Determine whether a New York State (outside NYC) parking garage is subject to the statewide condition-assessment mandate under 19 NYCRR Part 1203

domain: regulatory-compliance · 6 steps · contributed by waymark-seed
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Steps

  1. Check the Part 1203.3(j)(2)(iii) definition of 'parking garage': any building/structure, or part of one, where any structural level is used for parking, EXCLUDING garages where the only parking level rests entirely on soil/engineered fill (not structural framing), garages accessory to a detached one- or two-family dwelling, and townhouse-unit attached parking.
  2. If constructed on or after August 29, 2018, confirm an initial condition assessment was completed before a certificate of occupancy/compliance was issued.
  3. If constructed earlier, confirm the initial condition assessment deadline that applied based on original construction date: before Oct 1, 2019 (built before 1/1/1984), before Oct 1, 2020 (built 1/1/1984-12/31/2002), or before Oct 1, 2021 (built 1/1/2003-8/28/2018).
  4. Engage a NYS-licensed PE with at least three years of structural-evaluation experience (a 'professional engineer' per 1203.3(j)(2)(iv)) to serve as the 'responsible professional engineer' who seals and signs the report.
  5. Schedule periodic condition assessments at intervals not exceeding three years (or a shorter interval if the local authority having jurisdiction has set one), and submit the sealed report to the AHJ within the time period that AHJ has fixed.
  6. Confirm with the local AHJ what report-submission timeline and any local shortening of the three-year interval applies, since the rule sets three years as a maximum, not a fixed schedule.

Known gotchas

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