§ 103-13 Periodic Inspection of Parking Structures.
RCNY § 103-13
(a)Definitions. For the purposes of this section, the following terms have the following meanings. Acceptable report. A compliance report filed by a qualified parking structure inspector, as defined in section 101-07 of the rules of the Department, that meets the requirements of Article 323 of Title 28 of the Administrative Code and this rule as determined by the Department. Amended report. A compliance report filed by a qualified parking structure inspector (1) certifying that the unsafe conditions identified in the most recent report have been repaired and that no unsafe conditions exist at the parking structure or (2) certifying, within two years of the most recent safe with repair and/or engineering monitoring (SREM) filing, to the current status of the building based on a condition assessment. Appurtenance. An element including, but not limited to, rolldown gates, attendant booths, lighting fixtures, gates, staircases, fire protection, column protection, signs, parapets, railings, guard rails, enclosures, antennae, bollards, vehicle barriers, vehicle impact protection, electric vehicle charging stations, and any other equipment attached to the parking structure. Appurtenance does not include mechanical devices for vehicles moving from and to street levels or within the structure such as parking machines, lifts, mechanical stackers, automated parking systems, and elevators in which public occupancy is prohibited. Compliance Report. A report prepared by a qualified parking structure inspector summarizing the condition assessment of the subject parking structure and attesting to its accompanying classification. Condition assessment. An examination conducted to review a parking structure and all parts thereof, as defined in Article 323 of Title 28 of the Administrative Code, to determine whether the parking structure and all parts thereof are either safe, unsafe, or safe with repairs and/or engineering monitoring and whether, in the judgment of a qualified parking structure inspector, remedial work is required. Engineer. An engineer as defined in § 28-101.5 of the Administrative Code. The engineer must be in good standing with the New York State Education Department and New York City Department of Buildings. Filed report. A compliance report shall be 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. Filing window. The two-year period during which a compliance report for a particular parking structure may be filed without penalty. Parking structure. A building or portion of a building used for the parking or storage of motor vehicles and an open or enclosed parking garage as defined in the New York City Building Code. A parking structure does not include an autobody repair shop, an automotive showroom, a garage with occupancy of fewer than three cars, unenclosed and unattached lots, an automotive service station, an automotive repair shop, or a private garage as such term is defined in the Building Code. Partial Protection Removal Request. A request submitted by the QPSI to remove public protection from only a section of a building that is classified as “unsafe” and has a large footprint, when work to correct the unsafe conditions on that section is complete. Physical Examination. Hands-on engineering inspection of parking structure systems and elements applying various methods of examination other than visual, including, but not limited to, sounding, probing or testing. Qualified Parking Structure Inspector (hereinafter "QPSI"). A qualified parking structure inspector as defined in section 101-07 of the rules of the Department. Report filing cycle. The six-year time interval established by the Commissioner for the filing of each successive compliance report for every parking structure subject to the requirements of Article 323 of Title 28 of the Administrative Code. Safe condition. A condition of a parking structure, any appurtenances thereto or any part thereof not requiring repair or maintenance to sustain the structural integrity of the parking structure and that is to remain safe during the next six years. Safe with repairs and/or engineering monitoring (hereinafter "SREM"). A condition of a parking structure, any appurtenances thereto or any part thereof that is safe at the time of inspection but requires repairs or maintenance during the next one to six years in order to prevent its deterioration into an unsafe condition during that six-year period. Staggered filing cycle. The separate time intervals for filing compliance reports as determined by borough beginning January 1, 2022 and continuing thereafter for each subsequent report filing cycle. Subsequent report. A compliance report that is filed by a QPSI after an acceptable report in order to change the status of the parking structure for that report filing cycle to reflect changed conditions or the recommended time frame for repairs of SREM or unsafe conditions. Unsafe condition. A condition of a parking structure, any appurtenances thereto, or any part thereof that is hazardous to persons or property and requires repair within one year of completion of condition assessments. In addition, any condition that was reported as SREM in a previous compliance report and that is not corrected at the time of the current inspection must be reported as an unsafe condition. Verification Request. A request submitted by the QPSI or building owner in order to verify that a parking structure is subject to periodic inspection under this rule.
(b)Responsibilities of qualified parking structure inspectors.
(1)A QPSI must conduct condition assessments and file compliance reports in accordance with this section and Article 323 of Title 28 of the Administrative Code.
(2)A QPSI must maintain records of inspections and tests for at least six years and must make such records available to the Department upon request.
(3)A QPSI 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)Condition Assessments.
(i)Before any parking structure is inspected, the QPSI retained by or on behalf of the owner of the building in which the parking structure is located must carefully review the most recent compliance report and any available previous reports, all annual observation checklists, as defined in § 28-323.2 of the Administrative Code, for the prior cycle, any available structural design or repair drawings, violations, and FISP reports where applicable.
