RESOURCES / LOCAL LAWS

Local Law 126:

Periodic Inspection of Parking Garages

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Overview

Local Law 126 aims to protect the public from parking structure failure and improve regular and routine maintenance of facilities. This legislation is designed to guarantee the safety of individuals within structures, particularly in areas of heightened vulnerability, such as densely populated cities with high-rise buildings.

Since 1/1/22, owners of parking structures are required to hire a NYC licensed and registered Professional Engineer (PE) to inspect the parking structure at least once every six years and file a report with the Department of Buildings (DOB).

The DOB recently made an update to this law requiring every parking structure in the city to have a one-time initial observation of the parking structure performed (or under direct supervision) of a QPSI, with a report filed to the DOB by August 1, 2024.

Types of parking structures that require inspection and reporting under Local Law 126:

  • Buildings, or portions of a building, used for parking or storing motor vehicles, including space inside or under a building
  • Open parking garages and enclosed parking garages as defined in the NYC Building Code

This law applies to:

  • Open & enclosed structures, including Municipal, State Owned, Commercial & Residential
  • Structures inside or under a building

Dates & Deadlines

Local Law 126 of 2021 has set forth a series of inspection windows for parking structures. Not sure where you fall? Visit the NY DOT for help determining your community district or click here.
Manhattan 1, 2, 3, 4, 5, 6, 7 January 1, 2022 December 31, 2023
Manhattan 8, 9, 10, 11, 12 January 1, 2024 December 31, 2025
Brooklyn Brooklyn January 1, 2024 December 31, 2025
Bronx Bronx January 1, 2026 December 31, 2027
Queens Queens January 1, 2026 December 31, 2027
Staten Island Staten Island January 1, 2026 December 31, 2027
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How We Can Help

HLZAE is here to help you evaluate your structure and prepare for potential repairs. Our in-house Qualified Parking Structures Inspectors (QPSI) are equipped to inspect your structures, identify any concerns, and provide the necessary documentation for the DOB to help you avoid any penalties/fines and ensure compliance.

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Classifications

The QPSI will file their report with the DOB with one of the following classifications:

SAFE, UNSAFE, Safe with Repair and/or Engineering Monitoring (SREM)

Safe with Repair and/or Engineering Monitoring (SREM)

SREM requires repairs or maintenance during the next one to six years in order to prevent its deterioration into an unsafe condition during that six-year period

  • When a garage is classified SREM, the following must take place:
    • Identify proposed monitoring program (if applicable)
    • Identify engineer performing monitoring
    • Stability analysis
      • Includes factor of safety showing structure is stable under anticipated loads
    • Must file amended report within three years giving update on monitoring / repairs / conditions
    • Mapping of each SREM condition
    • All repairs must be complete before next cycle
      • Can’t have same SREM condition two cycles in a row or it would be unsafe (similar to FISP)

UNSAFE Conditions

  • A parking structure is considered Unsafe when conditions are immediately hazardous or will become hazardous in less than 1 year.
  • Unsafe conditions must be corrected within 90 days of filing a report with an Unsafe status or within the recommended timeframe for repairs (treated like emergency)
  • When unsafe conditions are found:
    • DOB is immediately notified
    • 311 to be called
    • Emergency shoring, Netting, Vacate, etc.
    • Failure to maintain violation
  • When a garage is classified unsafe, the following must take place:
    • Maintain Public Safety
    • Notify the DOB
    • Repairs to the condition must take place
  • Upon completion of Unsafe repairs within two weeks:
    • QPSI must inspect the premises & promptly file an amended report
    • If the repairs are not completed & an amended report is not filed within this timeframe, time extension requests are to be filed with the DOB

Exceptions

The following structures will not be required to comply with the new inspection requirements:

  • Auto Body and automotive repair shops, automotive showrooms, and automotive service stations
  • Garages with occupancy of fewer than three cars
  • Unenclosed, unattached outdoor parking lots
  • Private garages serving one- and two-family homes

Requirements

  • An assessment to be performed by a Professional Engineer (PE) and a report filed with DOB every 6 years for the Parking Garage Structures.
  • Filing cycles will be broken down into 2- year sub-cycles by community districts. Find out which community district your building is in here.
  • In addition to the formal report, an inspection checklist shall be developed by the inspecting PE for the purposes of an annual observation of the parking garage which shall be required. The annual inspections can be performed by garage or building maintenance personnel with a record of the inspections, which should be made available upon request of the DOB.
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Inspection Procedure

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Fees & Penalties

This table provides a clear breakdown of the different fees and penalties associated with DOB reports and compliance. If you have additional questions or would like to discuss a strategy to avoid these fees, contact us today.
Initial Report $305.00
Amended/Subsequent Report $85.00
Extension Request $65.00
Late Filing (initial report) $1,000 per month
Failure to File (initial report) $5,000 per year
Failure to Correct Unsafe Conditions $1,000 per month
Failure to Correct SREM Conditions $2,000 (one time)

Next Steps

  1. Schedule an evaluation
  2. Prepare
    • Previous engineering reports
    • Original structural drawings
    • Drawings from previous garage repair jobs
    • Previous violations related to garage

HLZAE is here to help you evaluate your structure and prepare to help avoid potential penalties and fines. Our in-house Qualified Parking Structures Inspectors (QPSI) are prepared to evaluate your structures and prepare the necessary documentation for the DOB. 

Once any issues and necessary repairs are identified, our team is prepared to take on those updates and repairs to ensure your structure is safe.

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