2006 New York Code - Exterior Walls And Appurtenances Thereof.

 
    §  27-129  Exterior  walls  and  appurtenances  thereof.  In  order to
  maintain a building's exterior walls and appurtenances thereof in a safe
  condition, the following additional  requirements  shall  apply  to  all
  existing buildings or buildings hereafter erected which are greater than
  six stories in height:
    (a)  Inspection  requirements. A critical examination of an applicable
  building's exterior walls and appurtenances thereof shall  be  conducted
  at periodic intervals as set forth by rule of the commissioner, but such
  examination shall be conducted at least once every five years.
    (1)  The initial examination for any building in existence on February
  twenty-first, nineteen  hundred  eighty  shall  be  conducted  prior  to
  February  twenty-first,  nineteen  hundred  eighty-two  and  the initial
  examination for any building thereafter constructed shall  be  conducted
  in the fifth year following the erection or installation of any exterior
  wall and/or enclosures.
    (2)  Such examination shall be conducted and witnessed by or under the
  direct supervision of a  licensed  architect  or  licensed  professional
  engineer by or on behalf of the owner of the building.
    (3)  Such  examination  shall include, in addition to an inspection, a
  complete review of the most recently prepared report.
    (4) Such examination  shall  also  be  conducted  in  accordance  with
  applicable rules promulgated by the commissioner.
    (b)  Notification  requirements.  Whenever  an  architect  or engineer
  learns through a critical examination of a building's exterior walls and
  appurtenances thereof of an unsafe condition prior to the  filing  of  a
  report  with  the department of buildings pursuant to subdivision (c) of
  this section, he or she shall notify the owner  and  the  department  of
  buildings immediately in writing of such condition.
    (c)  Report  of examination. Such architect or engineer shall submit a
  written report  certifying  the  results  of  such  examination  to  the
  commissioner,  clearly  documenting  the condition of the exterior walls
  and appurtenances thereof, as either safe, unsafe or safe with a  repair
  and  maintenance  program.  The  report  shall  include  a record of all
  significant deterioration, unsafe conditions and  movement  observed  as
  well  as  a  statement  concerning  the  watertightness  of the exterior
  surfaces. Such report must be signed by and bear the  professional  seal
  of such architect or engineer.
    (d) Necessary repairs. (1) Unsafe condition. a. Upon the filing of the
  architect's  or  engineer's  report  of  an  unsafe  condition  with the
  commissioner, the owner, his or her agent or the person in charge  shall
  immediately  commence such repairs or reinforcements and shall undertake
  such measures as may be required to secure public safety and to make the
  building's exterior  walls  or  appurtenances  thereof  conform  to  the
  provisions of this code.
    b.  All unsafe conditions shall be corrected within thirty days of the
  filing of the critical examination report.
    c. The architect or engineer shall inspect the premises  and  file  an
  amended  report  setting  forth the condition of the building within two
  weeks after repairs to correct the unsafe condition have been completed.
    d. The commissioner may grant an extension of time  of  up  to  ninety
  days  to  complete  the  repairs required to correct an unsafe condition
  upon receipt and review of an initial extension application submitted by
  the architect or engineer together with such additional documentation as
  may be prescribed by rule.
    e. The commissioner may grant a further extension of time to  complete
  the  repairs  required  to  remove  an unsafe condition upon receipt and
  review of an application  for  a  further  extension  submitted  by  the


  architect or engineer together with such further documentation as may be
  prescribed by rule.
    (2) Safe condition with a repair and maintenance program. An architect
  or  engineer  shall  not file a report of a safe condition with a repair
  and maintenance program for the same building for two consecutive filing
  periods unless the second such report  is  accompanied  by  his  or  her
  certification  attesting  to the correction of all conditions identified
  in the earlier report as requiring repair.
    (e) Exceptions. The additional requirements imposed  by  this  section
  shall  not be applied to any part of an exterior wall which is less than
  twelve inches from the exterior wall of an adjacent building.
    (f) Violations. Any person who shall violate, or refuse, or neglect to
  comply with any  provisions  of  this  section  shall,  upon  conviction
  thereof, be punished by a fine of not more than one thousand dollars, or
  by  imprisonment  not exceeding six months, or both; and any such person
  shall, also, for each offense, be subject to the payment of a penalty in
  the  sum  of  two  hundred  fifty  dollars  for  each  month  there   is
  non-compliance, to be recovered in a civil action brought in the name of
  the commissioner.
    (g)  With  respect  to buildings in existence on March first, nineteen
  hundred ninety-eight, the initial critical examination  of  an  exterior
  wall  which  was not subject to such examination under the provisions of
  paragraph one of subdivision d of this section in effect  prior  to  the
  effective  date  of  this  local  law  shall be conducted prior to March
  first, two thousand.