Code reference: Administrative Code 28-301.1.1
Rule Start Date: January 1, 2024
First Observation Due Date: December 31, 2024.
Observation Frequency: Annual
Performed by: “a person competent to inspect parapets…this includes, but is not limited to:”
Bricklayer
Building Superintendent
Handyman
Mason (or a person in a similar construction-related trade)
Architect
Engineer
Inspector working for a NY State-authorized insurance company
NY State-authorized building inspector
“Any other individual capable of identifying hazards on the parapet.”
This includes CANY façade inspectors.
Which buildings are affected?
All buildings with parapets (the part of any wall entirely above the roof line) fronting (running parallel or near parallel to) the public right-of-way (public street, avenue, sidewalk, roadway or any other public place or public way), regardless of height, except for detached 1- or 2- family homes or buildings with a fence or other barrier preventing access to the exterior wall.
-> Similar to the FISP definition of public right of way, it is assumed that if a member of the public can freely walk up to the exterior wall, it is considered part of the public right of way.
Extent of the Observation:
Close-up inspections of the entire parapet(s) fronting the public way are required (may be from a fire escape or roof). Only parapets fronting a public way are subject to this rule.
However, per existing Administrative Code Section 28-301.1, Owners are required to maintain all parts of their buildings in a safe condition at all times—omission of rear parapets from the inspection does not absolve an owner from that responsibility and liability.
When / how is a report filed?
Owner must keep the report on file for 6 years from the date of Observation and provide it to the Department of Buildings upon request. There is no formal filing procedure.
What about cornices that are not mounted to a parapet (ie: slope up from the roof surface)? Is this Observation Report required if there are no other parapets fronting a public way?
No; cornices that are not attached to a parapet are excluded from this observation requirement. Only cornices which are attached to (appurtenant to) a parapet are subject to this Rule.
Notification method: What is the preferred notification method to the Department of Buildings upon observation of an unsafe condition?
90-day Extensions: Is there any form of extension request for corrections that cannot be completed within 90 days (such as full parapet reconstruction, cornice reconstruction, work on an LPC building held up by permitting)?
Emergency Work: Can parapet demolition / reconstruction begin immediately under the Emergency Work provision in the Administrative Code (28-105.4.1), with application for permit following within 2 business days?
Stabilization of an unsafe structural condition is considered Emergency Work. Permanent repairs require a permit prior to proceeding.
Code reference: Administrative Code 28-301.1.1
Rule Start Date: January 1, 2024
First Observation Due Date: December 31, 2024.
Observation Frequency: Annual
Performed by: “a person competent to inspect parapets…this includes, but is not limited to:”
Bricklayer
Building Superintendent
Handyman
Mason (or a person in a similar construction-related trade)
Architect
Engineer
Inspector working for a NY State-authorized insurance company
NY State-authorized building inspector
“Any other individual capable of identifying hazards on the parapet.”
This includes CANY façade inspectors.
Which buildings are affected?
All buildings with parapets (the part of any wall entirely above the roof line) fronting (running parallel or near parallel to) the public right-of-way (public street, avenue, sidewalk, roadway or any other public place or public way), regardless of height, except for detached 1- or 2- family homes or buildings with a fence or other barrier preventing access to the exterior wall.
-> Similar to the FISP definition of public right of way, it is assumed that if a member of the public can freely walk up to the exterior wall, it is considered part of the public right of way.
Extent of the Observation:
Close-up inspections of the entire parapet(s) fronting the public way are required (may be from a fire escape or roof). Only parapets fronting a public way are subject to this rule.
However, per existing Administrative Code Section 28-301.1, Owners are required to maintain all parts of their buildings in a safe condition at all times—omission of rear parapets from the inspection does not absolve an owner from that responsibility and liability.
When / how is a report filed?
Owner must keep the report on file for 6 years from the date of Observation and provide it to the Department of Buildings upon request. There is no formal filing procedure.
What about cornices that are not mounted to a parapet (ie: slope up from the roof surface)? Is this Observation Report required if there are no other parapets fronting a public way?
No; cornices that are not attached to a parapet are excluded from this observation requirement. Only cornices which are attached to (appurtenant to) a parapet are subject to this Rule.
Notification method: What is the preferred notification method to the Department of Buildings upon observation of an unsafe condition?
90-day Extensions: Is there any form of extension request for corrections that cannot be completed within 90 days (such as full parapet reconstruction, cornice reconstruction, work on an LPC building held up by permitting)?
Emergency Work: Can parapet demolition / reconstruction begin immediately under the Emergency Work provision in the Administrative Code (28-105.4.1), with application for permit following within 2 business days?
Stabilization of an unsafe structural condition is considered Emergency Work. Permanent repairs require a permit prior to proceeding.
