New York City’s Local Law 126 of 2021 introduced a framework to enhance the safety and integrity of parking structures within the city, which are particularly susceptible to structural failures due to factors such as accelerated aging due to heavy vehicle usage, corrosion from moisture and deicing salts, and insufficient maintenance. Given the ever-increasing demand for parking spaces and the potential risks associated with aging or inadequately maintained structures, this legislation is vital in maintaining safety. A thorough understanding of the mandatory parking inspections rule can help parking structure owners navigate the inspection process, fulfill their compliance responsibilities, prevent penalties, and maintain the safety of their structures, customers, employees, and the public at large.
What is Local Law 126 and the Periodic Inspection of Parking Structures (PIPS) program?
In response to the 2015 collapse of a two-level parking structure near Binghamton, New York, the state implemented a mandate for periodic assessments of parking garages. Previously, New York City was exempt from these state regulations. However, as of January 1, 2022, Local Law 126 of 2021 introduced a new Article 323 to Title 28 of the Administrative Code, requiring NYC parking structures to be inspected by January 1, 2028, and at least every four years thereafter. The Department of Buildings (DOB) refers to the regulations established by Local Law 126 as the Periodic Inspection of Parking Structures (PIPS) program.
Under the law, parking structure owners must engage a New York State licensed professional engineer designated as a Qualified Parking Structure Inspector (QPSI) to assess the building’s structure and appurtenances. The QPSI must have a minimum of three years of relevant experience in parking structures and undergo a formal certification process by the New York City Department of Buildings (DOB). They are responsible for assessing the building’s structure and appurtenances and filing a condition assessment report with the Department of Buildings (DOB). This report classifies the structure as either Safe, Safe with Repairs and/or Engineering Monitoring (SREM), or Unsafe. This inspection process is similar to the city’s Facade Inspection Safety Program (FISP) for periodic facade inspections.
What does the inspection entail?
As part of the inspection process, otherwise known as a condition assessment, the following must be reviewed if available: structural design or repair drawings, violations, and FISP reports where applicable, and starting with the second cycle, the most recent compliance report, any available previous reports, and all annual observation checklists for the prior cycle.
The QPSI must then design a condition assessment program based on the type of construction of the parking structure, age of the material components, environmental conditions, and the presence of specific details and appurtenances. Consideration must also be given to the structure’s history of maintenance and repairs.
The inspection is conducted by via a combination of visual and hands-on evaluation, as follows:
Visual Inspection
The visual inspection is conducted using high-powered binoculars (where necessary) and high-resolution cameras.
Physical Examination
Physical examination must be conducted on a minimum of 10% of each type of structural element (e.g. beams, columns, slabs) within the parking structure, with a focus on any areas with observed deterioration. The physical examination will include, but not limited to, sounding, load tests, optical surveys, non-invasive scanning, and cores where applicable.
Note: The facade of the structure can be excluded from the scope of the inspection if the building is already subject to FISP requirements, or the parking structure takes up less than 50% of the total building square footage.
What are the report requirements?
The condition assessment report must include documentation of existing conditions, description of the structure’s load-resisting systems, maintenance and repair history since the previous inspection cycle, itemized recommendations with a specific timetable for each repair item, photographs of representative conditions, and a site plan indicating required work locations.
The QPSI must also develop a unique annual observation checklist during the initial condition assessment containing baseline items that must be inspected annually or at more frequent intervals.
What is the annual observation checklist and annual inspection requirement?
All parking structures must have an annual checklist inspection based on the checklist developed during the initial condition assessment. The inspection must be performed by or under the supervision of a Qualified Parking Structure Inspector (QPSI). Any Unsafe conditions that are observed must be reported to the DOB. Copies of each completed annual observation checklist must be maintained at the parking structure.
What are the filing classifications?
Safe: Parking structures filed as Safe require no further action.
Unsafe: Conditions that are hazardous to persons or property and require repair within 90 days from the submission of the compliance report.
Safe with Repairs and/or Engineering Monitoring (SREM): Conditions that are Safe at the time of inspection, but are deemed to be at risk of developing into Unsafe conditions within the next six years, will be filed as SREM. For each SREM condition, the QPSI must recommend repairs to be made along with a specific repair time frame.
What happens if an Unsafe condition is found?
If an Unsafe condition is discovered, the DOB must be notified immediately, and appropriate protective measures recommended by the QPSI must be taken.
Once a building has filed an Unsafe Report, owners must either complete required repairs to correct any Unsafe condition within 90 days, or where 90 days is not a sufficient amount of time to complete the work, submit an extension request to the DOB.
