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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.
Except as otherwise provided in section 28-323.7, the approved agency shall submit a written report to the commissioner within 60 days of completing the condition assessment, but not more than six years from the submission of the preceding report of condition assessment, certifying the results of the assessment as described in section 28-323.5.1.
(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.
Every owner of a parking structure subject to condition assessments shall pay to the department a report filing fee for each report of condition assessment in the amount set forth in the rules of the department.
(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 department must be notified of an unsafe condition immediately. A compliance report shall be filed after each unsafe notification.
1. Whenever a representative of an approved agency learns of an unsafe condition through a condition assessment of a parking structure, such representative shall notify the owner and the department immediately.
2. Whenever an owner or an owner's authorized agent observes an unsafe condition during annual observations, or at any other time in between assessments, the owner shall notify the department immediately and undertake repairs in accordance with section 28-323.8.
(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.
Upon the notification to the department of an unsafe condition, the owner or the owner's authorized agent shall immediately secure public safety by removing the unsafe condition or safeguarding the area. The owner shall then engage an approved agency to conduct a condition assessment and file a compliance report.
1. The owner shall commence repairs, reinforcements or other measures to make the structural elements of the parking structure conform to the provisions of this code.
2. All unsafe conditions shall be corrected within 90 days of filing of the condition assessment report.
3. The approved agency shall reinspect the premises and file an amended report within two weeks after the repairs have been completed certifying that the unsafe conditions of the building have been corrected.
4. The commissioner may grant an extension of time of up to 90 days to complete the repairs required to correct an unsafe condition upon receipt and review of an initial extension application submitted by the approved agency together with such additional documentation as may be prescribed by rule.
5. The commissioner may grant further extensions of time to complete the repairs required to remove an unsafe condition upon receipt and review of an application for a further extension submitted by the approved agency together with such further documentation as may be prescribed by rule.
(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 parking structure or any part thereof that may pose a potential danger to persons or property, but does not require immediate action shall be rated safe with repair and/or engineering monitoring. This condition requires further investigation and timely remedial action to prevent its deterioration into an unsafe condition. A registered design professional shall be responsible for appropriately monitoring the structure until the repair is completed.
(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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