Current through Register Vol. 46, No. 12, March 20, 2024
A program for administration and enforcement of either or
both of the Codes shall include all features and provisions described in this
section 1203.3. Each authority having jurisdiction must provide for each of the
listed features through local law, ordinance, or appropriate regulation. Such
authority having jurisdiction may adopt provisions for administration and
enforcement that are more stringent than the minimum standards set forth in
this section.
(a) Building permits.
(1) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring building permits
to be required for work that must conform to either or both of the Codes. Where
expressly set forth in their code enforcement program, an authority having
jurisdiction may exempt from the requirement for a building permit any one or
more of the categories of work listed in section 1203.3(a)(1)(i) through
(viii). An exemption from the requirement to obtain a building permit shall not
be deemed an authorization for work to be performed in violation of either or
both of the Codes. The following categories of work may be exempted from the
requirement for a building permit:
(i)
construction or installation of one-story detached structures associated with
one- or two-family dwellings or multiple single-family dwellings (townhouses),
which are used for tool and storage sheds, playhouses, or similar uses,
provided the gross floor area does not exceed 144 square feet;
(ii) construction of temporary sets and
scenery associated with motion picture, television, and theater uses;
(iii) installation of window awnings
supported by an exterior wall of a one-or two-family dwelling or multiple
single-family dwellings (townhouses);
(iv) installation of partitions or movable
cases less than 5²-9³ in height;
(v) painting, wallpapering, tiling,
carpeting, or other similar finish work;
(vi) installation of listed portable
electrical, plumbing, heating, ventilation, or cooling equipment or
appliances;
(vii) replacement of
any equipment provided the replacement does not alter the equipment's listing
or render it inconsistent with the equipment's original specifications;
and
(viii) repairs, provided that
the work does not have an impact on fire and life safety, such as:
(a) any part of the structural
system;
(b) the required means of
egress; or
(c) the fire protection
system or the removal from service of any part of the fire protection system
for any period of time.
(2) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring an application for
a building permit, or an amendment thereto, to include information sufficient
to enable the authority having jurisdiction to determine that the intended work
accords with the requirements of the Codes. An application for a building
permit shall include, but not be limited to, the following information and
documentation:
(i) a description of the
location, nature, extent, and scope of the proposed work;
(ii) the tax map number and the street
address of any affected building or structure;
(iii) the occupancy classification of any
affected building or structure;
(iv) where applicable, a statement of special
inspections to be prepared in accordance with the provisions of the Uniform
Code;
(v) construction documents
(drawings and/or specifications), in the format and quantity acceptable to the
authority having jurisdiction, prepared in compliance with section
1203.3(a)(3);
(vi) any additional
submittal documents in the format and quantity acceptable to the authority
having jurisdiction as required by the applicable provisions of the
Codes;
(vii) any other information
and documentation that the authority having jurisdiction may deem necessary to
allow the authority having jurisdiction to determine that the proposed work
conforms to the Codes.
(3) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring construction
documents submitted as part of an application for a building permit to be drawn
to scale on suitable material or in electronic media. The authority having
jurisdiction shall not approve required construction documents unless they show
in sufficient detail that they contain the information and/or documentation
required by the applicable provisions of either or both of the Codes, and
including but not limited to the following, where applicable:
(i) describing the location, nature, extent,
and scope of the proposed work;
(ii) showing that the proposed work will
conform to the applicable provisions of the Codes;
(iii) showing the location, construction,
size, and character of all portions of the means of egress;
(iv) showing a representation of the building
thermal envelope;
(v) showing
structural information including but not limited to braced wall designs; the
size, section, and relative locations of structural members; design loads; and
other pertinent structural information;
(vi) showing the proposed structural,
electrical, plumbing, mechanical, fire-protection, and other service systems of
the building;
(vii) a written
statement indicating compliance with the Energy Code;
(viii) a site plan, drawn to scale and drawn
in accordance with an accurate boundary survey, showing the size and location
of new construction and existing structures and appurtenances on the site;
distances from lot lines; the established street grades and the proposed
finished grades; and, as applicable, flood hazard areas, floodways, and design
flood elevations;
(ix) evidence
that the documents were prepared by a licensed and registered architect in
accordance with Article 147 of the New York State Education Law or a licensed
and registered professional engineer in accordance with Article 145 of the New
York State Education Law and practice guidelines, including but not limited to
the design professional's seal which clearly and legibly shows both the design
professional's name and license number and is signed by the design professional
whose name appears on the seal in such a manner that neither the name nor the
number is obscured in any way, the design professional's registration
expiration date, the design professional's firm name (if not a sole
practitioner), and, if the documents are submitted by a professional
engineering firm and not a sole practitioner professional engineer, the firm's
Certificate of Authorization number; and
(x) include any other information and
documentation that the authority having jurisdiction may deem necessary to
allow the authority having jurisdiction to determine that the proposed work
conforms to the Codes.
