Section 28-302.1
§28-302.1 General. A building's exterior walls and appurtenances
thereof shall be maintained in a safe condition. All buildings greater
than six stories shall comply with the maintenance requirements of this
article.
Exception: The requirements imposed by this article shall not apply to
any part of an exterior wall that is less than 12 inches (305 mm) from
the exterior wall of an adjacent building.
Section 28-302.2
§28-302.2 Inspection requirements. A critical examination of a
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. The
initial examination for a new building shall be conducted in the fifth
year following the erection or installation of any exterior wall and/or
appurtenances as evidenced by the issuance date of a temporary or final
certificate of occupancy or as otherwise prescribed by rule.
1. Such examination shall be conducted on behalf of the building owner
by or under the direct supervision of a registered design professional
with appropriate qualifications as prescribed by the department.
2. Such examination shall include a complete review of the most
recently prepared report and an inspection.
3. Such examination shall be conducted in accordance with rules
promulgated by the commissioner.
Section 28-302.3
§28-302.3 Immediate notice of unsafe condition. Whenever a registered
design professional learns of an unsafe condition through a critical
examination of a building's exterior walls and appurtenances thereof,
such person shall notify the owner and the department immediately in
writing of such condition.
Section 28-302.4
§28-302.4 Report of critical examination. The registered design
professional shall submit a written report to the commissioner within 60
days of completing the critical examination, but not more than five year
following submission of the preceding report of critical examination,
certifying the results of such critical examination as either safe,
unsafe or safe with a repair and maintenance program. The report shall
clearly document the condition of the exterior walls and appurtenances
thereof and 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 professionally certified by such registered design professional.
Section 28-302.5
§28-302.5 Repair of exterior walls, unsafe condition. Upon the
notification to the department of an unsafe condition, the owner, the
owner's agent or the person in charge shall immediately commence such
repairs, reinforcements or other 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.
1. All unsafe conditions shall be corrected within 30 days of filing
the critical examination report.
2. The registered design professional shall reinspect the premises and
file an amended report within two weeks after the repairs have been
completed certifying that the unsafe conditions of the building have
been corrected.
3. The commissioner may grant an extension of time of up to 90 days to
complete the repairs required to correct an unsafe condition upon
receipt and review of an initial extension application submitted by the
registered design professional together with such additional
documentation as may be prescribed by rule.
4. The commissioner may grant further extensions 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
registered design professional together with such further documentation
as may be prescribed by rule.
Section 28-302.6
§28-302.6 Safe condition with a repair and maintenance program. The
registered design professional 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 professional certification attesting to the
correction of all conditions identified in the prior report as requiring
repair.