(ii)A condition assessment of a parking structure and appurtenances thereof pursuant to § 28-323.3 of the Administrative Code must be performed by or under the direct supervision of a QPSI retained by the owner of the building in which the parking structure is located or his or her representative.
(iii)The QPSI must design a condition assessment program for the specific structure to be inspected, which must include, but not be limited to, inspection methods to be employed in the assessment. The program must be based on the considerations of the type of construction of the parking structure, age of the material components, the parking structure's specific exposure to environmental conditions and the presence of specific details and appurtenances. Consideration must be given to the structure's history of maintenance and repairs. Professional Engineers, individuals with a bachelor's degree in engineering and three years of relevant experience, or individuals with five years of relevant building experience, working under the QPSI's direct supervision, may be delegated to perform selected inspection tasks other than the final inspection.
(iv)The methods used to evaluate the parking structure in question must permit a complete physical examination of the structure, including, but not limited to, sounding, load tests, optical survey, non-invasive scanning, and cores. The QPSI must identify the most deleterious locations and perform physical examinations at those locations. Physical examinations as described in this rule must be performed on a minimum of 10% of each structural element including, but not limited to, beams, columns, and slabs.
(v)The known history of the parking structure, the nature of the materials used, and the conditions observed will dictate the extent of the condition assessment. The QPSI must apply a professional standard of care to assess the structure's condition and the individual building systems that comprise the structure including, but not limited to, the building's structural components, waterproofing systems, fire proofing and fire stopping systems, and wearing surfaces. When the QPSI finds any deficiencies, he/she must ascertain the cause of these and any other possible building defects detected. The QPSI must order any special or additional inspections, probes, and/or tests, including sounding procedures, that may be required to support the condition assessment and to determine the causes of any defects.
(vi)The QPSI must develop a unique annual observation checklist, as defined in § 28-323.2 of the Administrative Code, during each condition assessment.
(vii)Photographs must be taken, sketches made and/or any other methods of documentation utilized to properly document the location of all conditions observed during the course of the condition assessment, that are either unsafe or SREM.
(viii)Upon discovery of any unsafe condition, the QPSI must immediately notify the Department and the owner of the building in which the parking structure is located. The QPSI 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.
(ix)Completion of a condition assessment means that the QPSI has conducted a final inspection to determine that the parking structure conditions as described in the compliance report are consistent with the actual conditions. Such final inspection must, at a minimum, include an actual visual assessment and a complete walkthrough of each level dedicated to parking with inspectorial equipment. A drive-by inspection is not acceptable.
2.If a parking structure is categorized as unsafe: A. The QPSI must provide a recommended time frame for repairs to be performed to bring the parking structure to SREM or safe status, and must indicate the date by which the work will be completed (MM/DD/YYYY); B. Time frames of more than six years will not be accepted. (O) 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; (P) All photographs must be color, clearly legible, dated, and high resolution. Digital photos must be a minimum of 800 x 600 pixels. Photographs must be arranged into PDF uploads of no larger than 11" x 17". The following photos must be submitted: 1. Elevation photos. Color photographs of all entrances, the primary address and at least one view of each entire street front elevation.
3.Detailed condition photos. Color photographs of specific conditions must be clearly labeled and indicate the status designation. Detailed conditions must be located on the mapping of the parking structure required by item H of this subparagraph (iii). A. All SREM and unsafe conditions must be catalogued. B. If parking structure status is safe, submit a minimum of one representative photograph for each structural element and appurtenance. (Q) The classification of the parking structure for the current report filing cycle, as determined by the following guidelines: 1. If there are no unsafe conditions and no conditions that are SREM, then the parking structure shall be classified as safe; 2. If there is at least one unsafe condition, then the parking structure must be classified as unsafe.
(4)Report filing requirements.
(x)Failure to submit a revised report addressing the Department's objections within one year of the initial filing requires a new condition assessment, including a new physical examination.
(xi)A subsequent report indicating revised conditions may be filed within the six-year report filing cycle to change a parking structure's filing status or the recommended time frame for repairs of SREM or unsafe conditions for that cycle.
(5)Unsafe conditions.
(6)Conditions that are safe with repairs and/or engineering monitoring (SREM).
(d)Annual observation. A building owner is responsible to have an annual observation performed in accordance with the provisions of § 28-323.4 of the Administrative Code. Such annual observation must be based on the checklist included in the most recent compliance report accepted by the Department and as described in § 28-323.2 of the Administrative Code.
(e)Civil Penalties.
(f)Full or partial penalty waivers; eligibility and evidentiary requirements. Owners may request a full or partial waiver of penalties assessed for violation of Article 323 of Title 28 of the Administrative Code, and/or rules enforced by the Department. Requests must be made through the Department’s website, submitted with the filing fee, and must meet eligibility and evidentiary requirements as follows: (1) Owner status.
