[Added 2-8-2022 by L.L. No. 1-2022]
This article shall apply to and provide regulations and standards regarding the operation and the required structural condition assessment of parking garages as defined in § 19-180.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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 vehicle, excluding:
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.
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.
Includes the conditions identified as "unsafe" in Sections 304.1.1,
305.1.1, and 306.1.1 of the 2020 edition of the New York State Property
Maintenance Code (or publication currently incorporated by reference
in 19 NYCRR Part 1226).
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.
The owner or operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in § 19-182, periodic condition assessments as described in § 19-183, and such additional condition assessments as may be required as described in § 19-184. 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 Chief Fire Marshal, in accordance with the requirements of § 19-185. 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.
Each parking garage shall undergo an initial condition assessment
as follows:
A.
New parking garages shall undergo an initial condition assessment
following construction and prior to a certificate of occupancy or
certificate of compliance being issued for the structure.
Following the initial condition assessment of a parking garage,
such parking garage shall undergo periodic condition assessments at
intervals not to exceed three years.
A.
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 § 19-183, the Chief Fire Marshal 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.
B.
If the authority having jurisdiction becomes aware of any new or increased deterioration which, in the judgment of the authority having jurisdiction, 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 § 19-183, the Chief Fire Marshal 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 authority having jurisdiction to be appropriate.
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 Chief Fire
Marshal within 30 days. Such condition assessment report shall be
sealed and signed by the responsible professional engineer, and shall
include:
A.
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
B.
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;
C.
An evaluation and description of the unsafe conditions;
D.
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
E.
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;
F.
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
G.
The responsible professional engineer's recommendation regarding
preventative maintenance;
H.
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
I.
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.
A.
The Chief Fire Marshal 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 Chief Fire Marshal shall, by order to remedy or such other means of enforcement as the Chief Fire Marshal 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 § 19-185.
B.
The Chief Fire Marshal shall forward all condition assessment reports
and other pertinent information that may indicate an unsafe building
or structure to the Commissioner of Planning and Development.
C.
The Commissioner of Public Safety Enforcement or the Commissioner's
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 Commissioner of Public
Safety Enforcement 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.
D.
All repairs and remedies shall comply with the applicable provisions
of the Uniform Code and the Code of the Town of Islip.
E.
This section shall not limit or impair the right of the Chief Fire
Marshal 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.
F.
This section shall not limit or impair the right of the Commissioner
of Planning and Development or their designee to take any other enforcement
action or actions related to an unsafe structure as regulated under
the provisions of the Code of the Town of Islip.
The Division of Fire Prevention 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 Division of Fire Prevention
with a written statement attesting to the fact that he or she has
been so engaged, the Division of Fire Prevention shall make the previously
prepared condition assessment reports for such parking garage (or
copies of such reports) available to such professional engineer. The
Division of Fire Prevention 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.
This article shall not limit or impair the right or the obligation
of the Division of Fire Prevention:
A.
To perform such construction inspections as are required by this
chapter;
B.
To perform such periodic fire safety and property maintenance inspections
as are required by this chapter; and
C.
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 Chief Fire Marshal 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.
A.
An operating permit shall be obtained from the Chief Fire Marshal
for the operation of a parking garage, as defined in this article.
The Chief Fire Marshal may promulgate reasonable rules and regulations
for the granting of permits, including but not limited to requiring:
B.
Upon receipt of such application, the Chief Fire Marshal shall cause
the parking garage to be inspected for compliance with the Uniform
Fire Prevention and Building Code of New York State.
C.
No permit for a parking garage shall be granted if, in the opinion
of the Chief Fire Marshal, such structure is not in compliance with
the Uniform Fire Prevention and Building Code.
D.
An operating permit for a 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.
E.
An operating permit for a parking garage may be suspended or revoked
if, in the opinion of the Chief Fire Marshal, 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.