(4) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring the authority
having jurisdiction, or an individual or entity contracted by the authority
having jurisdiction and satisfying the requirements set forth in section
1203.2(e)(2),
to examine applications for a building permit or for an amendment thereto to
ascertain whether the proposed work is in conformance with the requirements of
the Codes. Construction documents and any other submittal documents approved as
part of a building permit application shall be so marked in writing and by
stamp, or in the case of electronic media, an electronic marking. One complete
set of approved construction documents and other submittal documents shall be
retained by the authority having jurisdiction. One complete set shall be
returned to the applicant to be available at the work site for use by the
authorized representatives of the authority having jurisdiction.
(5) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring building permits
to contain a statement indicating that all work shall be performed in
accordance with the approved building permit application including any
supporting information and documentation, such as construction documents,
written statements, submittal documents, etc. In addition, a building permit
shall include a directive indicating that the building permit holder must
notify the authority having jurisdiction immediately in the event of changes
occurring during construction.
(6)
Each authority having jurisdiction shall include in its code enforcement
program provisions requiring building permits to be issued with a specific
expiration date. The authority having jurisdiction may provide that a building
permit shall become invalid unless the work authorized is commenced within a
specified period following issuance.
(7) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring that when a
building permit has been issued in error because of incorrect, inaccurate, or
incomplete information, or the work for which the building permit was issued
violates either or both of the Codes, such building permit shall be revoked or
suspended until such time as the building permit holder demonstrates that all
work completed and all work proposed shall be in compliance with applicable
provisions of the Codes.
(8) Each
authority having jurisdiction shall include in its code enforcement program
provisions requiring building permits to be visibly displayed at the worksite
and to remain visible until the project has been completed.
(b) Construction inspections.
(1) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring the authority
having jurisdiction, or an individual or entity contracted by the authority
having jurisdiction and satisfying the requirements set forth in section
1203.2(e)(2),
to perform construction inspections required by the Codes including those
listed in this paragraph, either in-person or remotely. Remote inspections in
lieu of in-person inspections may be performed when, at the discretion of the
authority having jurisdiction, the remote inspection can be performed to the
same level and quality as an in-person inspection and the remote inspection
shows to the satisfaction of the authority having jurisdiction that the
elements of the construction process conform with the applicable requirements
of the Codes. Should a remote inspection not afford the authority having
jurisdiction sufficient information to make a determination, an in-person
inspection shall be performed. Inspections shall include but not be limited to
the following elements of the construction process, where applicable:
(i) worksite prior to the issuance of a
permit;
(ii) footing and
foundation;
(iii) preparation for
concrete slab;
(iv)
framing;
(v) structural,
electrical, plumbing, mechanical, fire-protection, and other similar service
systems of the building;
(vi) fire
resistant construction;
(vii) fire
resistant penetrations;
(viii)
solid fuel-burning heating appliances, chimneys, flues, or gas vents;
(ix) inspections required to demonstrate
Energy Code compliance, including but not limited to insulation, fenestration,
air leakage, system controls, mechanical equipment size, and, where required,
minimum fan efficiencies, programmable thermostats, energy recovery,
whole-house ventilation, plumbing heat traps, high-performance lighting, and
controls;
(x) installation,
connection, and assembly of factory manufactured buildings and manufactured
homes; and
(xi) a final inspection
after all work authorized by the building permit has been completed.
(2) Each authority having
jurisdiction shall include in its code enforcement program provisions requiring
work for which a permit has been issued to remain accessible and exposed until
inspected and accepted by the authority having jurisdiction and requiring
building permit holders to notify the authority having jurisdiction when
construction work is ready for inspection.
