Int. No. 2486
By Council Member Yeger
A Local Law to amend the administrative code of the city of New York, in relation to reports on exterior wall inspections
Be it enacted by the Council as follows:
Section 1. Section 28-302.4 of chapter 3 of title 28 of the administrative code of the city of New York, as added by local law number 33 for the year 2007, is amended to read as follows:
§ 28-302.4 Report of critical examination. The registered design professional shall [submit a written report to the commissioner] complete a written report within 60 days of completing the critical examination, but not more than five years following [submission] completion of the preceding report of critical examination, certifying the results of such critical examination as either safe, unsafe or safe with a repair and maintenance program. The report shall clearly document the condition of the exterior walls and appurtenances thereof and 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 professionally certified by such registered design professional, and shall be maintained by the building owner and the registered design professional for not less than 15 years and furnished upon request by the department. Within 60 days of completing the critical examination, the registered design professional shall notify the department in writing of any condition that such design professional has deemed safe with a repair and maintenance program.
§ 2. Section 28-302.5 of chapter 3 of title 28 of the administrative code of the city of New York, as added by local law number 33 for the year 2007, is amended to read as follows:
§ 28-302.5 Repair of exterior walls, unsafe condition. Upon the notification to the department of an unsafe condition, the owner, the owner’s agent or the person in charge shall immediately commence such repairs, reinforcements or other measures as may be required to secure public safety and to make the building’s exterior walls or appurtenances thereof conform to the provisions of this code.
1. All unsafe conditions shall be corrected within 90 days of [filing] completion of the critical examination report.
2. The registered design professional shall reinspect the premises and file an amended report within two weeks after the repairs have been completed certifying that the unsafe conditions of the building have been corrected.
3. The commissioner may grant an extension of time of up to 90 days to complete the repairs required to correct an unsafe condition upon receipt and review of an initial extension application submitted by the registered design professional together with each additional documentation as may be prescribed by rule.
4. The commissioner may grant further extensions 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 registered design professional together with such other documentation as may be prescribed by rule.
§ 3. Section 28-302.6 of chapter 3 of title 28 of the administrative code of the city of New York, as added by local law number 33 for the year 2007, is amended to read as follows:
§ 28-302.6 Safe condition with a repair and maintenance program. The registered design professional shall not [file a report of] notify the department in writing of a safe condition with a repair and maintenance program for the same building for two consecutive [filing] inspection periods unless the second such [report] notification is accompanied by his or her professional certification attesting to the correction of all conditions identified in the prior notification as requiring repair.
§ 4. This local law takes effect 60 days after it becomes law.
JEF
LS #16604
4/19/2021