Current through Register Vol. 46, No. 39, September 25, 2024
Each offering plan submitted pursuant to this Part must
include a comprehensive description of the building(s) and property included in
the project. If any materials being used are not new, the condition should be
fully described. Describe and set forth outline specifications for all
applicable items in the order listed below. If the building is undergoing
partial rehabilitation, describe the condition of the major systems that are
not being rehabilitated and are likely to require major upgrading within the
next five years and highlight as a special risk.
(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.
Describe class of construction and current status, and
whether a certificate of occupancy has been obtained and if not, what work must
be completed before a permanent certificate of occupancy will be issued. For
existing buildings state:
(1) year
built;
(2) class of
construction;
(3) certificate of
occupancy, type and number; and
(4)
alteration permit numbers and description of work.
(c)
Site.
Discuss:
(1)
size;
(2) number of buildings and
use;
(3) streets:
(i) paving (material and
condition);
(ii) curbing (material
and condition);
(iii) catch basins,
drainage (number, location and condition); and
(iv) street lighting (material, type, number,
location and condition); and
(4) drives, sidewalks and ramps:
(i) paving (material and
condition);
(ii) curbing (material
and condition);
(iii) catch basins,
drainage (number, location and condition); and
(iv) street lighting (material, type, number,
location and condition).
(d)
Utilities.
Identify source or provider of all utilities. Specifically
identify which are public utilities or regulated companies and which are solely
the obligation of the project. 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 load bearing capacity and
porosity is sufficient to support buildings;
(2) whether there is any moisture or seepage
and, if any, indicate whether corrective actions are needed; and
(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 preventive action is
appropriate.
(f)
Landscaping and enclosures.
Describe:
(1)
grass cover (type and whether seeded or sod, depth of topsoil);
(2) plantings (type and location);
(3) trees (kind, size and
location);
(4) fencing (kind,
location);
(5) gates (material,
location);
(6) garden walls
(material, location);
(7) retaining
walls (material, location); and
(8)
display pools and foundations (location, materials).
(g)
Building height.
Specify:
(1) total
height (total feet from ground level to highest part of roof);
(2) sub-sub cellar (floor or
ceiling);
(3) sub-cellar (floor to
ceiling);
(4) cellar (floor to
ceiling);
(5) number of floors
(actual);
(6) penthouse (height
above roof);
(7) equipment rooms
(height above roof); and
(8)
parapet (height above roof).
(h)
Occupancy.
Specify:
(1)
number of units (for lofts, give usable residential space in square feet);
and
(2) total number of residential
rooms (state formula for calculation).
(i)
Structural system.
Describe materials used. Include type of foundations 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 (1980) applies, state the results of the inspection.
If Local Law 10 is inapplicable, so state. If insulated, specify "R" factor and
type material.
(ii) Windows.
Specify type and materials in all parts of the building including sills,
screens, lintels, storm sash, hardware, single or double glazing and caulking.
Indicate infiltration/air seepage level and state ability to withstand severe
weather conditions in terms of ambients in area.
(2) Parapets and copings.
State type of materials and how secured in place.
(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);
and
(vi) doors to balconies and
terrace (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); and
(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);
and
(iv) railings (material,
location).
(7) Roof and
roof structures.
Describe:
(i) Type
roofs for all areas:
(a) material (give number
of plies and adhesive if built-up);
(b) insulation ("R" Factor);
(c) surface finish;
(d) Expected useful life;
(e) bond or guarantee; and
(f) flashing materials including counter
flashing.
(iii) Drains:
(a) number;
(b) material and type; and
(c) gutters and leaders (type, material).
(iii) Skylights
(location, type, material).
(iv)
Bulkheads:
(a) stairs (materials);
(b) elevator (materials); and
(c) other.
(v) Metal work at roof levels:
(a) exterior, metal stairs
(materials);
(b) vertical ladders,
including gooseneck (material);
(c)
railings (material);
(d) hatches to
roof (type, material); and
(e)
other.
(vi) Rooftop
facilities (describe in detail).
(8) Fire escapes.
Specify whether sufficient to meet or exceed local safety
codes (describe at each floor):
(i)
location (describe how attached and supported);
(ii) floors covered;
(iii) drop ladder;
(iv) type; and
(v) materials.
(9) Yard and courts.
Describe each yard or court, including front, rear and
interior areas, listing access methods.
(i) paving (material);
(ii) drainage (type and material);
(iii) railings (material);
(iv) stairs (material);
(v) fencing (type and material);
and
(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); and
(viii) balustrade
(material).
(11) Interior
doors and frames.
