Retaining Wall Inspections, Penalties and Waivers
Proposed Rules: Closed to Comments
STATEMENT OF BASIS AND PURPOSE
This rule is proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and section 28-305.4 of the New York City Administrative Code.
Section 28-305.4 requires regular inspections of retaining walls that are 10 feet or higher, and that face a public right-of-way, such as a sidewalk or entrance. The section allows the Commissioner to 1) establish staggered assessment cycles for retaining walls, and 2) to promulgate rules specifying what constitutes a condition assessment, which is an examination conducted by a qualified retaining wall inspector to review the parts of the wall and its safety and maintenance conditions.
This proposed rule will enhance public safety by identifying conditions before they become hazards. The rule will:
· Add filing fees for required retaining wall inspection reports;
· Set out who can perform a condition assessment;
· Specify which elements of the wall must be assessed;
· Set out what type of information must be in the report;
· Create staggered reporting cycles by borough;
· Set out the actions to take where there is an unsafe condition or a safe condition that needs repair; and
· Create civil penalties for failure to file an acceptable condition assessment report.