N.Y. Comp. Codes R. & Regs. tit. 19 § 1202.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1202.11 - Condition assessments of parking garages

(a) For the purposes of section 1202.11 of this Part, the following terms shall be deemed to have the meanings shown in section 1203.3(j)(2) of Part 1203 of this Title:

(1) Condition assessment

(2) Deterioration

(3) Parking garage

(4) Professional engineer

(5) Responsible professional engineer

(6) Unsafe condition

(7) Unsafe structure

(b) Parking garages shall be subject to condition assessments in accordance with this subdivision.

(1) Condition assessments general requirements. The owner of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in section 1202.11(b)(2) of this Part, periodic condition assessments as described in section 1202.11(b)(3) of this Part, and such additional condition assessments as may be required under section 1202.11(b)(4) of this Part. Each condition assessment shall be conducted by or under the direct supervision of a responsible professional engineer. A written report of each condition assessment shall be prepared, and provided to the department, in accordance with the requirements of section 1202.11(b)(5) of this Part. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.

(2) Initial condition assessment. Each parking garage shall undergo an initial condition assessment as follows:

(i) New parking garages shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure.

(ii) Existing parking garages that have not had an initial condition assessment performed shall immediately undergo an initial condition assessment.

(3) Periodic condition assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three years.

(4) Additional condition assessments.

(i) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under section 1202.11(b)(3) of this Part, the department shall require the owner of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.

(ii) If the department becomes aware of any new or increased deterioration which, in the judgment of the department, indicates that an additional condition assessment of the entire parking garage, or the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under section 1202.11(b)(3) of this Part, the department shall require the owner of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the department to be appropriate.

(5) Condition assessment reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the department within 60 days of performing any condition assessment, unless an extension is requested in writing and approved by the department. In cases of deterioration or conditions resulting in a recommendation of immediate action, or identification of unsafe conditions, the department shall be notified in writing immediately. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:

(i) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;

(ii) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;

(iii) an evaluation and description of the unsafe conditions;

(iv) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;

(v) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;

(vi) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;

(vii) the responsible professional engineer's recommendation regarding preventative maintenance;

(viii) except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that they reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and

(ix) the responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage's age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment.

(6) The department shall review each condition assessment report and take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the department shall, by order to remedy or such other means of enforcement as the department may deem appropriate, require the owner of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to section 1202.11(b)(5)(ii) and section 1202.11(b)(5)(iii) of this Part. All repairs and remedies shall comply with the applicable provisions of the Uniform Code. Neither this paragraph nor the provisions of this section shall limit or impair the right of the department to take any other enforcement action, including but not limited to placing a do not occupy order or suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.

(7) The department shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the department with a written statement attesting to the fact that they have been so engaged, the department shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. Any expense incurred by the department associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer shall be paid to the department by the owner, or the professional engineer.

(8) This section shall not limit or impair the right or the obligation of the department:

(i) to perform such construction inspections as are authorized by section 1202.4 of this Part;

(ii) to perform such inspections as are authorized by section 1202.8 of this Part;

(iii) to perform such periodic fire safety and property maintenance inspections as are authorized by section 1202.9 of this Part; or

(iv) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the department by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment.

(9) The use of the term responsible professional engineer in this subdivision shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1202.11

Adopted New York State Register December 28, 2022/Volume XLIV, Issue 52 , eff. 12/30/2022