Int. No. 97-A
By Council Members Spigner, Malave-Dilan, Linares, Boyland and Stabile (by the request of the Mayor); also Council Members Lasher, Michels, Robles, Carrion and Espada.
A Local Law to amend the administrative code of the city of New York, in relation to inspection of the exterior walls of buildings greater than six stories in height.
Be it enacted by the Council as follows:
Section 1. Section 27-129 of the administrative code of the city of New York is amended to read as follows:
§27-129 Exterior walls and appurtenances thereof. In order to maintain a building's exterior walls and appurtenances thereof in a safe condition, the following additional requirements shall apply to all existing buildings or buildings hereafter erected which are greater than six stories in height:
(a) Inspection requirements. A critical examination of an applicable building's exterior walls and appurtenances thereof shall be conducted at periodic intervals as set forth by rule [or regulation] of the commissioner, but such examination shall be conducted at least once every five years.
(1) The initial examination for any building in existence on February twenty-first, nineteen hundred eighty shall be conducted prior to February twenty-first, nineteen hundred eighty-two and the initial examination for any building thereafter constructed shall be conducted in the fifth year following the erection or installation of any exterior wall and/or enclosures.
(2) Such examination shall be conducted and witnessed by or under the direct supervision of a licensed architect or licensed professional engineer by or on behalf of the owner of the building.
(3) Such examination shall include, in addition to an inspection, a complete review of the most recently prepared report.
(4) Such examination shall also be conducted in accordance with the applicable rules [and regulations] promulgated by the commissioner.
(b) Notification requirements. Whenever an architect or engineer learns through a critical examination of a building's exterior walls and appurtenances thereof of an unsafe condition prior to the filing of a report with the department of buildings pursuant to subdivision (c) of this section, he or she shall notify the owner and the department of buildings immediately in writing of such condition.
[(b)](c) Report of examination. Such architect or engineer shall submit a written report certifying the results of such examination to the commissioner, clearly documenting the condition of the exterior walls and appurtenances [thereto] thereof, as either safe, unsafe or safe with a repair and maintenance program. The report shall include a record of all significant deterioration, unsafe conditions and movement observed as well as a statement concerning the watertightness of the exterior surfaces. Such report must be signed by and bear the professional seal of such architect or engineer.
[(c)](d) Necessary repairs. (1) Unsafe condition. a. Upon the filing of the architect's or engineer's report of an unsafe condition with the commissioner, the owner, his or her agent or the person in charge shall immediately commence such repairs[,] or reinforcements [or precautionary] and shall undertake such measures as may be required to secure public safety and to make the building's [front] exterior walls or appurtenances thereof conform to the provisions of this code. [Such ameliorative work shall be completed within a time period to be established by rule or regulation of the commissioner.]
b. All unsafe conditions shall be corrected within thirty days of the filing of the critical examination report.
c. The architect or engineer shall inspect the premises and file an amended report setting forth the condition of the building within two weeks after repairs to correct the unsafe condition have been completed.
d. The commissioner may grant an extension of time of up to ninety days to complete the repairs required to correct an unsafe condition upon receipt and review of an initial extension application submitted by the architect or engineer together with such additional documentation as may be prescribed by rule.
e. The commissioner may grant a further extension of time to complete the repairs required to remove an unsafe condition upon receipt and review of an application for a further extension submitted by the architect or engineer together with such further documentation as may be prescribed by rule.
(2) Safe condition with a repair and maintenance program. An architect or engineer shall not file a report of a safe condition with a repair and maintenance program for the same building for two consecutive filing periods unless the second such report is accompanied by his or her certification attesting to the correction of all conditions identified in the earlier report as requiring repair.
[(d)](e) Exceptions. The additional requirements imposed by this section shall not be applied to[:
(1) Exterior walls set back more than twenty-five feet from the street and/or any paved pedestrian walkway] any part of an exterior wall which is less than twelve inches from the
exterior wall of an adjacent building.
[(2) Buildings having an on-going maintenance program subject to rules and regulations promulgated by the department of buildings for the exterior walls and appurtenances thereof, under the supervision of a licensed architect or engineer retained by or on behalf of the owner.]
[(e)](f) Violations. Any person who shall violate, or refuse, or neglect to comply with any provisions of this section shall, upon conviction thereof, be punished by a fine of not more than one thousand dollars, or by imprisonment not exceeding six months, or both; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of two hundred fifty dollars for each month there is non-compliance, to be recovered in a civil action brought in the name of the commissioner.
(g) With respect to buildings in existence on March first, nineteen hundred ninety-eight, the initial critical examination of an exterior wall which was not subject to such examination under the provisions of paragraph one of subdivision d of this section in effect prior to the effective date of this local law shall be conducted prior to March first, two thousand.
§2. This local law shall take effect immediately.
Referred to the Committee on Housing and Building.