New Parapet Inspections for NYC Coops and Condos

Can you believe that New York City coops and condos have yet another law to follow? In a city known for its complex web of regulations, Local Law 126 of 2021 (LL126) adds another layer of responsibility to building owners. This law mandates an annual inspection of parapets, those often-overlooked structures that adorn our city's buildings. While the law primarily targets parking garage inspections, it's essential to note that parapet inspections are a crucial aspect of this regulation.

What is a Parapet Wall?

Parapet walls are mainly found on flat roofs, like those on New York City multifamily buildings. Serving as an extension of the vertical wall at the side of a building past the roofline, they are required for all buildings taller than twenty-two feet, which is approximately two stories. According to the current NYC Building Code, parapets must be at least 42 inches in height and constructed of sturdy materials that can withstand wind and weather. They can be a combination of wall and fence.

What is the difference between FISP and Local Law 126?

The façade inspection safety program (FISP) requires buildings six stories and taller to inspect their facades, including the parapets. Approximately 15,000 FISP buildings are required to file SAFE, SWARMP, or UNSAFE by a qualified professional engineer every five years. The FISP buildings will now need to add an annual inspection of their parapets.

The parapet inspections, stipulates that all New York City buildings "fronting on the right-of-way" must undergo an annual parapet inspection to ensure the safety and structural integrity of parapets to protect the public and prevent potential hazards. The parapet inspection law is for all buildings except detached one and two-family homes. Covering approximately 100,000 buildings, the question is whether the industry has enough resources for all buildings to comply.

Who can perform the Parapet Inspections?

One notable aspect of LL126 is the definition of a "qualified inspector." While the term may conjure images of specialized professionals, it's important to know that the law allows your building's resident manager, super, or managing agent to serve as the inspector, as long as they follow the proper filing procedures.

While the FISP inspections are categorized as Safe, SWARMP, and Unsafe, parapet inspections that uncover any unsafe conditions need to notify the Department of Buildings immediately. Moreover, building owners or inspectors must take swift and appropriate action to protect the public. This can include the installation of safety measures such as sidewalk sheds, netting, or fencing to prevent any potential dangers from affecting pedestrians or nearby properties. The issue identified during the inspection must also be addressed and corrected promptly to ensure the safety of all residents and passersby.

It will be interesting to see how the parapet inspection requirements will affect the city’s new Get Sheds Down program, introduced by Mayor Adams.

What are the risks associated with inspecting the parapet?

Building owners, managers, and co-op and condo boards need to carefully consider the liability involved with “self-inspection.” For the 15,000 FISP buildings that are inspected by a qualified PE every five years, the property owner or management might be willing to take on the liability and do the inspections in-house in the non-FISP years.

For all non-FISP buildings that inspected and repaired their parapets 30, 50, 100 years ago or in some cases, never, the liability involved with inspecting the parapets themselves might be too much of a liability to take on. It is likely very few property managers, resident managers, supers, or even condo or coop boards that would risk performing self-inspections for these buildings.

Do we need to file the parapet inspections?

LL 126 doesn't just stop at the inspection itself. Building owners or the individuals performing the inspection must prepare a detailed report of their findings. This report serves as a vital record of the inspection's results and any actions taken to address identified issues. Crucially, this report must be retained by the building for a period of six years, ensuring that a comprehensive record of parapet inspections is maintained.

When do we need to comply with the parapet law?

Buildings over two stories need to comply between January 1st, 2024 and December 31, 2024, and then annually thereafter.

The deadline was changed in response to suggestions provided during the hearing on the rules. Notably, organizations such as the Council of New York Cooperatives and Condominiums (CNYC) and others played a role in shaping these modifications. These adjustments aim to make the compliance process more efficient and effective while addressing the concerns of co-op and condo boards.

In conclusion, Local Law 126 of 2021 introduces a new compliance requirement for coop and condo boards in New York City. While primarily focused on parking garage inspections, it's crucial to recognize the significance of parapet inspections in ensuring public safety. Building owners and designated inspectors, which can include supers and managing agents, must adhere to the annual inspection and reporting obligations outlined in the law. As coop and condo boards and their property managers navigate these new responsibilities, staying informed and proactive is key to ensuring compliance and the continued safety of our city's residents and visitors.

Have an upcoming project that the building’s engineer or property manager is getting bids for? Get a second opinion on the cost of the project so that you don’t have to assess your coop or condo owners. We welcome any size project, but large and frequent savings are for façade inspection safety programs (FISP) and elevator replacements. Set up a strategy call to hear more about this.