§ 102-03 Inspections of Potentially Structurally Compromised Buildings.
RCNY § 102-03
(a)Definitions. For the purposes of this section, the following terms have the following meanings. Acceptable report. A report of critical examination filed by a Registered Design Professional that meets the requirements of Article 217 of Title 28 of the Administrative Code and this section, as determined by the Department. Annual report. A yearly report filed for each successive critical examination after the initial report for each compromised building that is subject to the requirements of Article 217 of Title 28 of the Administrative Code. Appurtenance. An exterior wall or roof element including, but not limited to, lighting fixtures, railings, protective screening, signs, coping, fire escapes, exterior fixtures, ladders to rooftops, flagpoles, parapets, window frames (including hardware and lites), balcony and terrace enclosures, including greenhouses and solariums, window guards, window air conditioners, flower boxes, satellite dishes, antennae, cell phone towers, and any equipment attached to or protruding from the structure. Critical examination. A physical examination conducted by a Registered Design Professional to review a potentially structurally compromised building and all parts thereof to determine the building’s structural integrity. Filed report. A report is deemed filed with the Department when it has been received by the Department. The filed report must be completed in accordance with the provisions of paragraph (3) of subdivision (c) of this section. Final report. A report of critical examination filed by a Registered Design Professional who certifies that the conditions reported in the initial and/or annual reports have been repaired and that the structure is no longer structurally compromised. Initial report. A report by a Registered Design Professional, based on their critical examination and sound engineering analysis, that states the structural condition of a potentially structurally compromised building and provides specific recommendations for monitoring, repair, and/or stabilization. Potentially structurally compromised. A building or structure that: (1) has had an open roof for sixty (60) days or longer, (2) has been shored and braced or otherwise temporarily safeguarded pursuant to an emergency declaration issued by the commissioner pursuant to Article 215 of Title 28 of the Administrative Code, or due to concern for structural integrity as determined by a Registered Design Professional, (3) has been subject to a precept as a compromised structure under Article 216 of Title 28 of the Administrative Code, or (4) may have suffered structural damage by fire or by partial collapse of floors, interior or exterior walls or other cause as determined by the Commissioner. Registered Design Professional (“RDP”). A Professional Engineer or a Registered Architect as defined in § 28-101.5 of the Administrative Code and 1 RCNY § 101-07. The RDP must be in good standing with the New York State Education Department and New York City Department of Buildings. Report of critical examination (“Report”). An initial, annual, or final written report filed with the Department by an RDP clearly documenting the conditions noted during the critical examination; areas that need repair, maintenance, or engineering monitoring such as immediate stabilization to protect the public; and any other requirements mandated by this section.
(b)Responsibilities of the RDP.
(1)An RDP must conduct critical examinations and file reports in accordance with this section and Article 217 of Title 28 of the Administrative Code.
(2)An RDP must maintain records of inspections and tests for at least six years and must make such records available to the Department upon request.
(3)An RDP must maintain insurance coverage as set forth in paragraph (7) of subdivision (b) of 1 RCNY § 101-07. Copies of such insurance policies must be made available to the Department upon request.
(c)Critical examinations.
(i)Initial inspections. The owner of a building or structure that has become potentially compromised must have a structural condition inspection of such building or structure. The inspection must be performed by an RDP within sixty days from the date that the building or structure becomes potentially compromised. The RDP must file a report as described in paragraph (3) of this subdivision with the department within thirty days after the date of the inspection.
(ii)Periodic inspections. After the initial inspection and filing of the report, structural condition inspections must be performed by an RDP and reports as described in paragraph (3) of this subdivision must be filed annually, unless otherwise specified by the department. The periodic inspections must continue until a final report is filed with the department by the RDP certifying that the building or structure is no longer potentially structurally compromised and such final report is accepted by the department.
(iii)Critical examination of compromised buildings and appurtenances thereof pursuant to Article 217 of Title 28 of the Administrative Code must be performed by an RDP retained by the owner of the building.
