Rule status: Adopted
Effective date: September 28, 2023
Proposed Rule Full Text
Adopted Rule Full Text
Adopted rule summary:
Section 28-301.1.1 of the New York City Administrative Code was added by Local Law 126 of 2021, which went into effect on November 7, 2022, and requires building owners to have an annual parapet observation performed in accordance with DOB’s rules. This rule sets out the requirements for the observation and the resulting report.
Specifically, the rule requires building owners to hire a qualified professional or another person capable of identifying hazards to inspect building parapets and identify any dangerous conditions. Upon finding an unsafe condition, the property owner must immediately install public protection, which must remain in place until the unsafe condition is corrected. The parapet observation requirement applies to all buildings fronting the right-of-way, regardless of height, except for detached 1- or 2-family homes.
Comments are now closed.
Online comments: 6
I am not opposed to the new rule, my comment would be to change the inspection criteria to every five years (similar to LL 11 of 1998) rather than annually for buildings that file an initial report of “safe”. Thank you.
We highly recommend that this filing be limited to a single page and submitted online, ensuring ease and simplicity for all individuals involved. Additionally, please provide a designated space for attaching any necessary photographs.
American Council of Engineering Companies of New York (ACEC New York)
See attachmentComment attachment
To whom it may concern,
Kindly advise if Inspections would cover compliance with Parapets/Guardrails provisions (for Height, Opening Limitations, and Positive Securement) similar to the Report Regulations under the Facade Inspection & Safety Program (FISP).
In addition, should Balconies and/or Terraces on the Public right-of-way be Inspected/Reported as well for compliance and Classification, even though they are not considered the Main Roof Parapet?
Thank you.Comment attachment
JOSE VELEZ - Howard L. Zimmerman Architects & Engineers, D.P.C.
• Propose a 5-year cycle of submitting a report prepared by a registered architect or professional engineer to the DOB with annual interim inspection by a competent person with an inspection checklist devised by the registered architect or professional engineer.
o “Every 5 years a registered design professional or a designated supplemental inspector with relevant experience, under the supervision of a registered design professional, will conduct an inspection of the entire parapet and file a report with the DOB with their findings designating the parapet wall as: SAFE, SWARMP, UNSAFE.
The Registered Design Professional will then design an inspection checklist to be completed on an annual basis by the building. The inspection is to be completed annually by the owner or by a competent person on behalf of the owner each year after submission of the current cycle’s report has been accepted and until the next cycle’s report has been accepted. (Competent person as defined in the rule). The completed checklists must be kept on site and be made available to the DOB and the Registered Design Professional upon request.”
• Clearly define “person capable of identifying hazards”.
• Does the “close-up inspection of the entire parapet” require 100% close up inspection of both the inboard and outboard sides of the parapet? In which case, is scaffolding or other observation platform required for the outboard inspection? At what height is this required?
• How should the DOB be notified of unsafe conditions?
• Should the distinction be to report unsafe conditions rather than potentially unsafe conditions?
o If it is required to report potentially unsafe conditions is the DOB
making the determination as to whether it is or is not unsafe?
• If the report does not need to be submitted to the DOB what is the enforcement plan?
• Is the observer obligated to comment on the code compliance of the parapet?
Mary Ann Rothman
Thank you for the opportunity to ready the testimony of the Council of New York Cooperatives & Condominiums into the record at today’s hearing. Per your request we are attaching this testimony below.
Mary Ann RothmanComment attachment
CNYC Executive Director