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What is NYC RCNY § 103-16?

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(a) Prior to the first required condition assessment of a parking structure required by Article 323 of Chapter 3 of Title 28 of the Administrative Code and 1 RCNY § 103-13, the owner of the building in which a parking structure is located and whose condition assessment report is due as set forth in item (B) or (C) of s

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Effective: 11/23/2023

§ 103-16 Initial Observation of Parking Structures.

RCNY § 103-16

(a)Prior to the first required condition assessment of a parking structure required by Article 323 of Chapter 3 of Title 28 of the Administrative Code and 1 RCNY § 103-13, the owner of the building in which a parking structure is located and whose condition assessment report is due as set forth in item (B) or (C) of subparagraph (v) of paragraph (4) of subdivision (c) of 1 RCNY § 103-13, must have a one-time initial observation of the parking structure performed by or under the direct supervision of a qualified parking structure inspector (“QPSI”), as defined in 1 RCNY § 101-07. The results of such initial observation must be filed with the Department by August 1, 2024 on a form provided by the Department. Exception: Owners whose report is due as set forth in item (B) as previously referenced in this paragraph and who file an acceptable report by August 1, 2024 need not have this initial observation performed.

(b)The QPSI must apply a professional standard of care to assess the parking structure’s condition and the individual building systems that comprise the parking structure including, but not limited to, the building’s structural components, waterproofing systems, fire proofing and fire stopping systems, and wearing surfaces. The QPSI’s observation 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. The QPSI’s observation must also take into account the structure’s history of maintenance and repairs.

(c)The methods used to evaluate the parking structure in question must permit a complete examination of the parking structure.

(d)The QPSI must identify the most deleterious locations and perform examinations at those locations. If the QPSI finds any deficiencies, he/she must ascertain the cause of these and any other possible building defects detected and immediately notify the Department and the owner of the building in which the parking structure is located of any unsafe conditions.

(e)The results of this initial observation must be filed with the Department in a form and manner acceptable to the commissioner. (Added City Record 10/24/2023, eff. 11/23/2023)

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