Describe material, type, location for each and state
whether fireproof or exceed fire/safety standard:
(i) unit entrances and interior doors and
frames;
(ii) corridor doors and
frames;
(iii) stair hall doors and
frames; and
(iv) roof doors,
basement doors and their frames.
(12) Elevators.
Describe:
(i)
number of passenger and service elevators;
(ii) manufacturer of each and
capacity;
(iii) type of operation
for each elevator by elevator number;
(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 to motor
(manufacturer);
(x) AC to
motor-generator set (manufacturer); and
(xi) other.
(13) Elevator cabs.
Describe:
(i) kind
(manufacturer);
(ii) floor
(material);
(iii) walls
(material);
(iv) ceiling
(material); and
(v) lighting
(describe).
(j)
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, etc.]);
(iii) clothes dryers (number and
type);
(iv) laundry trays (number
and material);
(v) room ventilation
(method and final exhaust); and
(vi) dryer ventilation (method and final
exhaust).
(2) Refuse
disposal.
Describe generally, including:
(i) incinerators (number, location, capacity,
type, manufacturer);
(ii)
compactors (number, location, capacity, type, manufacturer);
(iii) approvals by authority having
jurisdiction (date of each approval);
(iv) initial storage location (ultimate
storage location); and
(v) pick-up
schedule and whether public or private provider.
(k)
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); and
(iv)
siamese connection (type, location).
(3) Water storage tanks and enclosures.
Describe:
(i)
number, type, location of each;
(ii) material (interior and exterior of tanks
including roofs);
(iii) access to
tank (vertical gooseneck ladder, etc.);
(iv) capacity (total gallons); and
(v) capacity (fire reserve).
(4) Water pressure and
how maintained.
(5) Sanitary sewage
system.
General description including:
(i) sewage piping (materials);
(ii) sewage pumps (if any); and
(iii) sewage disposal (public/private;
treatment; drainfield, sewer)
(6) Permits required.
List with dates obtained.
(7) Storm drainage system.
General description of system, method of disposal and
materials including:
(i) catch basins
(number, location);
(ii) yard and
roof drains (number, location);
(iii) piping (materials); and
(iv) eject or sump pumps (describe in detail
and describe conditions requiring pumps).
(l)
Heating.
Describe (including space heating and domestic hot water
heating):
(1) method (working of each
system and its components). Give capacity for heating and distributing domestic
hot water in terms of gallons, usage and recovery rates. Estimate the number of
showers that may reasonably be taken per unit prior to loss of hot water.
Describe heating system's adequacy to maintain comfortable conditions under
anticipated weather conditions, specifying internal temperature and base
ambient temperature used in calculations;
(2) number of boilers and
description;
(3) manufacturer of
boilers (model, capacity);
(4)
manufacturer of burners (model);
(5) type of controls;
(6) radiators, piping, insulation, valves,
pumps, etc.;
(7) fuel (for oil,
give type and grade);
(8) location
of oil tank and materials or enclosure;
(9) capacity of oil tank; and
(10) for gas (details on type and supply
system).
(m)
Gas
supply (when not covered above).
Describe:
(1)
type;
(2) meters; and
(3) piping.
(n)
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 (give manufacturer, model
and capacity);
(3) cooling towers,
condensers (roof top, self-contained units, etc., including number, location
and description); and
(4)
individual units (window/sleeve - specify number, capacity EER, amperage,
etc.).
(o)
Ventilation.
Describe system in kitchens, fireplaces and all windowless
areas such as corridors, garages, laundries, baths, etc.
(p)
Electrical system.
Specify:
(1)
service entrances to main service switchgear (amperes, voltage, phases, wire
protective equipment);
(2) service
to individual units;
(3)
compartment switch gear (location and floor of sectional meter boards and
transformers supplying power to the meter boards);
(4) unit service (ratings of main fuses,
circuit breakers or fuses to units and ratings, number and size and type
entrance wire for units);
(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; and
(iii) convenience outlets, appliance
outlets-average number per room including air conditioning outlets.
(6) Intercommunication and/or door
signal systems.
(q)
Television reception facilities.
(Master antennae, cable TV, antennae by tenants, security
closed circuit TV.)
(r)
Public area lighting.
Describe and state adequacy (entrances, halls and stairs,
corridors, basements, sites and yards).
(s)
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 not
attended);
(5) garage ventilation
(method and equipment);
(6) garage
fire protection (method and equipment); and
(7) drainage.
(t)
Recreation facilities.
