City of Glen Cove, NY Chapter 121 Conditional Assessments of Parking Garages

[HISTORY: Adopted by the Common Council of the City of Glen Cove 7-23-2019 by L.L. No. 04-2019.[1] Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 121, Coastal Erosion, adopted 8-8-1989 (Ch. 43 of the 1981 Code), as amended, was repealed 1-10-2017 by L.L. No. 1-2017.

§ 121-1 Legislative intent; purpose.

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.

§ 121-2 Operating permits for certain uses and materials; fees.

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.

§ 121-3 Condition assessments of parking garages.

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";[1] and

[1] Editor's Note: So in original.

(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.