NYC PARKING GARAGE ORDINANCE: LOCAL LAW 126

As of January 1, 2022, the New York City (NYC) Department of Buildings (DOB) Parking Structure Inspection requirements have gone into effect.

Owners of parking structures must hire a New York State licensed and registered professional engineer (PE) to inspect the parking structure and file a condition assessment report with the DOB at least once every six years. The hired PE must meet the eligibility requirements for Qualified Parking Structure Inspectors (QPSI) as required by 1RCNY 101-07.

Property owners must repair unsafe or “SWARMP” (Safe with a Repair and Maintenance Program) conditions within 90 days of filing a condition assessment report. Once the work is finished, owners must file an amended report within two weeks.

STEPS TO COMPLIANCE:

1. Identify if the parking structure meets the following requirements:
   • A building or a portion of a building used for parking or storing motor vehicles, including space inside or under a building.
   • Open and enclosed parking garages as defined in the NYC Building Code.
2. Conduct the inspection
   • The owner must hire a QPSI to conduct the inspection and determine the rating of the parking structure.
3. File the report
   • Within 60 days of completing the evaluation, the QPSI must provide to the DOB a report that meets, at a minimum, the criteria outlined in 1 RCNY 103-13. Fees must be paid at the time of submission. (NYC DOB)

WHO IS EXEMPT?

• An autobody/automotive repair shop, an automotive showroom, or an automotive service station 
• A garage with fewer than three cars
• Unenclosed and unattached lots
• Garages serving one- and two-family homes

WHEN ARE REPORTS DUE?

NEW YORK STATE PARKING GARAGE INSPECTION PROGRAM: TITLE 19

Title 19 – Part 1203, Department of State

In New York state, operating permits and condition assessments are now required for parking garages every three years. Inspections must be done by a licensed PE in NY with at least three years of experience.

TIMELINE TO PERFORM ASSESSMENTS

New Parking Garage Structures: Assessments are due prior to the certificate of occupancy.

Existing Parking Garage Structures: Assessments are due according to the following timeline:

WHO QUALIFIES FOR THE PROGRAM?

Owners of private, municipal, and state-owned parking facilities in New York State are required to comply with this new law, which covers any building or structure in which any structural level is used for parking or storage of motor vehicles

WHO IS EXEMPT?

• Buildings in which the only level used for parking, storage, or motor vehicles is on grade
• One- to two-family homes with an attached garage
• A townhouse unit with attached parking exclusively for that unit

PARKING GARAGE ASSESSMENT REPORT 

• List of deteriorated conditions, causes of deterioration, and any unsafe conditions observed
• Recommendation for repairs and a timeframe for when the repairs must be performed 
• Recommendation of preventative maintenance 
• Recommendation for next assessment: subsequent cycle or sooner based on the assessment
• Submit to Department of State Enforcement from local jurisdictions