If on roof, specify support system and describe:
(1) swimming pools (size including length,
width, depth and capacity);
(i) enclosure
(material including roof); and
(ii)
pumping and filter system (describe material);
(2) tennis courts:
(i) type (clay, macadam, turf);
(ii) number and size;
(iii) lighting (number and type);
and
(iv) fencing or enclosure
(including distance between fence or enclosure and all sides of
court);
(3) other
(e.g., golf courses, boating facilities, etc.).
(u)
Additional items,
violations.
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, Fire Department and Buildings Department permits. List all
violations outstanding as the date of this report and the agency imposing the
violation, the condition involved, the date violation issued, time permitted to
cure and work required to cure. If no violations are outstanding, so
state.
(v)
Unit
information.
Specify the unit designations for each type or line of
units, including the number and type of rooms. Describe (include foyers, living
rooms, dining areas, kitchens, 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) Specify all bathroom
fixtures including manufacturer, model and type material of sink, tub, shower
and toilet.
(3) Specify kitchen and
laundry equipment including range, refrigerator, dishwasher, sink, cabinets,
countertops, clothes washer, clothes dryer, hoods.
(i) If data is 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.
(w)
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 |
Show all common rooms and spaces including but not limited
to: sub-sub cellar, sub-cellar, basement, first floor, penthouse floor, public
and service halls, corridors, lobbies.
(x)
General information.
Describe any fire or smoke safety devices installed in
units and common areas.
(y)
Additional information required.
Include in the description of property and improvements
section of the plan:
(1) floor plans
for each unit drawn to scale and showing room dimensions;
(2) a site plan showing landscape features,
roads and clearly designated common areas including recreation and refuse
disposal areas is required if more than one building is being
offered;
(3) an area map showing
the communities surrounding the cooperative is required if the cooperative is
not located in a highly urban area.
(z)
Asbestos.
(1) With respect to vacant buildings, state
whether asbestos-containing material (ACM) is present in insulating or
fireproofing material anywhere in the building(s). 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(s) (the "asbestos
report"). Such asbestos report shall contain at least the following
information:
(i) the qualifications of the
person preparing the report;
(ii) a
detailed inventory of the asbestos in each apartment and in all other areas of
the property, including the location, amount of ACM, type and concentration of
asbestos in the ACM, and condition. State whether the presence of any of the
ACM poses an immediate health or safety hazard. State which apartments, if any,
were not examined and describe efforts made to gain access to any such
apartments;
(iii) recommendations
for handling each and every item of the asbestos inventory,
i.e., removal, enclosure, encapsulation, or leaving
undisturbed;
(iv) how the
recommendations should be implemented. Include, if applicable, whether
apartments 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; and
(v) a recommended
protocol for the future handling and maintenance of asbestos which will remain
in the building, whether encapsulated, enclosed or left undisturbed.
In addition, the offering plan must state that the
recommendations of the asbestos report will be expeditiously carried out by the
sponsor if the closing has not occurred, or the apartment corporation if the
closing has occurred but the sponsor is in control, and that it will be the
responsibility of the apartment corporation to monitor and, whenever necessary,
to treat or remove ACM which remains in the building(s) after the conversion to
a cooperative.
(2) The provisions of this subdivision shall
take effect on August 8, 1986.
(i) Proposed
offering plans submitted to the Department of Law on or after February 8, 1987
shall contain a statement as to whether ACM is present in the building(s) and,
if so, shall contain an asbestos report.
(ii) Offering plans submitted and/or accepted
for filing between August 8, 1986 and February 8, 1987 shall be revised or
amended no later than May 8, 1987 to include a statement as to whether ACM is
present in the building(s) and, if so, shall be revised or amended to include
an asbestos report no later than May 8, 1987. Such plans shall not be declared
effective until 30 days after such statement and report are incorporated in an
amendment and presented to purchasers.
(iii) Offering plans accepted for filing
prior to August 8, 1986 in which any units remain unsold shall be amended no
later than May 8, 1987 to include a statement as to whether ACM is present in
the building(s) and, if so, shall be revised or amended to include an asbestos
report no later than May 8, 1987. If before such an amendment is accepted for
filing the sponsor seeks to declare the plan effective, close, or sell unsold
shares, the sponsor shall amend the offering plan to inform prospective
purchasers that such statement and asbestos report are forthcoming. Such
amendment shall give purchasers the opportunity to delay closing until 30 days
after the amendment containing such statement and asbestos report have been
distributed to them. If any closings take place prior to the completion of
asbestos removal and treatment work, sponsor shall place in escrow a sum of
money sufficient to pay for said work, the amount to be determined by a person
qualified to render an opinion on asbestos, but in no event less than $2,500
per unit.
(aa)
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.
