Background

§ 28-301.1.1 New York City Administrative Code was added by Local Law 126 of 2021 which went into effect on November 7, 2022 requiring building owners to have an annual parapet observation performed in accordance with DOB Rules.

Since the public hearing, the Department has revised the start date for these observations to give owners more time to prepare and comply. Accordingly, effective January 1, 2024, annual observations of Parapets will be required in accordance with § 103-15 Periodic Observation of Building Parapets.

Requirements – FAQ

Hire a qualified professional (or other competent person) capable of inspecting building parapets and identifying hazards and dangerous conditions.

Who is a Capable/Competent Person?

* NY State Authorized Building Inspector

* NY State Authorized Insurance Company

* Bricklayer

* Building Superintendent,

* Handyman,

* Mason (or a person in a similar construction-related trade)

* Architect

* Engineer

What action does the Competent Person take if a Hazardous or Unsafe Condition is identified?

The person performing the observation must immediately notify DOB if parapet exhibits a hazardous or unsafe condition.

What action is an Owner required to take if a Hazardous or Unsafe Condition is identified?

Owners must immediately install public protection upon finding any unsafe condition. Such protection must remain in place until unsafe condition is corrected.

What buildings are required to perform Parapet Observations?

Parapet observation applies to all buildings fronting the right-of-way, regardless of height, except for detached 1 or 2 family homes.

How long will Owners have to correct hazardous conditions?

Hazardous conditions must be corrected within 90-days.

What type of Observations are made during the Parapet Inspection?

* Any appurtenance attached to or supported by a parapet,

* A projecting horizontal cornice member or assembly that crowns a wall, or

* A Gooseneck handrail that terminates at the top of a roof or parapet,

What are the Observation Requirements per the New Rule

* Observations must be performed annually by competent person to inspect parapets.

* Must include close-up inspections of the entire parapet.

* Close-up inspections can be conducted from a fire escape.

* Must include a determination that the parapet is plumb by a horizontal distance within 1/8 of its cross-sectional thickness in any location,

* Must include a determination of whether there is excessive deterioration, including but not limited to displacement, horizontal or diagonal cracks, missing or loose bricks or coping stones, deteriorated mortar joints, spalling or not.

* Must include a determination that appurtenances such as telecommunications equipment, railings, roof access rails, gooseneck ladders and handrail attachments for fire escapes, and signs have been installed and maintained in stable condition.

Report Requirements

A Report shall be prepared in accordance with the Requirements and must be completed by the person performing the Observation or by the Owner in consultation with the person performing the observation.

The Report must include:

* Address and any other associated addresses for the building.

* The name, mailing address and telephone number of the Owner of the Building.

* Name of the person performing the observation, together with their mailing address, telephone number, affiliation with the building or owner, and business name.

* Date of the observation.

* Location plan of the parapet(s) observed.

* The construction of the parapet, including but not limited to material, height and thickness.

* General conditions noted, whether any unsafe conditions were found, and actions taken to remedy the unsafe conditions.

* Any repairs made to the parapet since the previous report.

* Dated photos documenting parapet conditions.

Ponte Project Management is pleased to offer this Parapet Observation Service in accordance with requirements and provide you with the Report required to comply with DOB. Although these reports are not filed, they are required to be maintained for DOB Inspection for six (6) years.