The DOB typically grants a 90-day extension, as long as adequate safety measures are in place and the QPSI has recommended a repair timetable. Additional extensions can then be requested and granted every 90 days as needed, until the work is completed. As long as extensions are approved and maintained during the repair program, the DOB will not assess any fines.
The owner is then responsible for ensuring that the repairs to correct Unsafe conditions are made within this timeframe. Within two weeks after Unsafe conditions have been corrected, the QPSI must inspect the parking structure and file an Amended Report to upgrade the building status to SREM or Safe. If the report is rejected by the DOB, a revised report must be filed within 45 days of the date of the rejection. Protective measures must remain in place until an Amended Report is accepted.
When must SREM conditions be repaired by?
Owners must ensure all SREM conditions are corrected within the specific repair time frame recommended by the QPSI, and are not left to deteriorate into Unsafe conditions. A follow-up assessment is required within two years of the initial inspection, after which an amended report must be submitted to the DOB. The QPSI must file the report within 60 days of the final inspection date.
It is important to note that outstanding SREM conditions cannot be carried over from one inspection cycle to the next. Any condition reported as SREM that is not corrected by the next cycle inspection must be reported as Unsafe.
When are the inspection and report deadlines?
Parking structure inspection and report filing deadlines are divided into cycles, occurring every six years*. Inspection cycles are each further divided into three sub-cycles consisting of a two-year window in which condition assessment reports must be filed, based on Borough and Community District. The filing windows for the 1st Cycle, which began on January 1, 2022, are as follows:
- A: Manhattan Community Districts 1, 2, 3, 4, 5, 6, and 7 (59th Street and below, and Upper West Side to 110th Street). Reports must be filed between January 1, 2022 and December 31, 2023.
- B: Manhattan Community Districts 8, 9, 10, 11, and 12 (Upper East Side above 59th Street, and all of Upper Manhattan above 110th Street); and all Brooklyn Community Districts. Reports must be filed between January 1, 2024 and December 31, 2025.
- C: All Bronx, Queens, and Staten Island Community Districts. Reports must be filed between January 1, 2026 and December 31, 2027.
*Starting January 1, 2028, inspection cycles will occur every four years. The DOB has yet to release specific details regarding these inspection cycles.
Initial Observation Inspection Requirement Deadline Has Passed
The DOB adopted new amendments in 2023 requiring Sub-cycle 1B and 1C parking structures in New York City to undergo an initial inspection performed by or under the supervision of a Qualified Parking Structure Inspector (QPSI) by August 1, 2024. This additional requirement is in addition to their first sub-cycle inspection mandate.
For owners of parking structures in upper Manhattan, Brooklyn, Queens, the Bronx, and Staten Island who have not yet undergone the required inspection, schedule an inspection immediately to avoid accruing further penalties. Read our Initial Observation Inspection FAQ for more information.
When must new buildings file?
Initial compliance reports for newly constructed buildings that are governed by Parking Structure Inspection reporting requirements must be filed six years from the date the initial Temporary Certificate of Occupancy (TCO), Interim Certificate of Occupancy (ICO), or Certificate of Occupancy (CO) was issued within the property’s sub-cycle filing window. If six years from the date of the TCO/ICO/CO falls out of the property’s sub-cycle filing window, the initial report must be filed within the applicable sub-cycle window of the next six-year cycle.
For example, if a building in Queens Community District 1 was issued its initial TCO on January 15, 2021, the owner would be required to file the initial condition assessment report no later than the 1st Cycle deadline for that property of December 31, 2027.
If, however, the same building received its initial TCO on January 15, 2022, the owner would not have to file for the 1st Cycle because the filing deadline (December 31, 2027) will pass before the initial TCO is six years old (January 15, 2028). In this case, the owner will not have to file until the 2nd Cycle Sub-cycle C deadline, projected to be December 31, 2033.
What kinds of parking structures must be inspected in New York City?
Parking structures that meet inspection requirements include:
- Buildings, or portions of a building, used for parking or storing motor vehicles, including space inside or underneath buildings
- Open parking garages and enclosed parking garages as defined in the NYC Building Code
What types of parking structures are exempt from New York City inspection requirements?
Exempt from compliance are:
- Autobody and automotive repair shops, automotive showrooms, and automotive service stations
- Loading docks
- Garages with occupancy of fewer than three cars
- Unenclosed, unattached outdoor parking lots
- Private garages serving one- and two-family homes
What’s the difference between a Subsequent Report and an Amended Report?
