Current through Register Vol. 46, No. 39, September 25, 2024
Each offering plan submitted pursuant to this Part must
include a comprehensive narrative description of the building(s) and property
included in the project. For newly constructed buildings, the condition of all
items is presumed to be new and need not be stated; if the condition is other
than new, so state. For existing buildings, emphasis should be on present
condition of premises including deficiencies probably unknown to commercial
occupants, rather than the description of material make-up visually obvious.
The inspection of the property upon which the description is based must have
taken place within 180 days prior to submission of the offering plan to the
Department of Law. The Department of Law may in its discretion require a
further inspection and report. For existing buildings, the condition of all
systems and materials must be fully described. Such report(s) shall disclose
all defective conditions apparent upon inspection, and shall note any defective
condition which is hazardous or which requires immediate repair to prevent
further deterioration. Identify and describe all applicable items in the order
listed below. Where an item is not specifically identifiable it may be
generally described, e.g.,"two rows of deciduous trees" rather
than "12 poplar and 12 maple trees in two lines". Where an item is not
identifiable at all, a reason must be presented substantiating its
unavailability.
(a)
Location and
use of property.
State whether this property and proposed use will comply
with all zoning and use requirements at closing. Include in discussion:
(1) address;
(2) block and lot number;
(3) zoning; and
(4) permissible use.
(b)
Status of construction.
State:
(1) year
built;
(2) class of
construction;
(3) certificate of
occupancy, type and number;
(4)
alteration permit numbers and description of work done.
(c)
Site.
Discuss:
(1)
size;
(2) number of buildings and
use;
(3) streets owned or
maintained by the project:
(i) paving
(material and condition);
(ii)
curbing (material and condition);
(iii) catch basins, drainage (location and
condition);
(iv) street lighting
(material, type, location and condition);
(v) state whether these items are in
conformity with local fire district, town or municipal building
codes.
(4) drives,
sidewalks and ramps;
(i) paving (material and
condition);
(ii) curbing (material
and condition);
(iii) catch basins,
drainage (location and condition);
(iv) street lighting (material, type,
location and condition);
(v) state
whether these items are in conformity with local fire district, town or
municipal building codes.
(d)
Utilities.
Identify source or provider of each utility. Specifically
identify which are public utilities or regulated companies and which are solely
the obligation of the board of managers of the condominium. Indicate whether
water, sewer (or septic tank), gas, electric and telephone are metered
individually, collectively or by any other method of billing.
(e)
Sub-soil conditions.
Describe (including water conditions):
(1) whether uneven foundation movement or
settling has occurred (cracking, mortar joint decay, etc.);
(2) whether there is any evidence of moisture
or seepage or ground water infiltration and, if so, whether corrective action
is needed;
(3) whether there is any
danger from flooding, either due to water table in area or overflow from other
bodies of water. Note potential for mudslides or erosion and what preventative
action is appropriate.
(f)
Landscaping and enclosures.
Describe:
(1) grass
cover (type, location);
(2)
plantings (type, location);
(3)
trees (location);
(4) fencing
(type, location);
(5) gates (type,
location);
(6) garden walls (type,
location);
(7) retaining walls
(type, location);
(8) display pools
and fountains (location, materials).
(g)
Building size.
Specify:
(1) total
height (approximate total feet from ground level to highest part of
roof);
(2) crawl spaces (floor to
ceiling, height);
(3) number of
sub-cellars and cellars;
(4) number
of floors (actual including penthouses);
(5) equipment rooms (location and
use);
(6) parapet (height above
roof).
(h)
Structural system.
Describe materials used, include type of foundation(s) and
method of installation. Specify:
(1)
Exterior of buildings:
(i) Walls: List
materials, type of construction, method of construction. For New York City
buildings, if Local Law 10 applies, include the entire report of the
inspection. If Local Law 10 is applicable, so state. If such inspection is
required, but not performed, specify as a violation. If insulated, describe
material, type, size and insulating value where available.
(ii) Windows: Specify type and materials in
all parts of the building including sills, screens, window guards, lintels,
storm sash, hardware, single or double glazing and caulking. Indicate whether
lot line windows exist and describe any potential future problems.
