New York State Parking Garage Law Affects Parking Structure Owners

Find Out How This Law Affects You

As of August 29, 2018, Section 1203.3(j) of the New York Codes, Rules and Regulations (NYCRR) mandates assessment and reporting requirements that every parking garage owner in New York State needs to follow to stay compliant. 

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

• Responsibilities of Parking Structure Owners 

• Repercussions of Not Meeting Code Requirements 

• Cities in New York State 

• Next Steps 

Responsibilities of Parking Structure Owners 

Parking structure owners need to pay attention to the five 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 1203.3(j)(2)(iii), Parking garage: 
             i. “Any building or structure, or part thereof, in which any structural level is used for parking or storage of motor vehicles, 
             ii. Excluding:
                  1. Parking structures fully supported on soil or engineered fill.
                  2. Parking garages for one- or two-family dwellings.” 
2. Retain a professional engineer to inspect your parking structure and provide a written initial condition assessment report based on the code's requirements. 
        a. Per Section 1203.3(j)(3), Condition assessments – general requirements:  
             i. “The owner or operator of each parking garage shall cause such parking garage to undergo an initial condition assessment… 
             ii. Each condition assessment shall be conducted by or under the direct supervision of a responsible professional engineer…  
3. Submit the condition assessment report to the jurisdiction:
        a. Per Section 1203.3(j)(7), Condition assessment reports: 
             i. “The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the authority having jurisdiction within such time period as fixed by the authority having jurisdiction.” 
4. Conduct and submit follow-up condition assessment reports, depending on the findings of the initial condition assessment report: 
        a. Per Section 1203.3(j)(5), Periodic condition assessments:
             i. “Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed the lesser of:"
                  1. Three years
                  2. A shorter period determined by the authority having jurisdiction
        b. Per Section 1203.3(j)(6), Additional condition assessments.
             i. Additional assessments may be required if there is evidence of new or increased deterioration, or if the responsible engineer recommends additional inspections. 
5. Repair or Remedy Conditions Identified in the Report: 
        a. Per Section 1203.3(j)(8): 
             i. The authority having jurisdiction shall…protect the public from the hazards that may result from the conditions described in such report…the authority having jurisdiction may…require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report… 

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 State, 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 – some of which have occurred in New York State - that have spurred enactment of this law. 
 
Financial Implications 

The code does not explicitly mention financial implications related to noncompliance. However, each jurisdiction may opt to enforce these as part of their jurisdiction-specific requirements. 

How is this Statewide Law Enforced in Individual Jurisdictions? 

This statewide law includes the minimum requirements as discussed above, but ultimately leaves enforcement to individual jurisdictions within the state: 
 
Per Section 1203.3(j)(1): 
 
“Each authority having jurisdiction shall include in its code enforcement program provisions requiring condition assessments of parking garages. Such provisions shall include, at a minimum, the requirements and features described in this subdivision.” 
 
Below are examples of ordinances enacted by jurisdictions throughout New York State: 

1. Jurisdictions in New York State with ordinances established prior to August 29, 2018:
        a. Syracuse (February 1998) 
2. Jurisdictions in New York State with specific ordinances established after August 29, 2018: 
        a. Albany (April 2019) 
        b. Yonkers (June 2019) 
        c. Buffalo (December 2021) 
        d. Islip (February 2022) 
        e. Brookhaven (December 2022) 
3. New York City 
        a. New York City’s Local Law 126 of 2021 includes requirements that generally exceed those of the NYCRR. 

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 State. 
 
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

Are you curious how your city fits in with the New York State Laws? Our team would be happy to help with any additional details on the topic.