A Subsequent Report changes the status of a previously filed Safe or SREM Report within a six-year report filing cycle, reflecting changed conditions or the recommended time frame for repairs of SREM or Unsafe conditions. An Amended Report changes the status of a previously filed Unsafe Report to SREM or Safe after Unsafe conditions reported in the initial report have been repaired.
What is an appurtenance?
In addition to the main structural components of a parking facility, appurtenances must also be examined by the QPSI. Appurtenances are supplementary elements that enhance and support the primary functions of a parking structure, encompassing a range of architectural, structural, and operational features. These include, but are not limited to, rolldown gates, attendant booths, lighting fixtures, gates, staircases, fire protection, column protection, signs, parapets, railings, guard rails, enclosures, antennae, bollards, vehicle barriers, vehicle impact protection, electric vehicle charging stations, and any other equipment attached to the parking structure. Not considered appurtenances: mechanical devices for vehicles moving from and to street levels or within the structure such as parking machines, lifts, mechanical stackers, automated parking systems, and elevators in which public occupancy is prohibited.
What are the filing fees?
Initial filing: $305
Amended/subsequent filing: $85
Application for extension of time to complete repairs: $65
What are the civil penalties for non-compliance?
Late Filing: $1,000/month.
Failure to File: $5,000/year.
Failure to Conduct Annual Observation Inspection: $1,250 (Standard); $10,000 (Max).
Failure to Notify Unsafe Conditions: $2,500 (Standard); $25,000 (Max).
Failure to Correct Unsafe Conditions: $1,000/month.
Failure to Take Measures to Ensure Public Safety for Unsafe Conditions: $10,000 (Standard), $25,000 (Max).
Failure to File Amended Report for Correcting Unsafe Conditions: $1,250 (Standard); $10,000 (Max).
Failure to File Amended Report for Correcting SREM Conditions: $1,250 (Standard); $10,000 (Max).
Failure to Correct SREM Conditions: $2,000 (One-time Penalty).
False Statements: $20,000 (Standard); $25,000 (Max).
Unsafe General Building Maintenance: $2,500 (Standard), $25,000 (Max).
Exterior Wall Violations: $5,000 (Standard), $25,000 (Max).
Can you challenge a penalty?
Owners may challenge a penalty by providing proof of compliance. Proof must include, although is not limited to, a copy of an acceptable initial compliance report, a copy of the acceptable amended report, copies of approved extension of time requests while work was/is in progress or written proof from a QPSI that the unsafe conditions observed at the parking structure were corrected and the violation was dismissed. Challenges must be made in writing within 30 days from the date of the violation and sent to the office/unit of the DOB that issued it.
Is New York City subject to the New York State Parking Garage Rule?
Since 2019, New York State has required that owners of parking garages obtain an operating permit and conduct periodic inspections at least every three years. Each city, town, village, county, or governmental unit/agency, also known as the “authority having jurisdiction,” is responsible for administering and enforcing the rule. However, New York City maintains its own building code requirements, so buildings within the city boundaries are not subject to the state’s deadline.
An Ounce of Prevention
Regular maintenance is essential for the safe and efficient operation of any building, including parking structures. This involves conducting regular inspections, implementing preventative measures, and promptly addressing any issues to prevent them from becoming larger problems. Following these best practices can help to enhance the safety and longevity of parking structures. To learn more about these maintenance guidelines, please refer to our article on Maintenance Best Practices for Parking Structures.
The harsh winter conditions in New York City can be particularly challenging for parking structures, as they can cause rapid deterioration of concrete and steel. As a result, owners must be diligent about maintaining their structures to prevent any potential issues caused by these conditions.
The Periodic Inspection of Parking Structures program/Local Law 126 of 2021 plays a critical role in maintaining the safety of New York City’s parking structures. Although complying with strict inspection and maintenance protocols might seem onerous, these measures ultimately help prevent more costly future repairs, safeguard personal property, and minimize the risk of catastrophic failures that could endanger lives.
Contact RAND
Our parking structure-related structural engineering services include:
- NYC Periodic Inspection of Parking Structures (PIPS)/Local Law 126/21 inspections conducted by experienced QPSIs
- Compliance assistance to ensure adherence to regulations
- Comprehensive parking garage inspections to identify structural issues
- Customized repair programs tailored to address specific maintenance needs
- Structural assessments and maintenance recommendations
- Emergency inspections for structural failures or urgent situations
- Damage assessment and repair services following emergencies or natural disasters
For more information on New York City’s Periodic Inspection of Parking Structures (Local Law 126) program, or to schedule an inspection with a RAND QPSI, contact RAND at 212-675-8844 or info@randpc.com.