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NYS Garage Law PR Abbreviated

Effective August 29, 2018, owners or operators of parking garages must submit condition assessment reports performed by a qualified Professional Engineer, every three years. The first deadline for the assessment may be as early as Fall 2019, leaving little time to meet this new mandate.

Requirements of the Mandate

Condition Assessment

Parking garage owners or operators must retain a licensed Professional Engineer, with at least three years of experience in performing structural evaluations, to conduct an onsite assessment of the parking structure. The purpose of the assessment is to identify unsafe conditions and other degradation of the garage. All parking structures in the State of New York, both private and public, must comply with this mandate. This includes all parking garages with elevated parking levels. One- and two-family residences and any structure with a single level of parking that is on grade are exempt.

Once the engineer completes the Condition Assessment, the engineer engineer must submit a signed and sealed Condition Assessment Report to the local Code Enforcement Authority. The report will consider the 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 Professional Engineer in their professional judgement. If necessary, portions of the garage may be made restricted in case further testing is required.

The engineer will document the overall condition of the parking structure and address the following:

Following the initial report, parking garages must undergo periodic Condition Assessments for the life of the facility every three years (or more frequently if mandated by the authorized jurisdiction). The Professional Engineer may also recommend that the structure be evaluated again sooner.

Operating Permit

Owners of new and existing parking garages must now also obtain an operating permit from the local authority, to whom garage assessment reports are submitted.

Timeline for Assessments

New Parking Garages

Once construction is completed and prior to the issuance of a Certificate of Occupancy or Certificate of Compliance, an initial condition assessment must be completed.

Existing Parking Garages

The deadlines for completing the initial condition assessment of an existing garage are based on the garage’s original construction date.

Original Construction Date Initial Condition Assessment Completion Date
Prior to January 1, 1984 Prior to October 1, 2019
January 1, 1984 to December 31, 2002 Prior to October 1, 2020
January 1, 2003 to August 29, 2018 Prior to October 1, 2021

Authorization for Enforcing the Assessment Code

The local authority having jurisdiction of the city, town, village, county, State agency, or other governmental unit will be responsible for administering and enforcing the parking garage assessment code. Despite the minimum standards of the New York State law, the local authority has been granted full discretionary power to issue more demanding requirements.

The local authority will review every parking garage condition assessment report and, depending on the condition, may issue a fine, an Order to Remedy, or suspend or revoke an operating permit. All condition assessment reports will be filed and retained by the local authority for the life of the parking structure. All past condition assessment reports will be available to the Professional Engineer engaged to perform a condition assessment.

Next Steps for Garage Owners

The first deadline for the report is less than a year away. Considering the large quantity of parking structures in New York State, garage owners and operators should plan on retaining a Professional Engineer with garage evaluation experience as soon as possible.

If you have any questions regarding this new mandate or would like a proposal for conducting a structural condition assessment of your parking garage, please contact Bill Payne, P.E., Vice President of O&S Associates, Inc., at 646.736.0699.

New York State Fire Marshals & Inspectors Association (2018, August 23) NOTICE OF ADOPTION Condition Assessments of Parking Garages (19 NYCRR Parts 1202, 1203, 1204) EFFECTIVE August 29, 2018. Retrieved from http://www.nysfma.org/index.php/parking-garage-inspections/