Garages in NYC May Face Strict Penalties Under New Laws
With the passage of Local Law 126 of 2021 and RCNY §103-13, effective January 1,2022, New York City requires garage owners of certain parking structures to retain a specially designated professional engineer to conduct an assessment and file a report at least once every six years. This is crucial for ensuring the safety of occupants especially in high-rise buildings. The inspections help identify potential hazards and ensure necessary measures are taken to mitigate them.
Under the recently enacted law, only a Qualified Parking Structure Inspector (QPSI) can evaluate the garage and must file the report. While the NYC Parking Structure Inspection cycle filing window are determined by Borough and Community District and are two years long, the first inspection period began on January 1, 2022, and is to end December 31, 2023. Owners of parking structures located within Community Districts 1 through 7 in Manhattan will be required to have parking structures inspected and file the required report with Department of Buildings (“DOB”) during this cycle. For a full listing of when your parking structure requires inspection, please refer to the DOB website. parking-unit(nyc.gov)
The assessment by a certified QPSI is to review previous reports, structural designs, repair drawings, violations, and other records. The QPSI designs an assessment program specific to the parking structure, based on type of construction, age, exposure, and other features, as well as the history of maintenance. In evaluating structural components, waterproofing, fireproofing, and wearing surfaces, the QPSI may need to order additional inspections, probes, or tests to identify the probable causes of observed defects.
Upon identifying an unsafe condition, the QPSI must notify the owner and the DOB and advise as to appropriate protective measures.
1. Documentation of deficiencies. Photos, sketches, or other means are used to identify the location and extent of defects.
2. Annual observation checklist. During the condition assessment, the QPSI creates a checklist with elements to be inspected on an annual basis, customized to that specific garage.
3. Final inspection. In a full walkthrough of each parking level, the QPSI verifies that findings reflect actual conditions.
4. Report filing. Following a prescribed format, the QPSI prepares a Compliance Report with findings and recommendations, classifying the garage as Safe, Unsafe, or “Safe with Repairs and/or Engineering Monitoring” (SREM). The report is filed with the DOB.
The code requires that the report contains a summary of findings and recommendations. The garage is to be classified as Safe, SREM “Safe with Repairs and/or Engineering Monitoring, or Unsafe. The report is to contain the specific information of the building however most importantly a description of any distress, repairs, or modifications is to be contained therewith together with procedures used in assessing conditions as well as the extent and location of physical examinations, contractor contact info, a location diagram, and date of the assessment.
Recommendations for public protection (Unsafe conditions). The maintenance work to date and a maintenance plan together recommendations for repairs with a timeframe by which repairs must be performed.
If the QPSI reports an unsafe condition, the owner must take steps to protect public safety. This might include cordoning off dangerous areas, erecting sidewalk sheds and fences, installing safety netting, and starting repair and reinforcement work. Unsafe conditions must be corrected within 90 days, unless the QPSI determines that it is not possible to do so and indicates a different timeframe in the report. Deviation from this timeframe requires supporting documents and request from DOB for extension of time. Within two weeks after repairs are complete, the QPSI must inspect the garage and file an amended report. Protective measures must remain in place until the report is accepted or the QPSI certifies that conditions were corrected and requests removal.
Owners are required to file a report at least once every six years, Reports must be filed within 60 days of the condition assessment. Aside from filing the report each year, parking garages must undergo an “annual observation,” based on the checklist prepared by the QPSI in the inspection report. The person performing the annual observation is obligated to notify the owner and the DOB of any potentially hazardous conditions. Completed annual observation checklists must be kept on file and made available to the DOB if requested.
Penalties for failing to comply are quite harsh, so it is urged to follow and review the law. There are exceptions and exemptions to this law, for instance a parking structure does not include:
an autobody/automotive repair shop, an automotive showroom, or an automotive service station
a garage with occupancy of fewer than three cars
unenclosed and unattached lots
garages serving one- and two-family homes,
so please read the law carefully if you own or lease a building with a garage.
SDK HEIBERGER TEAM