Local Law 126: Inspection Rules for NYC Contractors and Legal Experts
Understanding Local Law 126 Inspections
Local Law 126 of 2021 was enacted to prevent parking garage failures by mandating periodic structural inspections across NYC. The law (NYC Administrative Code §28-323) requires owners of parking structures in the city to hire a Qualified Parking Structure Inspector (QPSI) – a NYS-licensed Professional Engineer with at least three years of relevant structural experience certified by the Department of Buildings (DOB) – to examine each parking facility and file a condition report at least once every six years.
This applies to virtually all public or private garages used for parking or storing motor vehicles (whether open deck or enclosed), except small residential garages (1-2 family homes), very low-capacity garages (under three cars), open lots, and auto showrooms/repair shops. The goal is to catch and remediate issues from heavy vehicle loads, weather, and age before they become dangerous.
Each inspection must be documented in a Condition Assessment Report submitted through DOB NOW (the city’s online portal).
Key Elements of the Inspection Program
Structural Assessment: The QPSI will review available documentation (structural plans, past repair records, prior violations) and then perform an on-site evaluation of the garage. The inspection involves both a visual survey and hands-on testing of structural elements. At least 10% of each type of structural member (columns, beams, slabs, etc.) must be physically examined with extra attention to any signs of deterioration.
Inspector Certification: The QPSI must be a PE in good standing and complete a DOB certification process specific to parking garages. Owners should verify that their inspector is on the city’s approved QPSI list.
Classification of Garage Condition: After the assessment, the QPSI prepares the official report, including annotated photographs, descriptions of conditions, and recommended corrective actions with timelines. The report classifies the garage’s condition as:
Safe: No significant structural issues, requiring no repairs until the next cycle.
Safe with Repairs and/or Engineering Monitoring (SREM): The structure is currently safe but has deterioration that could become unsafe within six years if not addressed.
Unsafe: One or more conditions pose a hazard to people or property, requiring immediate action and repairs within 90 days.
Annual Observation Requirement: In addition to the full engineering inspection every few years, Local Law 126 mandates an annual visual check of each parking structure. The QPSI must develop an Annual Observation Checklist during the initial inspection, listing key areas and warning signs to be reviewed periodically.
Compliance Responsibilities for Contractors and Legal Professionals
Obligations of Owners and Contractors
Schedule inspections within the required timeframe and engage a QPSI to carry them out.
Perform all recommended repairs within the designated timeframes.
Hire qualified contractors to correct defects promptly, especially for Unsafe conditions that must be addressed within 90 days.
Role of Legal Professionals
Ensure property owners understand their inspection duties and deadlines.
Help retain the proper professionals through contracts with licensed QPSIs and qualified contractors.
Include compliance requirements in leases or management agreements if a third-party garage operator is involved.
Inspection Deadlines for NYC Parking Structures
Local Law 126 established staggered inspection cycles to roll out these requirements across all five boroughs in phases. Each cycle designates a window of time during which owners in certain areas must complete their inspection and file the QPSI’s report.
Filing Deadlines by Sub-cycle
Sub-cycle A: Manhattan Community Districts 1–7 – Reports due by December 31, 2023.
Sub-cycle B: Manhattan Community Districts 8–12 and Brooklyn – Reports due by December 31, 2025.
Sub-cycle C: Bronx, Queens, and Staten Island – Reports due by December 31, 2027.
A one-time Initial Observation Report was required for all later-cycle garages by August 1, 2024, to ensure early safety checks before their final compliance deadlines.
Penalties for Non-Compliance
Failure to comply with Local Law 126 can result in severe fines:
Late Filing: $1,000 per month past the deadline.
Failure to File: $5,000 per year for missing the required report.
Failure to Correct Unsafe Conditions: $1,000 per month beyond the 90-day repair window.
Failure to Perform Annual Observations: $1,250 per missed year.
Best Practices for Compliance
Steps to Ensure Compliance
Determine Applicability and Deadlines: Identify which properties are subject to Local Law 126 and mark the compliance deadlines.
Engage a QPSI Early: Secure an inspector at least a year before the deadline to avoid delays.
Maintain Regular Upkeep: Address minor issues early to prevent major repairs later.
Follow QPSI Recommendations Promptly: Implement repairs within the given timeframe.
Leverage Extension Requests: If a repair cannot be completed within 90 days, apply for an extension through DOB.
Document Everything: Keep records of inspections, repairs, annual observations, and filings for audit purposes.
Stay Informed on Legal Updates: Monitor DOB service notices and City Council actions that may change requirements.
By following these best practices, contractors and legal professionals can ensure compliance with Local Law 126, maintain building safety, and avoid costly fines and legal liabilities.
