The New Code
The new changes took effect January 01, 2024 and will apply to most buildings with a parapet that fronts a public right of way regardless of height. The only buildings exempt from the new rule are detached 1-2 family homes, or buildings with a fence that completely prevents public access to the exterior wall the parapet rests on.
An exterior wall is considered part of the public right-of-way if someone can freely walk up to the building’s facade, even if the wall in question is on private property.
For fencing, barriers or other walls to create an exemption, they must be continuous and perpendicular from the exterior wall at a safe distance. The distance from the wall must be greater than half the height of the wall in question. So, a 60-foot wall would require fencing at least 30 feet out from the building to be exempt from the parapet inspection requirements.
City code defines a parapet as “the part of any wall entirely above the roof line.” Parapet walls on balconies are not included and do not need to be inspected. Cornices that are attached to the front of a wall or roof with no parapet behind them don’t require an inspection, but cornices attached to parapet walls must be inspected the same way other appurtenances like fire escapes or telecom equipment are.
Building owners and owners representatives will need to complete a close-up safety inspection of their parapets each year. Those reports must be kept on file for six years. The deadline to complete the report and have it on file will always fall on the last day of the year, so building owners must complete this first required inspection by December 31, 2024.
Reporting Requirements
The new rules do not require the reports to be submitted, simply kept on file. However, if the inspector finds the parapet is unsafe, they must notify the Department of Buildings immediately. If the building is subject to the Facade Inspection Safety Program, owners must also file an Unsafe Notification (FISP3) with the city’s online platform: DOB NOW Safety.
If your building is subject to FISP and you are submitting a FISP report in a given year, you do not need to include a separate parapet safety report as long as all of the required information regarding parapets is included, and the FISP report is available upon request. See below for the details you must include in your report.
Each report must determine whether a parapet is safe or unsafe, which includes a close-up observation. The inspection may be performed from a roof or a fire escape, and must include several determinations.
One is whether or not the parapet is plumb, which is to say it is perfectly vertical and not leaning too far inward or outward. The second is checking for excessive deterioration in the form of loose bricks, cracks or other issues. The third is checking the safety and stability of appurtenances. Appurtenances include telecom equipment, railings, ladders, signage or anything else attached to the parapet.
Each report must include:
+ The address of the building and any other associated addresses
+ The name, address and phone number of the building owner or owner’s representative
+ The name of the person performing the inspection and their address, phone number and affiliation with the building owner
+ The date of the inspection
+ The location plan of the parapet
+ A description of the parapet construction, including materials, height and thickness
+ The general conditions observed, whether any aspects are unsafe, and the actions taken to remedy unsafe conditions
+ Any repairs made to the parapet since the prior report
+ Dated photos showing the conditions at the time of the observation
These reports must be kept on file for six years, and owners must provide them to the Department of Buildings upon request.
DEFINING A SAFE PARAPET
Now that we understand the details of the reporting requirements, let’s take a closer look at what goes into determining if a parapet is safe. Qualified experts look at a variety of factors, but by code the observation must include three basic determinations.
PLUMBNESS
Plumb in this context is the counterpart to the term level. That is to say something is plumb if it is perfectly vertical. If a parapet is leaning too far outward or too far inward, then it is not considered plumb and may be unsafe. The code requires that all parapets be plumb “by a horizontal distance within one-eighth of its cross-sectional thickness in any location.”
That means a parapet is not plumb if it is leaning in either direction too far, and that measurement is based on the overall thickness of the parapet. The parapet must be plumb for its entire length, and a qualified observer will take measurements and run equations to verify the parapet is plumb.
EXCESSIVE DETERIORATION
The second thing an observer will look for is significant wear and tear to materials or even damage. This can include issues like displaced materials, cracks, missing or loose bricks or stones, deteriorated mortar joints, spalling, or rot.
The observer will assess the size and position of cracks or the impact of any missing or loose materials. They will also assess the coping, which is a protective layer of stone or brick that protects bricks from water and weather damage.
An observer will also check for spalling on bricks, which is when the face of the brick begins to wear away. If the brick has a protective exterior glaze, the inspector will check to see if it is in good condition or has worn away to expose the brick.
Assessing the extent of deterioration and the safety of a parapet is largely up to the observer, which is why it’s crucial to hire a qualified professional with experience in construction.
APPURTENANCES
An appurtenance is any extra piece of equipment installed on a parapet. This includes telecom equipment, railings, roof access rails, gooseneck ladders, handrail attachments for fire escapes, signage, and other additions.
The observer will check the fittings and structural stability of the object to make sure it is safe and not in danger of falling or weakening the structure of the parapet. This does not include verifying if the attached object is functioning, but simply ensuring the object is safely attached and not posing a danger to passersby below.
If an inspector completes their work and finds unsafe conditions, they must immediately contact the Department of Buildings. They can do so by calling 311. For FISP buildings, the owner must also file an Unsafe Notification (FISP3) in DOB Now Safety.
The building owner must also install public protection immediately if a parapet is found to be unsafe. These measures may include sidewalk sheds, netting, fencing and more. Owners have 90 days to make the necessary repairs, and extensions are not available.
FINAL THOUGHTS
This new law will affect most building owners in New York City. While FISP buildings are regulated by height, the requirements for parapet inspections apply more broadly and inspections are required annually.
Building owners have until December 31, 2024 to complete their first observation and place the report on file. In future years the report must be completed and placed on file by the same deadline.
These measures are designed to increase public safety. By code, any maintenance work found during an inspection must be repaired within 90 days so all public protection, like sidewalk sheds, can be removed. Failure to keep reports on file or correct unsafe parapets may lead to fines.
While these observations can be performed by a wide-range of personnel, building owners are encouraged to contact a qualified professional. If a parapet is ruled safe and an accident does occur, the building owner could face massive legal and financial liabilities and the inspector could lose their license.
Click here to learn more about choosing a qualified professional for your annual parapet inspection.