(iii) Landmark status: State whether building
has landmark status and discuss consequences.
(2) Parapets and copings:
State type of materials, how firmly secured in place and
whether there is any indication of problems e.g., leakage,
spalling, deterioration of mortar, cracking, etc.
(3) Chimneys and caps:
Indicate number, location and material of each chimney for
boilers, incinerators, compactors and fireplaces. If fireplaces are not usable
for wood fires, this fact must be conspicuously disclosed.
(4) Balconies and terraces.
Describe:
(i) deck
finish (material);
(ii) balustrade
(type, material);
(iii) railings
(material);
(iv) copings
(material);
(v) soffits
(material);
(vi) doors to balconies
and terraces (type, material).
(5) Exterior entrances.
Describe:
(i)
exterior doors and frames (material, type, lock);
(ii) vestibule doors and frames (material,
type, lock);
(iii) exterior stairs
(material, location);
(iv) railings
(material, location);
(v) mail
boxes (type, location);
(vi)
lighting (type, location).
(6) Service entrances.
Describe:
(i) doors
and frames (material, type, lock);
(ii) gates (material, type, lock);
(iii) exterior stairs (material,
location);
(iv) railings
(materials, location).
(7) Roof and roof structures.
Describe:
(i) type
roofs for all areas:
(a) material;
(b) insulation (size, type and insulating
value if available);
(c) surface
finish;
(d) bond or
guarantee;
(e) flashing materials
including counter flashing.
(ii) drains:
(a) location, material and type;
(b) gutters and leaders (type,
material).
(iii)
Skylights (location, type, material).
(iv) bulkheads:
(a) stairs (material);
(b) elevator (material);
(c) other.
(v) metal work at roof levels:
(a) exterior, metal stairs
(material);
(b) vertical ladders,
including gooseneck (material);
(c)
railings (material);
(d) hatches to
roof (type, material);
(e)
other.
(vi) rooftop
facilities.
(8) Fire
escapes.
Describe at each floor and specify any unusual access
situations:
(i) location (describe how
attached and supported);
(ii)
floors covered;
(iii) drop
ladder;
(iv) type;
(v) materials.
(9) Yard and courts.
Describe each yard or court including front, rear and
interior areas, listing methods of access:
(i) paving (material);
(ii) drainage (type and material);
(iii) railings (material);
(iv) stairs (material);
(v) fencing (type and material);
(vi) walls (type and material).
(10) Interior stairs.
Describe:
(i)
number of stairs of each type;
(ii)
enclosure (construction and interior finishes);
(iii) stair construction (steel, concrete,
wood);
(iv) stringers
(material);
(v) treads
(material);
(vi) risers
(material);
(vii) guard rails
(material);
(viii) balustrade
(material).
(11) Interior
doors and frames.
Describe material, type and location for each, and state
whether fireproof or exceeds fire/safety standards:
(i) unit entrance and interior doors and
frames;
(ii) corridor doors and
frames;
(iii) stair hall doors and
frames;
(iv) roof doors, basement
doors and frames.
(12)
Elevators.
Describe:
(i)
number of passenger and service elevators;
(ii) manufacturer, age of each and capacity
(in pounds and number of passengers);
(iii) type of operation for each elevator by
elevator number or location in building (for large numbers of elevators
describe by class-passenger/ freight);
(iv) automatic (type of controls);
(v) floors served;
(vi) type (hydraulic; gearless);
(vii) doors (sliding, swinging, manual,
automatic);
(viii) location of
machine rooms;
(ix) DC motor
(manufacturer);
(x) AC
motor-generator set (manufacturer);
(xi) other.
(13) Elevator cabs.
Describe:
(i) kind
(manufacturer);
(ii) floor
(material);
(iii) walls
(material);
(iv) ceiling
(material);
(v) lighting;
(vi) alarm, safety system.
(i)
Auxiliary facilities:
(1)
Laundry rooms.
