Periodic Condition Assessments of Parking Garages in NYC - Local Law 126 of 2021
As of January 1, 2022, The Department of Buildings (DOB) began enforcing Local Law 126 of 2021, which require owners of parking structures to hire a NYS licensed and registered Professional Engineer to inspect the structure at least once every six years and file a report with the DOB documenting the results of the inspection.
Included in this law are:
- Buildings, or portions of a building, used for parking or storing motor
vehicles, including space inside or under a building
- Open parking garages and enclosed parking garages as defined in the NYC Building Code.
Below is a brief summery of requirements and classifications.
Requirements
- Inspections must be conducted by a NYS registered Professional Engineer (PE).
- These assessments must be performed every six (6) years.
- Similar to FISP, filings will be by Sub-cycles.
- Annual observations should be completed between assessments and do not require a PE.
- Records of both assessments and annual observations should be available.
- Filing fees, fines and penalties can be found here.
Classifications
- Safe
- Unsafe (If Unsafe, the DOB will be notified immediately and protection installed, followed by repairs.)
- Safe with Repair and/or Engineering Monitoring (A follow-up inspection will be required within a three year period.)
Exceptions (Not required to comply)
- Autobody and automotive repair shops, automotive showrooms, and automotive service stations
- Garages with occupancy of fewer than three cars
- Unenclosed, unattached outdoor parking lots
- Private garages serving one- and two-family homes.
Deadlines
- Manhattan Community Districts 1, 2, 3, 4, 5, 6, 7: January 1, 2022 - December 31, 2023
- Manhattan Community Districts 8, 9, 10, 11, 12 and Brooklyn: January 1, 2024 - December 31, 2025
- Bronx, Queens, and Staten Island Community Districts: January 1, 2026 - December 31, 2027
If you need immediate assistance, or would like to schedule a preliminary garage inspection to determine existing areas of concern, please feel free to contact us. Our team has extensive experience with garage investigations and restoration projects. Continue reading for more information about LL 126.
LL 11 SUB-CYCLE C FILING WINDOW NOW OPEN
Any buildings 6+ stories with a building block # ending in 1, 2 or 3, may now file their 9th Cycle Local Law 11/98 (FISP) report under Sub-Cycle C.
For any buildings with a building block # ending in 0, 7 or 8 (Sub-Cycle B), now is the time to address all SWARMP and UNSAFE items from your previously filed report, as your 9th Cycle report must be filed by February 21, 2023 to avoid any fines or penalties, which have increased significantly since the last cycle.
For the most up-to-date information, including recent amendments and 9th Cycle changes, please visit our website, or feel free to contact us at info@merrittengineering.com.
New Fannie Mae Requirements for Cooperatives and Condominiums
In the wake of the tragic collapse of the Champlain South Tower in Surfside, Florida, residential buildings with aging infrastructure and significant deferred maintenance are a growing concern across the nation, especially regarding condo and co-op buildings that were built more than twenty years ago. In response to the concerns about projects with significant deferred maintenance, Fannie Mae is issuing temporary requirements that impact the eligibility of condo and co-op projects containing attached units.
Among the many important requirements are:
Significant deferred maintenance and unsafe conditions
Loans secured by units in condo and co-op projects with significant deferred maintenance or in projects that have received a directive from a regulatory authority or inspection agency to make repairs due to unsafe conditions are not eligible for purchase. For example, if your building was categorized as Unsafe or Safe With a Repair and Maintenance Program (SWARMP) during the latest Local Law 11/98 (FISP) inspection, these conditions will make the building ineligible.
Special assessments
Any current or planned special assessment, as it relates to deferred maintenance, even if paid in full for the subject unit, must be reviewed to determine if the association has the ability to fund any repairs. It is important to note that all repairs must be fully completed for special assessments relating to safety, soundness, structural integrity, or habitability.
Reserve requirements
Reserve studies are an important tool to help HOAs plan for future needs. It is best practice for HOAs to obtain a reserve study, keep it updated, and follow its recommendations for reserves and maintenance schedules. Fannie Mae has only strengthened its reserve study requirements. Co-op and condo boards are required to keep a 10% operating budget in order to address immediate, crucial repairs. Projects that budget less than 10% of the HOA's assessment income may be at increased risk of significant deferred maintenance and special assessments.
Performing a reserve study will result in a clear understanding of immediate and future repairs and how to plan projects accordingly. If you need assistance, we would be happy to help you prioritize your buildings' future repairs. Please feel free to contact us at info@merrittengineering.com to schedule your building's inspection today.
For more details on these new requirements and guidelines, which are temporary until further notice, read Fannie Mae’s Lender Letter.
Jersey City Facade & Structural Inspections
As a reminder for qualifying Jersey City buildings, Jersey City recently mandated facade and structural inspections for qualifying buildings at the direction of the Construction Code Official. The requirements mirror that of the Local Law 11/98 (FISP) rules established by the NYC DOB to keep buildings, and the residents that live within them, safe.
Facade
Buildings 6 stories or more, or 4 stories or more for masonry facade
The inspection must include all exterior walls and appurtenances. The initial inspection must be completed by December 31, 2023, and repeated
every five (5) years thereafter. Inspections must be completed by a qualified Professional Engineer or Registered Architect.
Structural
Concrete Buildings Only
The inspection must include all foundations, balconies, structural members, and waterproofing systems. The initial inspection must be completed by December 31, 2022, and must be completed every ten (10) years thereafter. Inspections must be completed by a qualified Professional Engineer or Registered Architect.
For over 35 years, Merritt Engineering has performed thousands of exterior façade inspections and has implemented cost-effective repair programs for
buildings throughout the Tri-State Area. We will continue to provide additional information regarding Jersey City's safety inspections as it is made available.
If you need immediate assistance, please feel free to contact us at (718) 767-0923.
Florida News - New Law Imposes Fiduciary Duty for Repairs on Building Owners
Condo owners throughout Florida could face significant increases in their association fees as the result of a recently passed law (PCB PPE 22-03), which imposes strict new financial requirements on building owners to pay for structural repairs.
The goal of the bill is not only to tighten inspection requirements and the financial responsibility of building owners, but also to make building maintenance information public record to new home buyers, existing homeowners and public officials – with the aim of keeping condo associations accountable for their financial obligations.
The law also requires buildings that have been occupied for 30 years (or 25 years if within three miles of the coast) to undergo recertification inspections. Inspections every 10 years are required thereafter.
For additional information, please read the bill in its entirety.
Our FL team has performed hundreds of inspections to confirm safe building conditions and are available to answer any questions you may have. Please feel free to contact us at (954) 691-0009.
How can we help you?
We are currently helping several of our clients get their buildings in shape, coordinating inspections and testing, leak investigations, façade and roofing restoration projects. All projects are managed efficiently by our team from beginning to end and are designed to provide sustainable, cost-effective results. We believe in providing our clients with the quality service they deserve. We would be happy to do the same for you.
Call us today at (718) 767-0923.
About Us
Established in 1986, Merritt Engineering has become a leading Engineering firm specializing in Building Restoration and Structural Design. We have extensive experience in Façade Restorations, Roofing & Waterproofing, Historic/Landmark Preservation, Design/Rehabilitations and Construction Administration.
For over 30 years, we have delivered customized, practical and cost-effective engineering solutions to properties throughout the United States including commercial, residential, healthcare, government and educational facilities. Today, Merritt continues to build a strong reputation through its commitment to preserving and enhancing our city’s skyline.
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