(3) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring that after each
inspection, the authority having jurisdiction shall note the work or a portion
thereof to be satisfactory as completed, or the building permit holder shall be
notified as to the manner in which the work fails to comply with either or both
of the Codes, including a citation to the specific code provision or provisions
that have not been met. The code enforcement program shall also include
provisions requiring work not in compliance with applicable provisions of
either or both of the Codes to remain exposed until it has been brought into
compliance with the Codes, re-inspected, and found satisfactory as
completed.
(c) Stop work
orders.
Each authority having jurisdiction shall include in its code
enforcement program provisions for the authority having jurisdiction to issue
stop work orders to halt work that is determined to be contrary to provisions
of either or both of the Codes, is being conducted in a dangerous or unsafe
manner, is being performed without obtaining a required building permit, or
when a building permit has been issued in error. A stop work order shall state
the reason for its issuance and the conditions which must be satisfied before
work will be allowed to resume.
(d) Certificates of occupancy, certificates
of compliance, and temporary certificates of occupancy.
(1) Each authority having jurisdiction shall
include in its code enforcement program provisions for the authority having
jurisdiction to issue a certificate of occupancy or a certificate of compliance
for any work which is the subject of a building permit and required to comply
with either or both of the codes and for all structures, buildings, or portions
thereof, which are converted from one use or occupancy classification or
subclassification to another. The code enforcement program shall provide that,
except as provided in section 1203.3(d)(4), permission to use or occupy a
building or structure, or portion thereof, for which a building permit was
previously issued, or which has been converted from one use or occupancy
classification or subclassification to another, shall be granted only by
issuance of a certificate of occupancy or a certificate of
compliance.
(2) Each authority
having jurisdiction shall include in its code enforcement program a provision
that precludes the authority having jurisdiction from issuing a certificate of
occupancy or a certificate of compliance until the authority having
jurisdiction shall have:
(i) inspected the
building, structure, or work and determined that the building, structure, or
work is in compliance with all applicable provisions of the Codes;
(ii) where applicable, received and reviewed
each written statement of structural observations and/or a final report of
special inspections required by any applicable provisions of the Uniform Code
and determined that the information in such written statement or report
adequately demonstrates compliance with the applicable provision of the Uniform
Code;
(iii) where applicable,
received and reviewed flood hazard certifications required by any applicable
provisions of the Uniform Code and determined that the information in such
certifications adequately demonstrates compliance with the applicable provision
of the Uniform Code;
(iv) where
applicable, received and reviewed each written statement of the results of
tests performed to show compliance with the Energy Code and determined that the
information in such statements adequately demonstrates compliance with the
applicable provision of the Energy Code; and
(v) where applicable, verified the affixation
of the appropriate seals, insignias, and manufacturers' data plates as required
for factory manufactured buildings and/or manufactured homes.
(3) Each authority having
jurisdiction shall include in its code enforcement program provisions requiring
a certificate of occupancy or certificate of compliance to contain the
following information:
(i) the building
permit number, if any;
(ii) the
date of issuance of the building permit, if any;
(iii) the name, address, and tax map number
of the property;
(iv) if the
certificate of occupancy or certificate of compliance is not applicable to an
entire structure, a description of that portion of the structure for which the
certificate of occupancy or certificate of compliance is issued;
(v) the use and occupancy classification of
the structure;
(vi) the type of
construction of the structure;
(vii) the occupant load of the assembly areas
in the structure, if any;
(viii)
any special conditions imposed in connection with the issuance of the building
permit;
(ix) the signature of the
official issuing the certificate of occupancy or certificate of compliance;
and
(x) the date of issuance of the
certificate of occupancy or certificate of compliance.
(4) Each authority having jurisdiction shall
include in its code enforcement program provisions allowing the authority
having jurisdiction to issue a temporary certificate of occupancy prior to the
completion of the work that is the subject of a building permit. The code
enforcement program shall provide that:
(i) A
temporary certificate of occupancy shall be limited to a specified period of
time during which the building permit holder shall undertake to bring the
structure into full compliance with applicable provisions of the
Codes.
(ii) The temporary
certificate of occupancy shall specify the portion or portions of the building
or structure that may be occupied pursuant to the temporary certificate of
occupancy, and any special terms or conditions of such occupancy that the
authority having jurisdiction may deem to be appropriate to ensure the health
and safety of the persons occupying and using the building or structure and/or
performing further construction work in the building or structure.
