Current through Register Vol. 46, No. 39, September 25, 2024
Except as provided in subdivision (bb) of this section,
each offering plan submitted must include a comprehensive description of the
timeshare buildings and property and buildings and property outside the
immediate timeshare regime which timeshare owners have the right to use and
occupy as part of the timesharing plan (at no additional charge or at a
discount from rates charged to the general public). 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. 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), if any; and
(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);
(4) drives, sidewalks and ramps:
(i) paving (material and
condition);
(ii) curbing (material
and condition);
(iii) catch basins,
drainage (location and condition); and
(iv) street lighting (material, type,
location and condition).
(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 timeshare regime. Indicate whether water, sewer (or
septic tank), gas, electric and telephone are metered individually,
collectively or by any other method of billing.
(e)
Subsoil 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 any, indicate whether
corrective action is needed; and
(3) whether there is any danger from
flooding, either due to water table in area or overflow from other bodies of
water, noting the potential for mudslides or erosion and what preventive 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); and
(8) display
pools and foundations (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
subcellars and cellars;
(4) number
of floors (actual, including penthouses-give floor-to-ceiling height if not
between 7 1/2 and 8 1/2 feet);
(5)
equipment rooms (location and use); and
(6) parapet (height above roof).
(h)
Structural
system.
Describe materials used, include type of foundations(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, state the results of the inspection. If
Local Law 10 is inapplicable, 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.
(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);
and
(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) mailboxes
(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 (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;
and
(e) flashing materials,
including counter flashing;
(ii) drains:
(a) location, material and type;
and
(b) 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; and
(vi) rooftop
facilities (describe in detail).
(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; and
(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);
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) guardrails
(material); and
(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; and
(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 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);
(v) lighting
(describe); and
(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); and
(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); and
(v) pickup
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);
(ii) sprinkler heads
(type system, location); and
(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); and
(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); and
(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 of method of disposal and
materials, including:
(i) catch basins
(location);
(ii) yard and roof
drains (location);
(iii) piping
(materials); and
(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, 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 (for oil, give type
and grade);
(8) location of oil
tank, materials, enclosure;
(9)
capacity of oil tank; and
(10) for
gas (details on type and supply system).
(l)
Gas supply.
If not described above, describe:
(1) type;
(2) meters; and
(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 (give manufacturer, model
and capacity);
(3) cooling towers,
condensers (rooftop, self-contained units, including number, location and
description); and
(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 switch gear (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 main fuses, circuit breakers or fuses to units and ratings);
(5) adequacy.
Specify:
(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; and
(6) intercommunication and/or door signal
systems.
(p)
Television reception facilities.
Master antennae, cable TV, security closed-circuit
TV.
(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 not
attended);
(5) garage ventilation
(method and equipment);
(6) garage
fire protection (method and equipment); and
(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); and
(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); and
(iv) fencing or
enclosure (including distance between fence or enclosure and all sides of
court).
(2) Playgrounds.
Describe location and size(s) of playground(s), fencing (if
any), equipment types, and sand bed or safety padding.
(3) Other recreation facilities.
Describe any beach or lakefront, 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 Bureau of Air Resources, Elevator Safety, Boiler Safety, Fire
Department and Department of Buildings 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
the 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. 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 |
Show all common rooms and spaces, including but not limited
to: Sub-subcellar, subcellar, basement, 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
section of the plan:
(1) a site plan,
showing roads, the outside dimensions of the building and clearly designated
common areas, including recreation and refuse disposal areas, if more than one
building is being offered;
(2) an
area map, showing the location of the timesharing plan with respect to its
surroundings; and
(3) floor plans
for each unit, drawn to scale and showing room dimensions.
(aa)
Asbestos.
(1) State whether asbestos containing
material (ACM) is present in insulating or fireproofing material anywhere in
the timeshare building(s) and building(s) outside the immediate timeshare
regime which timeshare owners have the right to use and occupy as part of the
timesharing plan (at no additional charge or at a discount from rates charged
to the general public). 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 unit and in all other areas of the
property, including the location, amount of ACM, type and concentration of
asbestos in the 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 must be performed in all remaining accessible units. List
units inspected;
(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 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 any applicable law; and
(v) a recommended protocol for the future
handling and maintenance of asbestos which will remain in the building(s),
whether encapsulated, enclosed or left undisturbed.
(2) The provisions of this subdivision shall
take effect on March 1, 1989.
(i) Proposed
offering plans submitted to the Department of Law on or after March 1, 1989
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 January 1, 1989 and February 28, 1989 shall be revised or
amended no later than May 1, 1989 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 July 1, 1989. Such plans shall not be declared
effective until 30 days after such a statement and report are incorporated in
an amendment and presented to purchasers.
(iii) Offering plans accepted for filing
prior to March 1, 1989 in which any intervals remain unsold shall be amended no
later than May 1, 1989 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 July 1, 1989. If before such an amendment is accepted for
filing the sponsor seeks to declare the plan effective, close, or sell unsold
intervals, 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.
(bb) Where all or substantially all of the
timeshare offering is comprised of newly constructed units and facilities, the
architect's/engineer's report described above may be replaced with the
following:
(1) a certification by a registered
architect or licensed engineer pursuant to section
24.4(c)(4) of
this Part. If construction is not complete, the offering plan may state that
such certification will be added to the offering plan upon completion of
construction but before the first closing;
(2) a statement by the sponsor that copies of
all technical reports, such as those prepared for lending institutions, have
been and will be delivered to the Department of Law and are available for
inspection at the sales office;
(3)
a statement by the sponsor that in the event of litigation against the sponsor
in which allegations of construction defects are made, the sponsor will
stipulate and acknowledge that the claimant(s) relied upon the information
contained in the filed plans and specifications.
The Department of Law may, in its discretion, require the
detailed architect's/engineer's report described above in subdivisions (a)-(aa)
of this section and the sponsor may elect to submit such a detailed report
instead of the certifications and statements permitted under this
section.
(cc)
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.