Describe:
(i)
location and number of rooms;
(ii)
clothes washers, number and type (e.g. heavy duty, coin
operated, electric, gas);
(iii)
clothes dryers (number and type);
(iv) room ventilation (method and final
exhaust);
(v) dryer ventilation
(method and final exhaust).
(2) Refuse disposal.
Describe, including:
(i) incinerator(s) (number, location,
capacity, type, manufacturer);
(ii)
compactor(s) (number, location, capacity, type, manufacturer);
(iii) approvals by authority having
jurisdiction (date of each approval);
(iv) initial storage location (ultimate
storage location);
(v) pick-up
schedule, and whether public or private provider.
(j)
Plumbing and
drainage.
(1) Water supply.
Describe system, pumps, storage and location.
(2) Fire protection system.
Describe:
(i)
standpipes (material, size, location);
(ii) hose racks, hoses and nozzles
(location);
(iii) sprinkler heads
(type system, location);
(iv)
siamese connection (type, location).
(3) Water storage tank(s) and enclosures.
Describe:
(i)
number, type, location of each;
(ii) material (interior, exterior and roof of
tank);
(iii) access to tank
(e.g. vertical gooseneck ladder);
(iv) capacity (total gallons);
(v) capacity (fire reserve).
(4) Water pressure and
how maintained.
(5) Sanitary sewage
system.
Describe, including:
(i) sewage piping (materials);
(ii) sewage pumps (if any);
(iii) sewage disposal (public/private;
treatment; drainfield; sewer).
(6) Permit(s) required. List and include
date(s) obtained.
(7) Storm
drainage system. Describe system, adequacy, method of disposal and materials
including:
(i) catch basins
(location);
(ii) yard and roof
drains (location);
(iii) piping
(materials);
(iv) eject or sump
pumps (describe in detail and describe conditions requiring pumps).
(k)
Heating.
Describe (including space heating and domestic hot water
heating):
(1) Heating and distribution
of domestic hot water and whether capable of providing peak required services.
Describe heating system's ability to maintain legally required conditions under
anticipated weather conditions, specifying internal temperature and ambient
temperature used in calculations;
(2) Number of boilers and
description;
(3) Manufacturer and
age of boiler(s) (model, R20.7(k) capacity; alternatively, give type,
approximate age and approximate remaining useful life);
(4) Manufacturer and age of burners (model;
alternatively, give type and approximate remaining useful life);
(5) Type of controls;
(6) Radiators, piping, insulation, valves,
pumps;
(7) Fuel (if oil give type
and grade; if gas give type and supply system);
(8) Location of oil tank, materials,
enclosure;
(9) Capacity of oil
tank.
(l)
Gas
supply (if not described above).
Describe:
(1)
type;
(2) meters;
(3) piping.
(m)
Air conditioning.
Describe cooling system's adequacy to maintain comfortable
conditions under anticipated weather conditions, specifying internal
temperature and base ambient temperature used in calculations. Describe:
(1) type of system;
(2) central system (manufacturer, model and
capacity);
(3) cooling towers,
condensers (roof top, self-contained units, including number, location and
description);
(4) individual units
covered by the offer (window/sleeve - specify number, capacity, amperage and
efficiency).
(n)
Ventilation.
Describe system in kitchens, fireplaces and all windowless
areas such as corridors, garages, laundries, baths, etc.
(o)
Electrical system.
Specify:
(1)
service from main service switchgear (amperes, voltage, phases, wire,
protective equipment);
(2) service
to individual units (risers, etc.);
(3) compartment switch gear (location and
floor of sectional meter boards and transformers supplying power to the meter
boards);
(4) unit service (ratings
of fuses and circuit breakers); adequacy of electrical system to handle modern
usage and appliances such as air conditioners, dishwashers and
dryers;
(5) adequacy:
(i) service - average number of circuits per
apartment and capacity to handle modern appliances - specifically air
conditioners, dishwashers and electric dryers;
(ii) lighting and fixtures;
(iii) convenience outlets, appliance outlets.
(p)
Intercommunication and/or door signal systems, security closed circuit
TV.