(iii) The temporary certificate of occupancy
shall also include the information mentioned in section 1203.3(d)(3).
(iv) An authority having jurisdiction shall
not issue a temporary certificate of occupancy until it determines that the
following conditions are met:
(a) the
structure or portions thereof may be occupied safely;
(b) any required fire and life safety
components, such as fire protection equipment and fire, smoke, carbon monoxide,
and heat detectors and alarms are installed and operational; and
(c) all required means of egress from the
structure have been provided.
(5) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring a certificate of
occupancy, certificate of compliance, or temporary certificate of occupancy
issued in error or on the basis of incorrect information to be suspended or
revoked by the authority having jurisdiction if the relevant deficiencies are
not corrected within a specified period of time.
(e) Notification regarding fire or explosion.
Each authority having jurisdiction shall include in its code
enforcement program procedures t for the chief of any fire department providing
firefighting services for a property to notify the authority having
jurisdiction of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
(f) Unsafe structures and equipment and
conditions of imminent danger.
Each authority having jurisdiction shall include in its code
enforcement program procedures for the authority having jurisdiction to
identify and address unsafe structures and equipment and conditions of imminent
danger consistent with the requirements of the Uniform Code.
(g) Operating permits.
(1) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring operating permits
for conducting any process or activity or for operating any type of building,
structure, or facility listed in this paragraph as follows:
(i) manufacturing, storing, or handling
hazardous materials in quantities exceeding those listed in the applicable
Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(ii) buildings, structures, facilities,
processes, and/or activities that are within the scope and/or permit
requirements of the chapter or section title of the FCNYS listed and described
in section 1203.3(g)(1)(ii) as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities where the
operation produces combustible dust;
(b) Chapter 24, "Flammable Finishes."
Operations utilizing flammable or combustible liquids, or the application of
combustible powders regulated by Chapter 24 of the FCNYS;
(c) Chapter 25, "Fruit and Crop Ripening."
Operating a fruit- or crop-ripening facility or conducting a fruit-ripening
process using ethylene gas;
(d)
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or
insecticidal fogging operations in buildings, structures, and spaces, except
for fumigation or insecticidal fogging performed by the occupant of a detached
one-family dwelling;
(e) Chapter
31, "Tents, Temporary Special Event Structures, and Other Membrane Structures."
Operating an air-supported temporary membrane structure, a temporary special
event structure, or a tent where approval is required pursuant to Chapter 31 of
the FCNYS;
(f) Chapter 32,
"High-Piled Combustible Storage." High-piled combustible storage facilities
with more than 500 square feet (including aisles) of high-piled
storage;
(g) Chapter 34, "Tire
Rebuilding and Tire Storage." Operating a facility that stores in excess of
2,500 cubic feet of scrap tires or tire byproducts or operating a tire
rebuilding plant;
(h) Chapter 35,
"Welding and Other Hot Work." Performing public exhibitions and demonstrations
where hot work is conducted, use of hot work, welding, or cutting equipment,
inside or on a structure, except an operating permit is not required where work
is conducted under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
(i) Chapter 40, "Sugarhouse Alternative
Activity Provisions." Conducting an alternative activity at a
sugarhouse;
(j) Chapter 56,
"Explosives and Fireworks." Possessing, manufacturing, storing, handling,
selling, or using, explosives, fireworks, or other pyrotechnic special effects
materials except the outdoor use of sparkling devices as defined by Penal Law
section 270;
(k) Section 307, "Open
Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting open
burning, not including recreational fires and portable outdoor
fireplaces;
(l) Section 308, "Open
Flames." Removing paint with a torch, or using open flames, fire, and burning
in connection with assembly areas or educational occupancies; and
(m) Section 319, "Mobile Food Preparation
Vehicles." Operating a mobile food preparation vehicle.
(iii) energy storage systems, where the
system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the
permitted aggregate ratings in section R327.5 of the RCNYS.
