Effective August 29, 2018, Parts 1202, 1203, and 1204 of Title 19 of the New York Code, Rules, and Regulations (19 NYCRR) were amended to require Cities, Towns, Villages, Counties, and State agencies, who are responsible for administering and enforcing the New York State Uniform Fire Prevention and Building Code, to require the owners of parking garages to obtain operating permits and have periodic condition assessments of their parking garages.

WHO CAN PERFORM THE ASSESSMENTS?

These assessments must be performed by a qualified Professional Engineer who is licensed to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations.

INITIAL & PERIODIC CONDITION ASSESSMENTS

This amendment requires that all public and private parking garages with vehicle parking or storage levels above grade shall undergo an initial condition assessment, periodic condition assessments at least once every three years, and additional condition assessments as may be required based on the results of the previous evaluation (some exceptions apply).  The assessments shall document the overall structural condition of the parking garage, and shall specifically address the following items:

• areas of deterioration or unsafe conditions;
• conditions that could cause deterioration or unsafe conditions;
• recommendations for repairs or corrective actions to address these conditions;
• an evaluation and description of the risks associated with not addressing the deterioration or unsafe conditions, or the conditions that could cause deterioration or unsafe conditions; and
• recommendations for the time interval for conducting the next condition assessment.

The Authority Having Jurisdiction over each parking garage shall review every condition assessment report and take the actions necessary to protect the public from any identified hazards. Such actions include requiring the owner/operator of the parking garage to repair or remedy conditions that could or are causing deterioration or unsafe conditions. Depending on the information within the condition assessment report, a parking garage’s operating permit could even be suspended or revoked.

TIMELINE FOR INITIAL STRUCTURAL CONDITION ASSESSMENT

The required timeline for conducting an initial condition assessment of all parking garages is as follows:

NEW PARKING GARAGES

• After construction is complete and prior to issuance of a Certificate of Occupancy or Certificate of Compliance.

EXISTING PARKING GARAGES

• If originally constructed prior to January 1, 1984, then prior to October 1, 2019.
• If originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020.
• If originally constructed between January 1, 2003 and August 29, 2018, then prior to October 1, 2021.

To comply with this NYS rules, Incorporated Village of Valley Stream enacted local law 6 of 2019.