Buffalo Parking Garage Law Affects Parking Structure Owners

Find Out How This New Law Affects You

As of December 14, 2021, Section 307-22.2 of the Buffalo, New York Code of Ordinances, mandates assessment and reporting requirements that every parking structure owner needs to follow to stay compliant.

Below we will talk about details regarding the Buffalo Law:

• Responsibilities of Parking Structure Owners
• Repercussions of Not Meeting Code Requirements
• Cities Near Buffalo
• Next Steps

Responsibilities of Parking Structure Owners

Parking structure owners need to pay attention to the four key details to know when they need to act on their parking structure.

1. Determine if your parking structure falls under the requirements of the code.
        a.Per Section 307-16, Definitions:
             i. “PARKING GARAGE STRUCTURE: Any building or structure that is designed for the purpose of parking multiple cars, trucks and other vehicles.”
2. Retain a professional engineer to inspect your parking structure and provide a written condition assessment report based on the code's requirements.
        a. Per Section 307-22.2.D, Condition assessment report:
             i. “The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment…”
3. Submit the condition assessment report to the city:
        a. Per Section 307-22.2.D, Condition assessment report:
             i. “…and shall submit such sealed and signed condition assessment report to the Department of Permit and Inspection Services within 30 days of parking garage structure inspection”
4. Conduct and submit follow-up condition assessment reports, depending on the findings of the initial condition assessment report:
        a. Per Section 307-22.2.B, Periodic condition assessments:
             i. “Following the initial condition assessment of a parking garage structure, such parking garage structure shall undergo periodic condition assessments at intervals not to exceed three years.”
        b. Per Section 307-22.2.C, Additional condition assessments:
             i. Additional condition assessments may be required prior to the next periodic condition assessment. The specific timeframe is dependent on the findings of the initial condition assessment, the engineer’s professional judgment, and any interim findings between periodic condition assessments. 
   

Repercussions of Not Meeting Code Requirements

Staying compliant is not only about avoiding penalties, but also about ensuring the safety of every user and the long-term viability of your property.

Asset Implications

Parking structures, particularly in climates like Buffalo, are susceptible to many different types of deterioration.

Left uninspected, these deterioration mechanisms could pose risks to people and property  - examples include: falling concrete, tripping hazards, and even partial collapses.

Financial Implications

Per Section 307-22.1, Investigation; issuance of license for parking garage structures:

After…the submittal of a "Condition Assessment Report" for the parking garage structure…he shall issue to the applicant a license for a parking garage structure. All licenses shall expire three years following the date of issuance. An application for renewal of a license along with the "Condition Assessment Report" shall be filed 30 days prior to the license expiration date.

Per Section 307-17, License Required:

It shall be unlawful for any person to conduct the business of parking, housing, keeping or storing motor vehicles…without first having obtained a license...

Cities Near Buffalo

The codified ordinance only applies to parking structures in Buffalo proper. If your asset is not in Buffalo, it is not subject to the specific requirements outlined above.

If your parking structure is in the state of New York, some form of condition assessment is required by New York State law. The code of ordinances for the specific jurisdiction in which the parking structure resides will provide further guidance.

Next Steps

Whether required by law or not, preventative assessment and maintenance of parking structures is always a good idea.

As leaders in parking structure management and safety compliance, StructureCare is here to guide you through the complexities of the assessment and reporting requirements for parking structures in Buffalo, New York.

We offer comprehensive assessment and reporting services to ensure your parking facilities meet all legal requirements and maintain the highest safety standards.

Nick Heim, PE 
Innovation Engineer, Ohio