(iv) buildings containing one or more
assembly areas;
(v) outdoor events
where the planned attendance exceeds 1,000 persons;
(vi) facilities that store, handle or use
hazardous production materials;
(vii) parking garages as defined in section
1203.3(j);
(viii) buildings whose
use or occupancy classification may pose a substantial potential hazard to
public safety, as determined by the authority having jurisdiction;
and
(ix) other processes or
activities or for operating any type of building, structure, or facility at the
discretion of the authority having jurisdiction.
(2) Where specifically identified in their
code enforcement program, an authority having jurisdiction may exempt from the
requirement for an operating permit the processes or activities, or the
buildings, structures, or facilities listed in section 1203.3(g)(1), provided
that the use is expressly authorized by a certificate of occupancy or
certificate of compliance, fire safety and property maintenance inspections are
performed in accordance with section 1203.3(h), and condition assessments are
performed in compliance with section 1203.3(j), as applicable. Neither this
paragraph nor the provisions of the code enforcement program of the authority
having jurisdiction that implement this paragraph shall limit or impair the
right of the authority having jurisdiction to take any other enforcement
action, including but not limited to those specified in section
1203.5
of this Part, as may be necessary or appropriate in response to any citation of
non-compliance found during a fire safety and property maintenance
inspection.
(3) Each authority
having jurisdiction shall include in its code enforcement program provisions
requiring parties who propose to undertake the types of activities or operate
the types of buildings listed in section 1203.3(g)(1), and not otherwise
exempted by section 1203.3(g)(2), to obtain an operating permit prior to
commencing such activity or operation. The code enforcement program shall also
include provisions requiring an application for an operating permit to contain
sufficient information to enable a determination that quantities, materials,
and activities conform to the requirements of the Uniform Code. Tests or
reports necessary to verify conformance shall be required.
(4) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring the authority
having jurisdiction, or an individual or entity contracted by the authority
having jurisdiction and satisfying the requirements set forth in section
1203.2(e)(2),
to perform an inspection of the premises prior to the issuance or renewal of an
operating permit. Such inspections shall be performed either in-person or
remotely. Remote inspections in lieu of in-person inspections may be performed
when, at the discretion of the authority having jurisdiction, the remote
inspection can be performed to the same level and quality as an inperson
inspection and the remote inspection shows to the satisfaction of the authority
having jurisdiction that the premises conform with the applicable requirements
of the Uniform Code and the code enforcement program. Should a remote
inspection not afford the authority having jurisdiction sufficient information
to make a determination, an in-person inspection shall be performed. After
inspection, the premises shall be noted as satisfactory and the operating
permit shall be issued, or the operating permit holder shall be notified as to
the manner in which the premises fails to comply with either or both of the
Uniform Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
(5) Where specifically identified in their
code enforcement program, an authority having jurisdiction may allow a single
operating permit to apply to more than one hazardous activity.
(6) Each authority having jurisdiction shall
include in its code enforcement program provisions for operating permits to
remain in effect until reissued, renewed, or revoked and shall be issued for a
specified period of time consistent with local conditions, but in no event to
exceed:
(i) 180 days for tents, special event
structures, and other membrane structures;
(ii) 60 days for alternative activities at a
sugarhouse;
(iii) three years for
the activities, structures, and operations determined per section
1203.3(g)(1)(ix), and (iv) one year for all other activities, structures, and
operations identified in section 1203.3(g)(1).
(7) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring the authority
having jurisdiction, or an individual or entity contracted by the authority
having jurisdiction and satisfying the requirements set forth in section
1203.2(e)(1)
or
1203.2(e)(2),
to revoke or suspend an operating permit where a process or activity, or the
operation of any type of building, structure, or facility does not comply with
applicable provisions of the Uniform Code.
(h) Fire safety and property maintenance
inspections.
(1) Each authority having
jurisdiction shall include in its code enforcement program provisions requiring
the authority having jurisdiction, or an individual or entity contracted by the
authority having jurisdiction and satisfying the requirements set forth in
section
1203.2(e)(1)
or
1203.2(e)(2),
to perform fire safety and property maintenance inspections either in-person or
remotely. Remote inspections in lieu of in-person inspections may be performed
when, at the discretion of the authority having jurisdiction, the remote
inspection can be performed to the same level and quality as an in-person
inspection and the remote inspection shows to the satisfaction of the authority
having jurisdiction that the premises conform with the applicable requirements
of the Codes. Should a remote inspection not afford the authority having
jurisdiction sufficient information to make a determination, an in-person
inspection shall be performed. Fire safety and property maintenance inspections
shall be performed at intervals consistent with local conditions, but in no
event shall such intervals exceed:
(i) one
year for buildings which contain an assembly area;
(ii) one year for public and private schools
and colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining or recreational facilities; and
(iii) three years for multiple dwellings and
all nonresidential occupancies.
