Annual Parapet Observation Requirements and law (pdf)

Annual Parapet Observation Requirements in New York City Law: Overview, Exceptions, and FAQs

Beginning January 1, 2024, New York City implemented a new law requiring the annual observation of parapets on buildings that front public right-of-ways, such as streets, sidewalks, avenues, or roadways. This mandate is part of the city’s ongoing efforts to enhance public safety by ensuring that building parapets are structurally sound and do not pose risks to pedestrians and other users of public spaces.

This article will break down the specific requirements of the annual parapet observation mandate, highlight key exceptions, and provide answers to commonly asked questions about the law.

Understanding the Parapet Observation Requirement

What is a Parapet?
A parapet is a low protective wall or barrier that extends vertically from the edge of a roof, balcony, or terrace. Parapets are found on buildings of all heights and serve as a safety barrier, often adding architectural appeal to the structure. Over time, however, parapets can become susceptible to weathering and structural decay, leading to safety hazards if not properly maintained.

Why Was This Law Enacted?
The law was enacted as part of New York City’s safety initiatives to minimize accidents involving deteriorating parapet structures. Annual parapet observations are intended to address potential hazards early on, preventing accidents related to parapet failure, which can occur due to aging materials, water infiltration, or insufficient maintenance.

Who Must Comply?
Under NYC Administrative Code §28-301.1.1 and Title 1 of the Rules of the City of New York §103-15, all building owners with parapets facing public right-of-ways are required to conduct an annual observation. This applies to buildings of all heights, whether commercial, residential, or mixed-use.

Key Requirements for Parapet Observation

1. Frequency: The observation must be conducted annually.
2. Qualified Personnel: The observation should be performed by a qualified inspector, typically a licensed engineer or architect who is certified to conduct building façade inspections.
3. Documentation: After each observation, a detailed report must be filed with the Department of Buildings (DOB) that includes the parapet's condition, any signs of damage or wear, and recommendations for repairs or preventive maintenance.
4. Timely Repairs: If any structural issues are identified, the building owner is responsible for addressing these promptly to maintain parapet integrity and ensure public safety.
5. Compliance: Building owners are responsible for ensuring that the observation and any necessary repairs are completed according to DOB guidelines. Failure to comply can result in fines and additional DOB enforcement actions.

Exceptions to the Annual Parapet Observation Requirement

While the law covers most buildings with parapets fronting public spaces, there are some exceptions. Not all buildings are required to have an annual parapet observation:

1. Buildings Without Parapets Facing Public Right-of-Ways: If a building’s parapet does not face a public street, avenue, sidewalk, roadway, or any other designated public space, it is exempt from this requirement.
2. Recent Construction or Major Renovations: Buildings that have recently been constructed or have undergone comprehensive façade renovations within the past year may qualify for an observation exemption, although they must still comply in subsequent years.
3. Single-Family Homes and Some Low-Risk Structures: Certain residential properties, particularly single-family homes, may be exempt depending on the design and usage of their parapets, as specified by the DOB.

Building owners should consult the DOB or a qualified professional to determine if their property qualifies for an exemption.

Frequently Asked Questions (FAQs)

Q1: What is the purpose of an “annual observation” versus a “full inspection”?
The annual observation is a visual assessment focused on identifying obvious signs of deterioration or damage to parapets. Unlike the comprehensive Façade Inspection Safety Program (FISP), the annual observation does not require extensive testing but ensures that any visible issues are documented and addressed.

Q2: Do I need to hire a professional every year?
Yes, the observation must be carried out by a qualified professional, such as a licensed engineer or architect with DOB certification to ensure accuracy and compliance with building safety standards.

Q3: What happens if issues are found during the observation?
If an observation identifies issues with the parapet’s structural integrity, the building owner must arrange for timely repairs. Failure to do so could lead to DOB penalties and an escalation to a more formal inspection if necessary.

Q4: Are there penalties for non-compliance?
Yes, building owners who fail to comply with the observation requirement or delay necessary repairs may face fines, and the DOB could initiate additional enforcement actions.

Q5: How can I document compliance?
After each annual observation, building owners should ensure that the inspector provides a report documenting the parapet’s condition and any recommended actions. This report should be kept on file for DOB review if requested.

Q6: Is the observation limited to the building’s front-facing parapets?
Yes, only parapets that front a public right-of-way, such as a street or sidewalk, are subject to this annual observation requirement. Parapets that do not face public areas are not included.

Q7: What qualifies as a “public right-of-way”?
A public right-of-way includes streets, avenues, sidewalks, roadways, or any other public place accessible to the general public. Buildings with parapets facing such areas must comply with the observation requirement.

Q8: Are there any DOB-approved alternatives to an annual observation?
As of now, no alternative methods are approved. The annual observation requirement ensures that parapets undergo routine checks by certified professionals, even if they seem to be in good condition.

Best Practices for Compliance

To ensure compliance with the new law, building owners should consider the following steps:

1. Hire a Licensed Inspector: Schedule an annual observation with a licensed engineer or architect who can provide documentation and recommendations if repairs are needed.
2. Keep Documentation: Maintain records of each annual observation and any follow-up repairs in case of a DOB review.
3. Conduct Preventive Maintenance: Implement a maintenance schedule for parapets to address minor issues before they become more significant problems.
4. Stay Informed: Keep up-to-date with any new rules or changes to the parapet observation requirements by regularly consulting the DOB website or speaking with a licensed professional.

Conclusion

The NYC annual parapet observation requirement aims to keep New York City’s streets and sidewalks safer for everyone. This law mandates regular observation of parapets on buildings facing public spaces, reinforcing the city’s commitment to proactive building maintenance and public safety. By adhering to the law and conducting necessary repairs, building owners contribute to a safer environment while also protecting themselves from potential liabilities.

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