Understanding NYC Parapet Inspection Laws

Section 28-301.1.1 - Annual Parapet Observation Requirement

MANDATORY for All Buildings - Effective January 1, 2024

Beginning January 1, 2024, every building owner must have an observation of the parapet on their building(s) performed in accordance with Section 28-301.1.1 of the New York City Administrative Code.

Who Must Comply:

• ALL buildings with parapets fronting the public right-of-way, regardless of height
• This requirement applies to buildings of any size or height

Exemptions:

• Detached 1- or 2-family homes
• Buildings with a fence or other barrier preventing access to the exterior wall

Observation Requirements:

• Observations must be performed annually
• The observation must include close-up inspections of the entire parapet
• Inspections can be conducted from a fire escape or roof
• See 1 RCNY §103-15 for detailed observation and report requirements

Record Keeping:

• Owners must maintain observation reports for at least six (6) years
• Reports must be available to the Department upon request

Why it matters: This is a mandatory requirement for virtually all buildings in NYC. Non-compliance can result in violations and fines. Regular observations help identify issues early and protect public safety.

Who Can Perform Parapet Observations

Qualified Personnel - Per NYC Requirements

Observations must be performed annually by a person competent to inspect parapets, including but not limited to:

• Construction trades: Bricklayer, building superintendent, handyman, mason, or person in a similar construction-related trade
• Licensed professionals: Architect or engineer
• Authorized inspectors: Inspector working for a New York State-authorized insurance company
• Certified inspectors: New York State-authorized building inspector
• Other qualified individuals: Any other individual capable of identifying hazards on the parapet

Important: The person performing the observation must have the knowledge and experience to identify parapet hazards and deterioration. Our team includes OSHA-certified professionals with 38 years of construction experience, making us qualified to perform these observations.

What Must Be Observed

Required Inspection Elements - Per NYC Code

The observation must include, but is not limited to, the following determinations:

1. Structural Alignment (Plumb)

• A determination that the parapet is plumb by a horizontal distance within one-eighth of its cross-sectional thickness in any location
• This measures whether the parapet is leaning or out of alignment

2. Deterioration Assessment

A determination of whether there is excessive deterioration, including but not limited to:

• Displacement - Parapet sections that have shifted or moved
• Horizontal or diagonal cracks - Cracks that indicate structural stress
• Missing or loose bricks - Bricks that have fallen out or are loose
• Missing or loose coping stones - The top stones that protect the parapet
• Deteriorated mortar joints - Mortar that has crumbled or eroded
• Spalling - Surface material that has chipped or flaked off
• Rot - Decay in any materials (wood, etc.)

3. Appurtenances Inspection

A determination that appurtenances have been installed and maintained in a stable condition, including:

• Telecommunications equipment
• Railings
• Roof access rails
• Gooseneck ladders and handrail attachments for fire escapes
• Signs

Comprehensive assessment: These observations help identify potential hazards before they become dangerous conditions requiring emergency repairs.

Notifications of Hazardous or Unsafe Conditions

Immediate Action Required - MANDATORY

If unsafe conditions are found during the observation, immediate action is required:

Immediate Notification to DOB:

The person performing the observation must immediately notify the Department of Buildings by:

• Calling 311
• Emailing parapets@buildings.nyc.gov

Immediate Public Protection Required:

The owner must immediately install public protection, such as:

• Erecting a sidewalk shed
• Removing the unsafe condition
• Closing off the area with a fence
• Installing safety netting
• Any combination of the above as required to secure the safety of the public

Repair Timeline:

• All unsafe conditions must be corrected within ninety (90) days from the notification to the Department
• The public protection must remain in place until the unsafe condition is remedied

Critical importance: Early detection through annual observations helps identify issues before they become unsafe conditions, potentially avoiding costly emergency repairs and sidewalk shed requirements that can cost thousands of dollars per month.

Report Requirements (1 RCNY §103-15)

Required Documentation - Per NYC Code

The observation report must include, but is not limited to, the following information:

Property Information:

• The address of the property
• A location plan of the parapet(s) observed

Owner Information:

• The name, mailing address and telephone number of the owner of the building
• If the owner is not an individual: the name, mailing address, telephone number, and position/title of a principal of the owner

Observer Information:

• The name of the person performing the observation
• If other than the owner: their mailing address, telephone number, affiliation with the building or owner, and business name (if applicable)

Observation Details:

• The date(s) of the observation
• The construction of the parapet, including but not limited to material, height, and thickness
• General conditions noted
• Whether any unsafe conditions were found
• Actions taken to remedy unsafe conditions
• Any repairs made to the parapet since the previous report
• Dated photos documenting the conditions at the time of observation

Documentation importance: Proper documentation ensures compliance with NYC requirements and provides a record of building conditions over time. Reports must be maintained for at least 6 years and made available to the Department upon request.

Key Regulations and References

Official NYC Laws and Codes

• Section 28-301.1.1 of the New York City Administrative Code: Establishes the annual parapet observation requirement
• 1 RCNY §103-15: Details observation and report requirements for parapet inspections
• NYC Building Code: Contains structural and safety requirements for parapets
• OSHA Regulations: Apply to worker safety during parapet repair work
• Historic Preservation: Landmarked buildings may have additional requirements for parapet repairs
• Insurance Requirements: Many insurance policies require proof of regular inspections and compliance
• Liability Considerations: Property owners are legally responsible for injuries or damages caused by parapet failures

Official Resources: For the most current information, visit the NYC Buildings Department Parapets page and review the referenced codes and regulations.