(2) Each authority having jurisdiction shall
include in its code enforcement program provisions requiring that after each
inspection, the authority having jurisdiction shall note the premises as
satisfactory, or the owner and operator shall be notified as to the manner in
which the premises fails to comply with the Uniform Code, including a citation
to the specific Uniform Code provision or provisions that have not been
met.
(3) Nothing in this
subdivision shall require or be construed to require regular, periodic
inspections of (A) owner-occupied one and two-family dwellings, or (B)
agricultural buildings used directly and solely for agricultural purposes,
provided, however, that this shall not be a limitation on inspections conducted
at the invitation of the owner or occupant, or where conditions on the premises
threaten or present a hazard to public health, safety, or welfare.
(4) In the case of a building referred to in
section 1203.3(h)(1)(ii), an authority having jurisdiction may accept an
inspection performed by the Office of Fire Prevention and Control or other
authorized entity pursuant to sections 807-a and 807-b of the Education Law
and/or section
156-e of the
Executive Law, in lieu of an inspection performed by the authority having
jurisdiction or an individual or entity contracted by the authority having
jurisdiction, provided that
(i) the authority
having jurisdiction satisfies itself that the individual performing such
inspection satisfies the requirements set forth in section
1203.2(e)(1)
or
1203.2(e)(2);
(ii) the authority having jurisdiction
satisfies itself that such inspection covers all elements required to be
covered by a fire safety and property maintenance inspection;
(iii) such inspections are performed no less
frequently than once a year;
(iv) a
true and complete copy of the report of each such inspection is provided to the
authority having jurisdiction; and
(v) upon receipt of each such report, the
authority having jurisdiction takes the appropriate action prescribed by
paragraph (2) of this subdivision or verifies the authorized entity performing
the inspection has taken the appropriate action consistent with paragraph (2)
of this subdivision.
(i) Procedure for complaints. Procedures
shall be established for addressing bona fide complaints which assert that
buildings, structures, conditions, or activities fail to comply with either or
both of the Codes or with local laws, ordinances, or regulations adopted for
administration and enforcement of the either or both of the Codes. The process
for responding to such complaints shall include, when appropriate, provisions
for inspection of the buildings, structures, conditions, and/or activities
alleged to be in violation.
(j)
Condition assessments of parking garages.
(1)
General. Each authority having jurisdiction shall include in its code
enforcement program provisions requiring condition assessments of parking
garages. Such provisions shall include, at a minimum, the requirements and
features described in this subdivision.
(2) Definitions. For the purposes of section
1203.3(j), the following terms shall be deemed to have the meanings shown in
this paragraph:
(i) Condition assessment. An
on-site inspection and evaluation of a parking garage for evidence of
deterioration of any structural element or building component of such parking
garage, evidence of the existence of any unsafe condition in such parking
garage, and evidence indicating that such parking garage is an unsafe
structure.
(ii) Deterioration. The
weakening, disintegration, corrosion, rust, or decay of any structural element
or building component or any other loss of effectiveness of a structural
element or building component.
(iii) Parking garage. Any building or
structure, or part thereof, in which any structural level, or part thereof is
used for parking or storage of motor vehicles, excluding:
(a) buildings in which the only level used
for parking or storage of motor vehicles is entirely supported on soil or
engineered fill, and not supported on structural framing;
(b) an attached or accessory structure
providing parking exclusively for a detached one- or two-family dwelling;
and
(c) a townhouse unit with
attached parking exclusively for such unit.
(iv) Professional engineer. An individual who
is licensed or otherwise authorized under article 145 of the Education Law to
practice the profession of engineering in the State of New York and who has at
least three years of experience performing structural evaluations.
(v) Responsible professional engineer. The
professional engineer who performs a condition assessment, or under whose
supervision a condition assessment is performed, and who seals and signs the
condition assessment report.
