Understanding Local Law 126: Parking Structure Inspections

Local Law 126 of 2021 requires owners of buildings with parking structures in New York City to have those structures periodically assessed by a qualified professional and to file the results with the Department of Buildings (DOB). DOB refers to the program as the Periodic Inspection of Parking Structures (PIPS).

How often are inspections required?

When Local Law 126 was enacted, condition assessments were required at least once every six years. Local Law 71 of 2024 amended the law: each parking structure must be assessed at least once by January 1, 2028, and after that date at least once every four years. Assessments are also required after each notification of an unsafe condition.

DOB’s implementing rule, 1 RCNY §103-13, sets staggered two-year filing windows by borough and community district. The version of the rule we reviewed still describes a six-year filing cycle, so confirm your structure’s current filing window with DOB or your inspector before planning.

Who is responsible?

The building owner. Under the law, assessments are conducted on the owner’s behalf by an approved agency, and owners of buildings in which parking structures are located must file a compliance report during each filing cycle.

The rule defines a parking structure as a building, or a portion of a building, used for the parking or storage of motor vehicles, including open or enclosed parking garages as defined in the NYC Building Code. It excludes certain uses, including unenclosed and unattached lots, private garages, garages with occupancy of fewer than three cars, automotive service stations, repair shops and showrooms. If you are unsure whether a structure is covered, the rule allows an owner or inspector to submit a verification request to DOB.

The Qualified Parking Structure Inspector

The condition assessment must be performed by, or under the direct supervision of, a Qualified Parking Structure Inspector (QPSI). According to DOB, a QPSI is a New York State licensed Professional Engineer in good standing with at least three years of relevant experience, approved by DOB’s Parking Structures Unit. The QPSI designs an inspection program specific to the structure, performs a final inspection that includes a walkthrough of each parking level, and signs and seals the compliance report.

What is examined?

The assessment covers the parking structure and its appurtenances, including structural components, waterproofing systems, fireproofing and fire-stopping systems, and wearing surfaces. Under the rule, hands-on physical examination is required on a minimum of 10 percent of each structural element, such as beams, columns and slabs, concentrated at the most deteriorated locations. The report documents conditions such as cracking, spalling, displacement, deteriorated framing members and deteriorated joint material, along with the cause of each deficiency.

Building facades are generally covered separately: the facade does not need to be included in the parking structure report if the building is subject to FISP or if the parking structure occupies less than 50 percent of the building’s square footage.

Filing: Safe, SREM and Unsafe

Each report classifies the structure into one of three conditions:

• Safe. No repair or maintenance is needed to sustain structural integrity.
• SREM (Safe with Repairs and/or Engineering Monitoring). The structure is safe at the time of inspection but needs repairs or maintenance within a stated time frame to keep it from deteriorating into an unsafe condition. A follow-up assessment and amended report are required within two years of the initial assessment, and a SREM condition that is not corrected by the next cycle must be reported as unsafe.
• Unsafe. The condition is hazardous to persons or property. The QPSI must immediately notify DOB and the owner, protective measures such as sheds or cordoning may be required, and unsafe conditions must be corrected within 90 days of the report’s submission, unless DOB grants an extension.

A report must be filed within 60 days of the QPSI’s final inspection. Owners are also responsible for an annual observation between cycles, based on a checklist prepared by the QPSI.

How SAS can help

Saghari Architectural Services supports building owners through each stage of the process:

• Parking structure inspections
• Condition assessment and documentation
• Repair design for conditions identified in the report
• DOB filing
• Construction oversight during repairs

Our team includes a Qualified Parking Structure Inspector.