[HISTORY: Adopted by the Common Council of
the City of Glen Cove 7-23-2019 by L.L. No. 04-2019. Amendments noted where applicable.]
The Common Council makes the following findings of fact:
A. Maintaining safe parking garages is a priority for the City.
B. The City has elected to administer and enforce the Uniform Fire Prevention
and Building Code and State Energy Conservation Construction Code,
and by the amended regulations, is now required to implement an enforcement
program for inspection of parking garages.
C. Therefore, the Common Council intends for this chapter to implement
the above-described enforcement program for inspection of parking
garages.
A. An operating permit shall be obtained from the Director of Public
Works or the Building Department Administrator for the operation of
a parking garage prior to such operation.
B. The Director of Public Works or the Building Department Administrator
may promulgate reasonable rules and regulations for the granting of
permits, including but not limited to requiring;
(1) The submittal of plans and/or specifications for such structure;
(2) Initial condition assessments;
(3) Periodic condition assessments; and
(4) The installation and/or testing records for fire protection equipment
or systems in use of said structure.
C. Upon receipt of such application, the Director of Public Works or
the Building Department Administrator shall cause the parking garage
to be inspected for compliance with the Uniform Fire Prevention and
Building Code of New York State.
D. No permit for a parking garage shall be granted if, in the opinion
of the Director of Public Works or the Building Department Administrator,
such structure is not in compliance with the Uniform Fire Prevention
and Building Code.
E. An operating permit for an area of parking garage shall be effective
for a period not to exceed three years. An application for renewal
must be made prior to the expiration of the current permit.
F. An operating permit for a parking garage may be suspended or revoked
if, in the opinion of the Director of Public Works or the Building
Department Administrator, there is a violation of the Uniform Fire
Prevention Code of New York State resulting in immediate danger to
the life or health of occupants thereof.
G. Fees for an operating permit for parking garages or for renewal of
such permit shall be established by the Glen Cove City Council and
amended from time to time, in accordance with this chapter of the
Glen Cove City Code.
A. Definitions. For the purposes of this section:
CONDITION ASSESSMENT
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
DETERIORATION
The weakening, disintegration, corrosion, rust or decay of
any structural element or building component, or any other loss of
effectiveness of a structural element or building component.
PARKING GARAGE
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding;
(1)
Buildings in which the only level used for parking or storage
of motor vehicles is on grade;
(2)
An attached or accessory structure providing parking exclusively
for a detached one-or two-family dwelling; and
(3)
A townhouse unit with attached parking exclusively for such
unit.
PROFESSIONAL ENGINEER
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
RESPONSIBLE PROFESSIONAL ENGINEER
The professional engineer who performs a condition assessment
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
UNSAFE CONDITION
Includes the conditions identified as "unsafe" in §§ 304.1.1.
305.1.1. and 306.1.1 of the 2015 edition of the International Property
Maintenance Code (or publication currently incorporated by reference
in 19 NYCRR Part 1226).
UNSAFE STRUCTURE
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B. Condition assessments: general requirements. The owner-operator of
each parking garage shall cause, at its sole cost and expense, such
parking garage to undergo an initial condition assessment as described
in Subdivision C of this section, periodic condition assessments as
described in Subdivision D of this section, and such additional condition
assessments as may be required under Subdivision E of this section.
Each condition assessment shall be conducted by or under the direct
supervision of a professional engineer. A written report of each condition
assessment shall be prepared and provided to the Director of Public
Works or the Building Department Administrator in accordance with
the requirements of Subdivision F of this subsection. Before performing
a condition assessment other than the initial condition assessment)
of a parking garage, the responsible professional engineer for such
condition assessment shall review all available previous condition
assessment reports for such parking garage.
C. Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1) New parking garages shall undergo an initial condition assessment
following construction and prior to a certificate of occupancy, certificate
of compliance, or operating permit being issued for the structure.
(2) Existing parking garages shall undergo an initial condition assessment
as follows;
(a)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and the effective
date of the rule adding this subdivision to 19 NYCRR § 1203.3,
then prior to October 1, 2021.
D. Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E. Additional condition assessments.
