent condition assessment report. The observation shall include, at a minimum, observation of the items included on the annual observation checklist provided or verified by the approved agency during the most recent condition assessment. Copies of all annual observation checklists completed since the last condition assessment shall be maintained at the parking structure.
(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 report shall be issued by the approved agency following each condition assessment in accordance with sections 28-323.5.1 and 28-323.5.2.
(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.
The report shall indicate the results of the condition assessment as safe, safe with repair and/or engineering monitoring, or unsafe, as prescribed by the rules of the department. It shall include a record of all potentially unsafe conditions of the structure and the condition of structural framing members, any visible reinforcement, connections, and conditions of slabs and slab joints. The report must also contain the annual observation checklist to be used for subsequent annual parking structure observations. Such report must be signed and sealed by a professional engineer, who must file the report.
(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.
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