In November 2021, New York City enacted Local Law 126 of 2021, which is well-known in the building industry for establishing new requirements for periodic parking garage inspections. At the same time, the legislation added a section to the NYC Administrative Code mandating periodic observation of building parapets.
To allow owners time to prepare, the City set the start date for the new parapet observations for January 1, 2024.
What is required?
All buildings in New York City with parapets facing a street, sidewalk, or other public right-of-way must undergo a professional parapet observation every year.
Unlike the Facade Inspection Safety Program (FISP), which excludes buildings under six stories, the parapet rule applies to all buildings, regardless of height, with the exception of detached single- or two-family homes. While FISP inspections are conducted on a five-year cycle, and parking garage inspections are required at least every six years, the newly mandated parapet observation must be done annually.
The good news: owners do not need to file the observation report with the Department of Buildings (DOB). Whereas facade and garage inspection reports follow prescriptive formats and must be electronically submitted, parapet reports need only be kept on file by the building owner. Archives of at least six years of parapet reports must be made available should the DOB request them.
What happens if there is a hazardous condition?
Immediately upon observing an unsafe condition, the professional performing the observation is required to notify the DOB. The building owner must promptly install public protection, such as sidewalk sheds, fences, and/or safety netting, which must remain in place until the problem is remedied. Unsafe conditions must be corrected within 90 days.
What is included in the observation report?
In contrast to the FISP and parking garage laws, the new parapet rule is not prescriptive as to report sections and format. However, the report does need to include:
- Basic building information, including address and owner contact details;
- Name and contact details for the professional performing the observation;
- Date of the observation;
- Location plan and construction information for the parapets, including material, height, and thickness;
- Description of general conditions;
- Unsafe conditions and actions taken to remedy them;
- Repairs since the previous report; and
- Dated photos documenting conditions.
Rather than filing the report with the DOB, the owner retains parapet observation reports for at least six years and must be prepared to furnish them to the DOB upon request.
What steps should owners take now?
With the requirements set to begin on the first of the year, owners have just a few months to plan. If a mandated FISP inspection is scheduled for 2024, adding a separate parapet observation report to that program may be a cost-effective strategy. Similarly, parapet observation can be incorporated into other planned exterior work, such as roof rehabilitation or facade cleaning.
A design professional can offer guidance on the simplest and most budget-conscious way to meet the new annual parapet requirements as part of existing maintenance and repair programs.
Resources
RCNY §103-15: Periodic Observation of Building Parapets
Local Law 126 of 2021 – see §28-301.1.1, p. 168
“Design Guide for Parapets: Safety, Continuity, and the Building Code,” Hoffmann Architects + Engineers JOURNAL
Hoffmann Architects + Engineers specializes in the rehabilitation of building exteriors.
Our design professionals have worked with hundreds of New York City building owners to meet inspection and repair requirements since the first facade law in 1980. We provide up-to-date guidance to help owners comply with the code and safely maintain their properties. Reach us at 212-789-9915 or hoffarch.com/contact.
Related Stories
| Oct 18, 2012
Chicago pushing green roofs to reduce heat island effect
The city of Chicago has mandated that all new buildings that require any public funds must be LEED certified, usually with a green roof.
| Oct 11, 2012
OSHA launches pilot program for alternative dispute resolution on whistleblower complaints
The Occupational Safety and Health Administration (OSHA) is launching an alternative dispute resolution (ADR) pilot program for complaints filed with OSHA's Whistleblower Protection Program.
| Oct 11, 2012
Bill promotes investment in commercial, multifamily retrofits
The Commercial Building Modernization Act recently introduced in the Senate would extend and streamline a current tax deduction to encourage commercial and multifamily residential building owners to perform comprehensive energy-efficient retrofits.
| Oct 11, 2012
Morristown, N.Y., settles code violation dispute with Amish
The town of Morristown, N.Y., has dropped charges of building code violations against local Amish communities to settle a First Amendment complaint.
| Oct 11, 2012
Mesquite, Nev., rebels against state-mandated energy code
The city council of Mesquite, Nev., voted against adopting a new energy efficiency code adopted by the state.
| Oct 11, 2012
Bloomingdale, N.J., restricts ground solar and wind energy installations
The borough of Bloomingdale, N.J., recently adopted regulations for solar-energy and wind energy systems.
| Oct 3, 2012
Bill introduced to extend home energy efficiency tax credit
A bill to extend the expired residential energy efficiency tax credit for installing qualified furnaces, boilers, central air conditioners, and heat pumps was recently filed in the U.S. House of Representatives.
| Oct 3, 2012
OSHA publishes more detailed information on variances
The Occupational Safety and Health Administration (OSHA) enhanced its variances Web page to improve public understanding of the variance approval process and increase access to the agency's decisions regarding variance requests.