(iv)Before performing a critical examination of a compromised building, the RDP retained by or on behalf of the owner must review all available previous reports, applications for repairs, history of maintenance, historical drawings or references for this building typology, etc. The Department will maintain a file of such reports submitted in accordance with Article 217 of Title 28 of the Administrative Code and provide copies upon payment of fees set forth in the rules of the Department.
(v)The methods used to assess the compromised buildings in question must permit a complete critical examination of all elements, connections of those elements, walls, floor, and roof of the buildings to be able to determine structural stability.
(vi)The RDP must utilize a professional standard of care to assess the condition of the building and surrounding elements, structure or buildings that impact stability and safety.
(vii)The RDP must amend the scope of the critical examination and add additional testing and investigation during the course of the investigation as necessary.
(viii)During the critical examination, photographs must be taken, mapping must be made to document the exact location of all areas of distress or deficiency and identify all areas that require shoring, bracing, repair, maintenance, or monitoring.
(ix)If an inspection reveals an unsafe condition, the RDP must immediately notify the Department and the owner of the property. The RDP must identify the location of any unsafe condition, advise the owner on the appropriate protective measures to be taken, and include the recommended type and location of public protection in the notification to the Department. The owner of the building must immediately commence repairs or reinforcements and any other appropriate measures, such as cordoning off areas that may be dangerous, erecting fences, sidewalk sheds and safety netting, shoring, and bracing as may be required to secure the safety of the public and to make the compromised building structure and appurtenances safe.
(x)Completion of a critical examination means that the RDP has personally conducted a physical examination to determine that the compromised building conditions, as described in the report, are consistent with the actual conditions.
2.The name, contact information (telephone number and email address), and license or registration number of the RDP and the names of all individuals working directly under the RDP’s direct supervision involved in the critical examination.
3.A plot plan of a discernible scale and with a north arrow that shows the entire building, all adjacent structures showing relationship to adjacent properties, including the number of stories and the type of occupancy.
4.The start and completion dates of the critical examination.
5.Dated photo documentation of the RDP performing physical examination. (F) A detailed description and mapping of each structural condition found, including any deterioration, instability, or movement detected. The description must also include a list of all appurtenances and their condition. If unsafe conditions are noted, the report must recommend the type and location of public protection or clearly delineate the extent of areas that have been cordoned off and the methods used. Photographs must be labeled and cross-referenced in the report. The report must include key plans and locator drawings documenting these conditions. (G) A comprehensive analysis of the structural condition of the building or structure as a result of the structural damage, based on probes and calculations. (H) The following information: 1. A list and description of the work permits required to accomplish the necessary work. If no work permits will be required, the reason must be indicated.
6.A comparison of currently observed conditions with conditions observed during the previous report filing cycle examinations, including the status of the repairs or maintenance performed with respect to the prior conditions. The following must be included and discussed. A. Work permit numbers relating to repairs performed. B. Job numbers, status, and sign-off dates for any compromised building related jobs, where applicable. C. Violation numbers of any open Environmental Control Board (“ECB”) violations associated with the building and the status of the repairs of the conditions cited in the ECB violations. D. A detailed description of work performed up to the date of submission of the report and the plan implemented to bring the compromised building to a structurally stable condition. E. Any additional information requested by the Department. (I) All photographs must be color, clearly legible, and high resolution. Digital photos must be a minimum of 800 x 600 pixels. Photographs must be arranged into a PDF no larger than 11” x 17”. The following photos must be submitted: 1. Elevation photos. Color photographs of all elevations and roofs for all reports.
(4)Report filing requirements.
(d)Civil penalties – 1- or 2-family dwellings.
(e)Civil penalties – buildings other than 1- or 2-family dwellings.
(f)Challenge of civil penalty.
(g)Full or partial penalty waivers; eligibility and evidentiary requirements. Owners may request a waiver of penalties assessed for violation of Article 217 of Title 28 of the Administrative Code, or rules enforced by the Department. Requests must be made in writing and must meet eligibility and evidentiary requirements as follows: (1) Owner status.
