Local Law 126 of 2021 Condition Assessments of Parking Garages

Local Law 126 of 2021 requires owners of parking structures to hire a NYS licensed and registered professional engineer to inspect the structure at least once every six years and file a report with the DOB documenting the results of the inspection. Annual observations should also be completed between assessments, which do not require a PE. Records of both should be maintained.

CLASSIFICATIONS:

• Safe: No problems and in good condition; or
• Safe With Repairs and/or Engineering Monitoring (SREM): Safe, but requires repair/monitoring; or
• Unsafe: Problems/defects threaten public safety. With an Unsafe classification, the owner shall immediately secure public safety by removing the unsafe condition or safeguarding the area.

FILING WINDOWS:

• Manhattan Districts 1-7 – File by 12/31/2023
• Manhattan Districts 8-12, and Brooklyn – File by 12/31/2025
• Bronx, Queens, and Staten Island Districts – File by 12/31/2027

FINES & PENALTIES:

• Initial Report – $305.00
• Amended/Subsequent Report – $85.00
• Extension Request – $65.00G
• Late Filing (initial report) – $1,000 per month
• Failure to File (initial report) – $5,000 per year
• Failure to Correct Unsafe Conditions – $1,000 per month
• Failure to Correct SREM Conditions – $2,000 (one time)

COMPLIANCE
Included in this law are buildings, or portions of a building, used for parking or storing motor vehicles, open parking garages, and enclosed parking garages as defined in the NYC Building Code.

EXEMPTIONS
Currently exempt are autobody and automotive repair shops, automotive showrooms, automotive service stations, garages with occupancy of fewer than three cars, unenclosed/unattached outdoor parking lots, and private garages serving one- and two-family homes.

ADDITIONAL INFORMATION

Amended Rule

Adopted Rule