Specify mode of operation and condition. Describe
television reception facilities (master antennae, cable TV, antennae by
tenants).
(q)
Public
area lighting.
Describe and state adequacy (entrances, halls and stairs,
corridors, basements, courts and yards).
(r)
Garages and parking areas.
Describe:
(1)
location of garages (description of facility);
(2) location of parking areas (number of
spaces in each);
(3) surfaces
(materials used, lighting, fencing etc.);
(4) parking (attended or
unattended);
(5) garage ventilation
(method and equipment);
(6) garage
fire protection (method and equipment);
(7) drainage.
(s)
Swimming pool(s).
Describe in detail:
(1) type (concrete, material composition) and
location on property;
(2) size,
including length, width, depth, and approximate number of bathers permitted at
any time;
(3) enclosure (material
including roof);
(4) pumping and
filter system (describe material);
(5) water heating equipment or usage of
building's hot water (feed or heat exchangers);
(6) if on building roof, specify structural
support system.
(t)
Tennis courts, playgrounds and recreation facilities.
(1) Tennis courts.
Describe:
(i) type
(clay, macadam, turf);
(ii) number
and size;
(iii) lighting (number
and type);
(iv) fencing or
enclosure (including distance between fence or enclosure and all sides of
court).
(2) Playgrounds.
Describe location and size(s), fencing (if any), equipment
types and sand bed or safety padding.
(3) Other recreational facilities.
Describe any beach or lake front, boating facilities, golf
course(s), handball, basketball or other game courts.
(u)
Permits and
certificates.
List all applicable permits which must be obtained and
inspections which are to be done. List type of inspection, authority inspecting
and duration of approval once obtained. Include all compactors, incinerators,
boilers, oil storage, tanks, elevators, etc. In New York City include
Department of Air Resources, Elevator Safety, Boiler Safety, Fire Department
and Buildings Department permits.
(v)
Violations.
List all violations outstanding as of the date of this
report and the agency imposing the violation, the condition involved, the date
violation issued, and work required by violation notice to cure. If no
violations are outstanding, so state.
(w)
Unit information.
Specify the number of units inspected. Specify the unit
designations for each typical unit or line of units, including the number and
type of rooms. Give criteria for calculations of the number of rooms. For lofts
give useable residential space in square feet. Describe (include foyers, living
rooms, dining areas, kitchen, bedrooms, bathrooms, etc.):
(1) Type and grade of finish material used in
each type of unit and the number of coverings given. Include paint, wall and
floor coverings, as well as specifying the type of flooring, walls and ceiling
used.
(2) Presence, type and
condition of all bathroom fixtures.
(3) Presence, type and condition of kitchen
and laundry equipment.
(i) If data is
substantially the same for all units, a single narrative may be substituted for
this schedule.
(ii) If any
equipment or fixtures described are not included in the offering price, or the
offering price is conditioned on the equipment and fixtures selected, such fact
must be conspicuously noted in the body of the plan.
(x)
Finish schedule of
spaces other than units.
The following is a form of schedule to be given for each
floor.
|
Room |
Floor |
Walls |
Ceiling |
Remarks |
Describe all common rooms and spaces including but not
limited to: sub-sub cellar, subcellar, basement, cellar, first floor, penthouse
floor, public and service halls, corridors, lobbies.
(y)
Safety and warning devices.
Describe any fire or smoke safety devices installed in
units and common areas. State what devices are required by law, and whether any
required devices have not been installed.
(z)
Additional information
required.
Include the following in the description of property and
building condition section of the plan:
(1) A site plan showing landscape features,
roads, the outside dimensions of the building(s) and designated common areas,
including recreation and refuse disposal areas, and all privately owned access
roads. The site plan may be omitted if the building covers the entire
lot.
(2) An area map showing the
location of the condominium with respect to its surroundings, if the
condominium is not located in a highly urban area.
(3) Floor plan for each line or type of unit
drawn to scale, indicating room dimensions and unit boundaries.
(4) Floor to ceiling heights of
units.
(5) Approximate total area
of each unit.
