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
Codes and Standards | Feb 3, 2021
Two new International Code Council online code tools released
Offer detailed information about global building code usage and U.S. adoptions.
Codes and Standards | Feb 2, 2021
Biden tells OSHA to bolster COVID-19 safety rules
Order could lead to a national playbook for fighting COVID-19 on jobsites.
Codes and Standards | Feb 1, 2021
Fenestration Alliance updates standard for mulled combination assemblies
Last updated in 2010, document describes procedures and requirements for air leakage, water resistance, and structural performance.
Codes and Standards | Jan 28, 2021
Natl. Fire Protection Assn. releases new energy storage system fact sheet
Comes as Biden Administration prepares ambitious clean energy agenda.
Codes and Standards | Jan 27, 2021
AECOM sues insurance carrier for payment of COVID-19 property damage claims
Claims ‘all-risk policies’ should have included millions of dollars of losses due to virus.
Codes and Standards | Jan 26, 2021
Updated guide to repair and rehabilitate existing concrete structures published
Document assesses how to adhere to code requirements.
Codes and Standards | Jan 25, 2021
New guide for skylight selection, daylighting design released
Free Fenestration and Glazing Industry Alliance document now available.
Codes and Standards | Jan 21, 2021
California considers statewide ban on natural gas heat, hot water in new homes
Code update would take effect in 2023.
Codes and Standards | Jan 20, 2021
Steel industry, labor urge Biden to retain steel tariffs
‘Essential to ensuring the viability of the domestic steel industry.’
Codes and Standards | Jan 19, 2021
2021 Solar Investment Tax Credit will remain at 26%
Incentive was scheduled to be reduced to 22%.