[HISTORY: Adopted by the Board of Trustees of the Village
of Valley Stream 8-19-2019 by L.L. No. 2-2019. Amendments noted where
applicable.]
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Incorporated Village of Valley Stream. This
chapter is adopted pursuant to § 10 of the Municipal Home
Rule Law. This chapter is adopted as per New York State Department
of State's 2018 amendment, which in part, requires municipalities
to establish code enforcement requirements meeting the criteria set
forth in 19 NYCRR 1202, 1203 and 1204 to provide for the assessment
and maintenance of parking garages throughout New York State.
In this chapter:
Includes the Code Enforcement Officer and all Inspectors.
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.
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 vehicles, 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.
Conditions identified as "unsafe" in Section 304.1.1, Section
305.1.1, and Section 306.1.1 of the 2015 Edition of the International
Property Maintenance Code and such amendments of said sections as
may be made (a publication hereby incorporated into this chapter).
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 pursuant to § 2A-4, periodic condition assessments as described herein at § 2A-5 and such additional condition assessments as may be required under § 2A-6. 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 Code Enforcement Officer, in accordance with the requirements of § 2A-7. 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.
A.
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 or
certificate of compliance being issued for the structure.
(2)
Existing parking garages shall undergo an initial condition assessment
as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(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 Section 1203.3,
then prior to October 1, 2021.
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 this subdivision,
the Code Enforcement personnel 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 Code Enforcement personnel become aware of any new or increased deterioration which 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 pursuant to § 2A-5, the Code Enforcement personnel shall provide written notification requiring 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 in a timeframe to be determined by the Code Enforcement personnel.
A.
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 Code Enforcement
Officer within such time period as fixed by the Code Enforcement Officer.
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 timeframe 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.
B.
The Code Enforcement Officer shall review each condition assessment
report and shall take such enforcement action(s) 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 Code Enforcement Officer shall, by notice
of violation or such other means of enforcement as he 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. All repairs and remedies shall comply with the applicable
provisions of the Uniform Code. This subsection shall not limit or
impair the Village's right to take any other enforcement action,
as may be necessary or appropriate in response to the information
in a condition assessment report.
C.
The Code Enforcement Officer shall retain all condition assessment
reports. Upon request by a professional engineer who has been engaged
to perform a condition assessment of a parking garage, the Code Enforcement
Officer shall make the previously prepared condition assessment reports
for such parking garage (or copies of such reports) available to such
professional engineer.
D.
Nothing contained in this Chapter 2A shall limit the right or obligation of the Code Enforcement personnel to:
(2)
To perform such periodic fire safety and property maintenance inspections as are required by Chapter 2 of this Code; and/or
(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 Code Enforcement personnel by means of their 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.
All local laws, resolutions, rules and regulations in conflict
with the provisions of this chapter are hereby superseded to the extent
necessary to give this chapter full force and effect.
The invalidity of any provision of this chapter shall not affect
the validity of any other provision of this chapter that can be given
effect without such invalid provision.
This chapter shall be effective immediately upon its filing
in the office of the Secretary of State.
