Local Law 126: Parking Structure Inspections
Under New York City’s Local Law 126, owners of parking structures are required to have close-up inspections within a one-year window every six years. A Qualified Parking Structure Inspector (QPSI) must conduct this critical examination and electronically file a report summarizing the parking structure’s conditions with the New York City Department of Buildings (DOB).
A Qualified Parking Structure Inspector is a Professional Engineer (PE) who has been determined by the Department of Buildings (DOB) to be able to assess the conditions of a parking structure correctly. As of 2022, a design professional must have at least three years’ of relevant experience with parking structures to become a QPSI. Any delegates carrying out the examination under the supervision of the QPSI must have relevant experience and an engineering degree.
SAFE:
SREM
UNSAFE:
Classification Types
When no unsafe conditions or repair conditions are observed, the parking structure is classified as Safe.
Safe with Repair and Engineering Monitoring (SREM): A SREM classification type occurs when a SREM condition is observed. If a condition is safe at the time of inspection but requires repairs or maintenance during the next one to six years in order to prevent its deterioration into an unsafe condition during that six-year period, it is a SREM condition.
If a parking structure is classified as SREM, the next steps would include implementing a monitoring plan and specifying the type of monitoring appropriately. Additionally, structural analysis and finite element modeling are required to ensure the parking structure is stable under the upcoming loading.
An unsafe classification type occurs when an Unsafe condition is observed. An unsafe condition is when any part of the parking structure is hazardous to persons or property and requires repair within one year of completion of condition assessments. In addition, any condition that was reported as SREM in a previous compliance report and that is not corrected at the time of the current inspection must be reported as an unsafe condition.
If the parking structure is classified as unsafe, the next steps would include immediately maintaining public safety, notifying DOB, and outlining repairs that are to take place.
History
Within the past 10 years, multiple partial collapses of parking structures have occurred in both upstate New York and New York City. With fatalities and damaged vehicles, local and state level governments determined the need for engineering programs to assess and report the condition of existing parking structures.
In 2018, New York State amended Parts 1202, 1203, and 1204 of Title 19 of the New York Codes, Rules and Regulations. Such amendments instituted cities, towns, villages, counties, and State agencies that administer the Uniform Code to require the owners of parking structures to have periodic condition assessments of those parking structures performed by qualified professional engineers. Condition assessments are to be performed by a Professional Engineer
Subsequently, in 2021, New York City’s City Council amended the New York City Construction Codes and New York City Administrative Code, Section 28, Article 323, which provides new guidance on Periodic Inspection of Parking Structures. Beginning January 1, 2022, Local Law 126 of 2021 requires owners of parking structures to hire an NYS licensed and registered professional engineer, who is also designated as a QPSI, to inspect the structure at least once every six years. Upon inspection, the QPSI is to file a report with the DOB documenting the results of the inspection. This condition assessment report must be filed with the DOB and as a result, property owners must repair unsafe conditions within 90 days of filing the report.
FAQ
What properties are not affected?
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Townhouse units with private garages
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One- and Two-family homes with attached garages
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Unenclosed, unattached outdoor parking lots
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Automotive repair shops, automotive showrooms, and automotive service stations
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Garages with occupancy of fewer than three cars
What are the DOB fees and fines?
Fees
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Initial Report: $305.00
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Amended/Subsequent reports: $85.00
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Extension requests: $65.00
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Annual observations: No Submission Fee
Fines
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Late filing: $1,000.00 per month
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Failure to file: $5,000.00 per year
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Failure to correct Unsafe conditions: $1,000.00 per month
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Failure to correct SREM conditions: $2,000.00
What are Unsafe conditions?
A condition of a parking structure, any appurtenances thereto, or any part thereof that is hazardous to persons or property and requires repair within one year of completion of condition assessments. In addition, any condition that was reported as SREM in a previous compliance report and that is not corrected at the time of the current inspection must be reported as an unsafe condition
What is the difference between an Amended Report and a Subsequent Report?
An Amended Report is for changing the status of an already filed Unsafe Report to SREM or Safe. A parking structure’s classification cannot remain Unsafe until the next cycle, therefore an Amended Report must be filed after the repairs have been completed. A Subsequent Report changes the status of a SREM report to Safe. A Subsequent Report is not required but may only be filed during the current open cycle and not after the next filing cycle opens. An Amended Report can be filed at any time, regardless of the timeframe.
What are the next steps?
For more information or how to proceed with a LL126 inspection with our QPSI, please visit our office or give us a call to schedule an appointment.
Saghari Architectural Services PC
We are one of the few Architectural/Engineering firms in New York City that can provide the services for Local Law 126. We have an experienced QPSI that can perform your required inspection, specify needed repairs, ensure repairs are communicated with contractors and completed on time, and file the necessary documentation. A checklist will also be generated during inspection which will be required for the annual observations.
