New York City Parking Garage Law Affects Parking Structure Owners

Find Out How This New Law Affects You

New York City’s Local Law 126 of 2021 amends Article 323 of Chapter 3 of Title 28 of the New York City Administrative Code, and Section 103-13 to Subchapter C of the Rules of the City of New York. Both mandate assessment and reporting requirements that every parking structure owner in New York City needs to follow to stay compliant. 

Below we will talk about details regarding the New York City Law: 

• Responsibilities of Parking Structure Owners 

• Repercussions of Not Meeting Code Requirements 

• Cities near New York City 

• Next Steps 

Responsibilities of Parking Structure Owners 

Parking structure owners need to pay attention to the six 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 103-13 (a) Definitions: 
             i. “Parking structure. A building or portion of a building used for the parking or storage of motor vehicles and an open or enclosed parking garage as defined in the New York City Building Code. 
             ii. A parking structure does not include an autobody repair shop, an automotive showroom, a garage with occupancy of fewer than three cars, unenclosed and unattached lots, an automotive service station, an automotive repair shop…” 
        b. Per Section 28-323.1 General:
             i. Exceptions: The requirements imposed by this article shall not apply to…Private garages serving one- and two-family homes as defined in chapter 2 of the New York city building code.” 
2. Retain a Qualified Parking Stucture Inspector (QPSI) (“approved agency”) to provide written initial observation AND/OR first condition assessment reports based on the code's requirements. 
        a. Per Section 103-16 Initial Observation of Parking Structures: 
             i. “Prior to the first required condition assessment of a parking structure…the owner of the building in which a parking structure is located…must have a one-time initial observation of the parking structure performed…The results of such initial observation must be filed with the Department by August 1, 2024…” 
             ii. “Exception: Owners whose report is due as set forth in item (B) as previously referenced in this paragraph and who file an acceptable report by August 1, 2024 need not have this initial observation performed.” 
        b. Per Section 28-323.3 Condition assessment.  
             i. “A condition assessment of a parking structure…shall be conducted at least once by January 1, 2028, and after each notification of an unsafe condition.”
             ii. Although at least one condition assessment must be conducted for all existing structures by January 1, 2028, each area of the city has different inspection and filing periods. 
        c. Summary: if the condition assessment for your garage is due and filed prior to August 1, 2024, the initial observation need not be performed. 
        d. Regarding new parking structures, per Section 28-323.3.1 Initial condition assessment: 
             i. “The initial condition assessment for a new parking structure shall be conducted in the second year following the completion…"
3. Submit the condition assessment report to the city: 
        a. Per Section 28-323.5.2 Submission deadlines: 
             i. “…the approved agency shall submit a written report to the commissioner within 60 days of completing the condition assessment” 
4. If unsafe conditions are found, notify the appropriate parties immediately, and act regarding the unsafe condition: 
        a. Per Section 28-323.7 Immediate notice of unsafe condition: 
             i. “The department must be notified of an unsafe condition immediately. A compliance report shall be filed after each unsafe notification.”
        b. Per Section 28-323.8 Repair of parking structure, unsafe condition: 
             i. “Upon the notification to the department of an unsafe condition, the owner …shall immediately secure public safety by removing the unsafe condition or safeguarding the area. 
        c. Per Section 103-13 (c)(5)(ii): 
             i. “All unsafe conditions must be corrected within 90 days from the submission of the compliance report.” 
5. Conduct and submit follow-up condition assessment reports: 
        a. Local Law 71 of 2024 reduces the periodic inspection interval from six years to four years, after the initial condition assessment is complete: 
             i. “After January 1, 2028, a condition assessment of each parking structure shall be conducted at least once every 4 years.” 
6. Perform an observation of the parking structure annually between condition assessments: 
        a. Per Section 28-323.4 Annual parking structure observation: 
             i. “An annual observation shall be performed by the parking structure owner or owner's authorized agent at intervals specified in the annual observation checklist, but not less than once a year after the owner receives the most recent condition assessment report.” 
        b. Per Section 103-13 (d) Annual observation: 
             i. “A building owner is responsible to have an annual observation performed in accordance with the provisions of §28-323.4 of the Administrative Code… This checklist is to be completed annually by a QPSI on behalf of the owner each year after submission of the current cycle's report has been accepted and until the next cycle's report has been accepted.” 

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 New York City, 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 

Local Law 70 of 2024 details minimum civil penalties for noncompliance and violations. 

Cities Near New York City 

The codified ordinance only applies to parking structures in New York City proper. If your asset is not in New York City, 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 New York City. 
 
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