(6) A master floor
plan showing unit boundaries and the relationship of units to each other. The
master floor plan may be omitted if the site plan clearly shows unit boundaries
and appropriate unit designations.
(aa) In the event that certain conditions in
the building(s) cannot be adequately evaluated by a visual examination, the
Department of Law may, in its discretion, direct that an independent engineer
or testing laboratory be retained to perform such tests or monitoring as may be
necessary in order to make adequate disclosure. Conditions which may require
additional testing or monitoring include, but are not limited to: settlement,
masonry cracks, rusting of structural steel, adequacy of concrete cover,
firestopping, etc. Test results must be reported in the offering plan or in an
amendment thereto.
(ab)
Further development.
If the sponsor intends to add additional units to the
building, either above the existing roof, outside the existing building
development, or by altering space within the building, it must make disclosure
about the new units to conform to this section. In addition:
(1) If additional units are to be added,
sponsor must submit plans and specifications approved by all necessary local
governmental agencies before the offering plan may be accepted for
filing.
(2) If additional units
will be on top of an existing structure, state:
(i) Whether the existing structure has
sufficient capacity to support the additional load, and, if not, what steps are
being taken to support the increased load.
(ii) What the resulting building height will
be.
(3) Describe the
components which will be removed, relocated, or extended,
e.g., parapet, bulkheads, roof, tanks, elevators, service
rooms, landscaping, etc.
(4)
Describe the effect the additional structure will have on existing systems and
state the adequacy of all existing systems which will be affected by the
addition, including heat and hot water, water pressure, sewage, elevators,
electricity, air conditioning, parking and sprinklers.
(5) Include a list of facilities that will be
shared by the existing and new structures, e.g., laundry room,
intercom, garage, etc.
(6) State
the effect that the renovation or construction will have on tenants in
occupancy. Specifically:
(i) The manner in
which construction debris will be handled and its effect on common areas used
by tenants.
(ii) The schedule for
renovation and construction work, e.g., Monday-Friday, 8:00
a.m. to 5:00 p.m., except holidays.
(iii) Any measures that will be taken to
protect the security of the building during the construction or renovation
process. Include a statement of the manner in which tenants and construction
workers will gain access to the building.
(iv) Whether there will be any interruption
of services during construction or renovation and, if so, provide details. This
includes water, electricity, elevator service, and laundry rooms.
(v) Whether new piping will be added to
existing piping and whether such work may cause breaks in existing piping. If
so, state whether precautions will be taken to minimize damage and state who
will be responsible for any such damage.
(vi) Whether the sponsor and/or contractors
will have liability insurance in effect during construction.
(ac)
Asbestos.
State whether asbestos containing material (ACM) is present
in insulating or fireproofing material anywhere in the building. Sponsor shall
perform such tests as are necessary to make such determination. In the event
that ACM is present, sponsor shall have a person who is qualified to render an
opinion on asbestos prepare a report on the asbestos in the building (the
"asbestos report"). Such asbestos report shall contain at least the following
information:
(1) The qualifications of
the person preparing the report.
(2) A detailed inventory of the asbestos in
each unit and in all other areas of the property, including the location,
amount of ACM, type and concentration of asbestos in ACM, and condition. At
least 10 percent of all units must be inspected in an initial inspection. If
ACM is found in any of these units, a second inspection, with notice to
tenants, must be performed in all remaining accessible units. List units
inspected.
(3) Recommendations for
handling each and every item of the asbestos inventory, i.e.,
removal, enclosure, encapsulation, or leaving undisturbed.
(4) How the recommendations should be
implemented. Include, if applicable, whether units must be vacated or whether
use of certain rooms will be limited and the projected duration thereof. State
whether the work must be performed in compliance with New York City Local Law
76 of 1985 or any other applicable laws.
(5) A recommended protocol (operations and
maintenance program) for the future handling and maintenance of asbestos which
will remain in the building, whether encapsulated, enclosed or left
undisturbed.
(ad)
Lead-based paint.
Include records, reports, violations and any other
information known or available to the sponsor or its agents concerning the
presence of lead-based paint and/or lead-based paint hazards.