(vi)
Unsafe condition. The conditions identified as unsafe in sections 304.1.1,
305.1.1, and 306.1.1 of the PMCNYS.
(vii) Unsafe structure. A structure that is
so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty
construction or unstable foundation, that partial or complete collapse is
possible.
(3) Condition
assessments - general requirements. The owner or operator of each parking
garage shall cause such parking garage to undergo an initial condition
assessment as described in section 1203.3(j)(4), periodic condition assessments
as described in section 1203.3(j)(5), and such additional condition assessments
as may be required under section 1203.3(j)(6). Each condition assessment shall
be conducted by or under the direct supervision of a responsible professional
engineer. A written report of each condition assessment shall be prepared and
provided to the authority having jurisdiction, in accordance with the
requirements of section 1203.3(j)(7). Before performing a condition assessment
(other than the initial condition assessment) of a parking garage, the
responsible professional engineer for such condition assessment shall review
all available previous condition assessment reports for such parking
garage.
(4) Initial condition
assessment. Each parking garage shall undergo an initial condition assessment
as follows:
(i) Parking garages constructed
on or after August 29, 2018, shall undergo an initial condition assessment
following construction and prior to a certificate of occupancy or certificate
of compliance being issued for the structure.
(ii) Parking garages constructed prior to
August 29, 2018, shall undergo an initial condition assessment as follows:
(a) if originally constructed prior to
January 1, 1984, then prior to October 1, 2019;
(b) if originally constructed between January
1, 1984 and December 31, 2002, then prior to October 1, 2020; and
(c) if originally constructed between January
1, 2003 and August 28, 2018, then prior to October 1, 2021.
(5) Periodic condition
assessments. Following the initial condition assessment of a parking garage,
such parking garage shall undergo periodic condition assessments at intervals
not to exceed the lesser of:
(i) three years;
or
(ii) at such shorter period as
may be fixed by the authority having jurisdiction in its code enforcement
program.
(6) Additional
condition assessments.
(i) If the latest
condition assessment report for a parking garage includes a recommendation by
the responsible professional engineer that an additional condition assessment
of such parking garage, or any portion of such parking garage, be performed
before the date by which the next periodic condition assessment would be
required under section 1203.3(j)(5), the authority having jurisdiction shall
require the owner or operator of such parking garage to cause such parking
garage (or, if applicable, the portion of such parking garage identified by the
responsible professional engineer) to undergo an additional condition
assessment no later than the date recommended in such condition assessment
report.
(ii) If the authority
having jurisdiction becomes aware of any new or increased deterioration which,
in the judgment of the authority having jurisdiction, indicates that an
additional condition assessment of the entire parking garage, or of the portion
of the parking garage affected by such new or increased deterioration, should
be performed before the date by which the next periodic condition assessment
would be required under section 1203.3(j)(5), the authority having jurisdiction
shall require the owner or operator of such parking garage to cause such
parking garage (or, if applicable, the portion of the parking garage affected
by such new or increased deterioration) to undergo an additional condition
assessment no later than the date determined by the authority having
jurisdiction to be appropriate.
(7) Condition assessment reports. The
responsible professional engineer shall prepare, or directly supervise the
preparation of, a written report of each condition assessment, and shall submit
such condition assessment report to the authority having jurisdiction within
such time period as fixed by the authority having jurisdiction. Such condition
assessment report shall be sealed and signed by the responsible professional
engineer, and shall include:
(i) an
evaluation and description of the extent of deterioration and conditions that
cause deterioration that could result in an unsafe condition or unsafe
structure;
(ii) an evaluation and
description of the extent of deterioration and conditions that cause
deterioration that, in the opinion of the responsible professional engineer,
should be remedied immediately to prevent an unsafe condition or unsafe
structure;
(iii) an evaluation and
description of the unsafe conditions;
(iv) an evaluation and description of the
problems associated with the deterioration, conditions that cause
deterioration, and unsafe conditions;
(v) an evaluation and description of the
corrective options available, including the recommended timeframe for remedying
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(vi) an evaluation and
description of the risks associated with not addressing the deterioration,
conditions that cause deterioration, and unsafe conditions;
(vii) the responsible professional engineer's
recommendation regarding preventative maintenance;
(viii) except in the case of the report of
the initial condition assessment, the responsible professional engineer's
attestation that he or she reviewed all previously prepared condition
assessment reports available for such parking garage, and considered the
information in the previously prepared reports while performing the current
condition assessment and while preparing the current report; and
(ix) the responsible professional engineer's
recommendation regarding the time within which the next condition assessment of
the parking garage or portion thereof should be performed. In making the
recommendation regarding the time within which the next condition assessment of
the parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age, maintenance
history, structural condition, construction materials, frequency and intensity
of use, location, exposure to the elements, and any other factors deemed
relevant by the responsible professional engineer in his or her professional
judgment.