(1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection
C of this section, the Director of Public Works or the Building Department Administrator or their designee shall require the owner or operator of such parking garage to cause such parking garage or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2) If the Director of Public Works or the Building Department Administrator
becomes aware of any new or increased deterioration which, in the
judgment of the Director of Public Works or the Building Department
Administrator, indicates that an additional condition assessment of
the entire parking garage, or of the portion of the parking garage
affected by such new or increased deterioration, should be performed
before the date by which the next periodic condition assessment would
be required under Subdivision C of this section, the Director of Public
Works or the Building Department Administrator shall require the owner
or operator of such parking garage to cause such parking garage or,
if applicable, the portion of the parking garage affected by such
new or increased deterioration) to undergo an additional condition
assessment no later than the date determined by the Director of Public
Works or the Building Department Administrator to be appropriate.
F. Condition assessment reports. The responsible professional engineer
shall prepare or directly supervise the preparation of a written report
of each condition assessment and shall submit such condition assessment
report to the Director of Public Works and the Building Department
Administrator within 30 days. Such condition assessment report shall
be sealed and signed by the responsible professional engineer and
shall include:
(1) An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2) An evaluation and description of the extent of deterioration and
conditions that cause deterioration that in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3) An evaluation and description of the unsafe conditions:
(4) An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5) An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6) An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7) The responsible professional engineer's recommendation regarding
preventative maintenance;
(8) Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9) The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in his or her professional judgment.
G. Review condition assessment reports.
(1) The Director of Public Works or the Building Department Administrator
shall take such enforcement action or actions in response to the information
in such condition assessment report as may be necessary or appropriate
to protect the public from the hazards that may result from the conditions
described in such report. In particular, but not by way of limitation,
the Director of Public Works or the Building Department Administrator
shall, by order to remedy or such other means of enforcement as the
Director of Public Works or the Building Department Administrator
may deem appropriate, require the owner or operator of the parking
garage to repair or otherwise remedy all deterioration, all conditions
that cause deterioration, and all unsafe conditions identified in
such condition assessment report pursuant to Subdivision F(2) and
(3) of this subsection.
(2) The Director of Public Works or Building Department Administrator
or designee shall take such enforcement action or actions in response
to the information in such condition assessment report as may be necessary
or appropriate to protect the public from an unsafe structure. In
particular, but not by way of limitation, the Director of Planning
and Development or designee shall, by order of remedy or such other
means of enforcement, require the owner or operator of the parking
garage to limit or prohibit occupancy of an unsafe parking garage.
(3) All repairs and remedies shall comply with the applicable provisions of the Uniform Code and the Code of the City of Glen Cove, including but not limited to the provisions of City Code §
111-9, Building permits.
(4) This section shall not limit or impair the right of the Director
of Public Works or the Building Department Administrator to take any
other enforcement action, including but not limited to suspension
or revocation of a parking garage's operating permit, as may
be necessary or appropriate in response to the information in a condition
assessment report.
(5) This section shall not limit or impair the right of the Director of Public Works or the Building Department Administrator or their designee to take any other enforcement action or actions related to an unsafe structure as regulated under §
112-10 of the Glen Cove City Code.
H. The City of Glen Cove shall retain all condition assessment reports
for the life of the parking garage. Upon request by a professional
engineer who has been engaged to perform a condition assessment of
a parking garage, and who provides the Ithaca Fire Department with
a written statement attesting to the fact that he or she has been
so engaged, the City of Glen Cove shall make the previously prepared
condition assessment reports for such parking garage (or copies of
such reports) available to such professional engineer. The City of
Glen Cove shall be permitted to require the owner or operator of the
subject parking garage to pay all costs and expenses associated with
making such previously prepared condition assessment reports (or copies
thereof) available to the professional engineer.
I. This section shall not limit or impair the right or the obligation
of the City of Glen Cove:
(1) To perform such construction inspections as are required by §
111-16, Construction inspections;
(2) To perform such periodic fire safety and property maintenance inspections
as are required by § 121(A)(C) of this chapter, entitled
"Fire safety and property maintenance inspections"; and
(3) To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Director of Public Works or the Building Department Administrator
by means of its own inspections or observations, by means of a complaint,
or by any other means other than a condition assessment or a report
of a condition assessment.