As part of our ongoing effort to keep you informed on new legislation that could have an impact on your clients, this week we bring your attention to §§ 103-15 (Periodic observation of building parapets) of Local Law 126 of 2021 which requires annual inspections of all parapets by “a person competent to inspect parapets”.
The new law goes into effect on September 28, 2023, and the requirement for the first round of inspections begins January 1, 2024, in accordance with Section 28-301.1.1 of the Administrative Code of the City of New York. The law defines “a person competent to inspect parapets” by stating “…(T)his includes, but is not limited to, a bricklayer, building superintendent, handyman, mason or a person in a similar construction-related trade, architect, engineer, an inspector working for a New York State-authorized insurance company, a New York State-authorized building inspector or any other person capable of identifying hazards on the parapet.”
In the event that an unsafe or hazardous condition is disclosed by the inspection, the party performing the inspection must immediately notify the New York City Department of Buildings (DOB) and the Owner must provide protection, such as a sidewalk shed, fencing, netting, etc., until such time as the hazardous condition is remediated. All unsafe conditions must be corrected within ninety (90) days of the initial report to DOB. This inspection requirement applies to “all buildings with parapets fronting the public right of way, regardless of height, except for detached 1 or 2 family homes, or buildings with a fence or other barrier preventing access to the exterior wall.” Owners must maintain the inspection reports for at least six (6) years and be able to provide copies to DOB upon request.
Below is a link to some useful information relating to this new legislation:
https://rules.cityofnewyork.us/wp-content/uploads/2023/08/Final-Rule-Requirements-for-Inspection-of-Parapets.pdf
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