(8) The
authority having jurisdiction shall review each condition assessment report.
The authority having jurisdiction shall take such enforcement action or actions
in response to the information in such condition assessment report as may be
necessary or appropriate to protect the public from the hazards that may result
from the conditions described in such report. In particular, but not by way of
limitation, the authority having jurisdiction shall, by order to remedy or such
other means of enforcement as the authority having jurisdiction may deem
appropriate, require the owner or operator of the parking garage to repair or
otherwise remedy all deterioration, all conditions that cause deterioration,
and all unsafe conditions identified in such condition assessment report
pursuant to section 1203.3(j)(7)(ii) and section 1203.3(j)(7)(iii). All repairs
and remedies shall comply with the applicable provisions of the Uniform Code.
Neither this paragraph nor the provisions of the code enforcement program of
the authority having jurisdiction that implement this paragraph shall limit or
impair the right of the authority having jurisdiction to take any other
enforcement action, including but not limited to placing a do not occupy order
or suspension or revocation of a parking garage's operating permit, as may be
necessary or appropriate in response to the information in a condition
assessment report.
(9) The
authority having jurisdiction shall retain all condition assessment reports for
the life of the parking garage. Upon request by a professional engineer who has
been engaged to perform a condition assessment of a parking garage, and who
provides the authority having jurisdiction with a written statement attesting
to the fact that he or she has been so engaged, the authority having
jurisdiction shall make the previously prepared condition assessment reports
for such parking garage (or copies of such reports) available to such
professional engineer. The authority having jurisdiction shall be permitted to
require the owner or operator of the subject parking garage to pay all costs
and expenses associated with making such previously prepared condition
assessment reports (or copies thereof) available to the professional
engineer.
(10) Neither this
subdivision nor the provisions of the code enforcement program of the authority
having jurisdiction that implement this subdivision shall limit or impair the
right or the obligation of the authority having jurisdiction:
(i) to perform such construction inspections
as are required by the stricter of section 1203.3(b) or the code enforcement
program of the authority having jurisdiction;
(ii) to perform such periodic fire safety and
property maintenance inspections as are required by the stricter of section
1203.3(h) or the code enforcement program of the authority having jurisdiction;
and/or
(iii) to take such
enforcement action or actions as may be necessary or appropriate to respond to
any condition that comes to the attention of the authority having jurisdiction
by means of its own inspections or observations, by means of a complaint, or by
any other means other than a condition assessment or a report of a condition
assessment.
(11) The use
of the term responsible professional engineer in this subdivision shall not be
construed as limiting the professional responsibility or liability of any
professional engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
(k) Climatic and Geographic Design Criteria.
The city, town, and village responsible for administration and enforcement of
the Uniform Code shall establish and make available climatic and geographic
design criteria as required by the Uniform Code. This includes, but is not
limited to:
(1) Establishing design criteria
to include ground snow load; wind design loads; seismic category; potential
damage from weathering, frost, and termite; winter design temperature; whether
ice barrier underlayment is required; the air freezing index; and the mean
annual temperature;
(2)
Establishing heating and cooling equipment design criteria for structures
within the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the RCNYS;
and
(3) Establishing flood hazard
areas, flood hazard maps, and supporting data. The flood hazard map shall
include, at a minimum, special flood hazard areas as identified by the Federal
Emergency Management Agency in the Flood Insurance Study for the community, as
amended or revised with:
(i) the accompanying
Flood Insurance Rate Map (FIRM);
(ii) Flood Boundary and Floodway Map (FBFM);
and
(iii) related supporting data
along with any revisions thereto.
(l) Recordkeeping. A system of records of the
features and activities specified in section 1203.3(a) through section
1203.3(k) and of fees charged and collected, if any, shall be established and
maintained.