Section 28-305.1
§28-305.1 Retaining walls, partition fences and other site structures.
In addition to the requirements set forth in chapter 33 of the New York
city building code, the responsibility for maintaining and repairing
retaining walls, partition fences and other site structures shall be in
accordance with sections 28-305.1.1, 305.1.2 and 305.4.
Section 28-305.1.1
§28-305.1.1 Structures located on the lot line of adjacent properties
and partially on both properties. The owners of adjacent properties
shall be responsible jointly for the proper maintenance and repair of
retaining walls, partition fences and other site structures, or portions
thereof, that are located along the common lot line and on both their
properties; and each such owner shall be responsible for one-half of the
costs of maintaining and repairing such fences, retaining walls and
other site structures, or such portions thereof. Where an owner elects
to remove temporarily a retaining wall or partition fence that is
required to support a grade differential between the two properties, or
for any other reason is required by this code, such owner shall protect
the adjacent property, shall not impair its safe use, and shall replace
the retaining wall or partition fence at his or her own cost.
Section 28-305.1.2
§28-305.1.2 Structures located entirely on one property. Where such
retaining walls, partition fences or other site structures, or portions
thereof, are located entirely on one property, the owner of such
property shall be wholly responsible for the proper maintenance and
repair of the retaining wall, partition fence or other site structure.
If, however, the proper maintenance and/or repair of such retaining
wall, partition fence or other site structures requires access to the
adjoining property, the owner of such adjoining property shall allow
such access.
Section 28-305.2
§28-305.2 Retaining walls required. Hereafter, when an owner elects to
set his or her grade either higher or lower than the grade of an
adjoining property at the property line, such owner shall erect,
maintain and repair a retaining wall of sufficient height, structure and
foundation to support such grade differential, and with proper drainage,
in accordance with this code, such that the adjacent property is not
impacted, and shall do so at the sole expense of such owner and entirely
on the property of such owner without access to the adjoining property.
Section 28-305.3
§28-305.3 Special agreement. Nothing in this article shall be
construed to prevent the owners of adjacent properties from making or
enforcing by private action special agreements with respect to
maintenance or repair of retaining walls, partition fences and other
site structures or access to adjoining property for such purpose.
Section 28-305.4
§28-305.4 Maintenance, inspection and repair of retaining walls.
Maintenance, inspection and repair of retaining walls shall comply with
the following provisions:
Section 28-305.4.1
§28-305.4.1 Retaining wall. For the purposes of this section,
retaining wall shall mean a wall that resists lateral pressures and
limits lateral displacement caused by soil, rock, water or other
materials, except that basement and vault walls that are part of a
building, underground structures, including but not limited to utility
vault structures, tunnels, transit stations and swimming pools, shall
not be considered retaining walls.
Section 28-305.4.2
§28-305.4.2 Owners of retaining walls with a height of ten feet or
more and fronting a public right-of-way shall comply with the
requirements of this section. For the purposes of this section, the
height of a retaining wall shall be the distance from the top of the
ground in front of the wall to the top of the wall stem, or wall step
for stepped walls, including any parapets or fencing capable of
retaining material.
Section 28-305.4.3
§28-305.4.3 Condition assessment requirements. A condition assessment
of a retaining wall shall be conducted at periodic intervals as set
forth by rule of the commissioner, but such assessment shall be
conducted at least once every five years. The commissioner may establish
staggered assessment cycles for retaining walls required to comply with
this section.
Section 28-305.4.3.1
§28-305.4.3.1 The condition assessment shall be conducted on behalf of
the owner by or under the direct supervision of a registered design
professional with appropriate qualifications as prescribed by the
department.
Section 28-305.4.3.2
§28-305.4.3.2 The condition assessment shall be conducted in
accordance with rules promulgated by the commissioner.
Section 28-305.4.4
§28-305.4.4 Report of condition assessment. A report of condition
assessment shall be submitted to the department in accordance with the
following provisions.
Section 28-305.4.4.1
§28-305.4.4.1 Except as otherwise provided in subdivision 28-305.4.6,
below, the registered design professional shall submit a written report
to the commissioner within sixty days of completing the assessment, but
not more than five years following submission of the preceding report of
assessment, certifying the results of the assessment as either safe,
safe with minor repair or safe with repair and/or engineering
monitoring, as prescribed by rules of the department.
Section 28-305.4.4.2
§28-305.4.4.2 The report shall clearly document the condition of the
retaining wall and shall include a record of all significant
deterioration, potentially unsafe conditions of the wall or affecting
the wall, and movement observed. The report must be certified by the
registered design professional.
Section 28-305.4.5
§28-305.4.5 Fees. Every owner of a retaining wall shall pay to the
department a report filing fee for each report of condition assessment
in the amount prescribed by this code.
Section 28-305.4.6
§28-305.4.6 Immediate notice of unsafe condition. Whenever the
registered design professional under whose supervision the inspection is
performed learns of an unsafe condition through a condition assessment
of a retaining wall, such person shall notify the owner and the
department of such condition immediately by calling 311 and by written
notification to the department.
Section 28-305.4.7
§28-305.4.7 Repair of unsafe condition. Upon the notification to the
department of an unsafe condition, the owner or the owner's agent shall
immediately commence such repairs, reinforcements or other measures as
may be required to secure public safety.
Section 28-305.4.7.1
§28-305.4.7.1 The owner or the owner's agent shall obtain a permit
from the department in order to correct the unsafe condition, after
securing public safety as provided above.
Section 28-305.4.7.2
§28-305.4.7.2 The owner or the owner's agent shall monitor the
protection of public safety until the unsafe condition is remedied.
Section 28-305.4.7.3
§28-305.4.7.3 The owner or the owner's agent shall reinspect the
retaining wall and file an amended report within two weeks after the
repairs have been completed certifying that the unsafe conditions of the
retaining wall have been corrected.
Section 28-305.4.7.4
§28-305.4.7.4 The commissioner may grant an extension of time of up to
ninety days from the date of the application for an extension 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.
Section 28-305.4.7.5
§28-305.4.7.5 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 28-305.4.8
§28-305.4.8 Safe with repair and/or engineering monitoring. A
retaining wall or any part thereof that may pose a potential danger to
persons or property, but does not require immediate action shall be
rated safe with repair and/or engineering monitoring. This condition
requires further investigation and timely remedial action to prevent its
deterioration into an unsafe condition. A registered design professional
shall be responsible for appropriately monitoring the wall until the
repair is completed.
Section 28-305.4.8.1
§28-305.4.8.1 The registered design professional shall not file a
report of safe with repair and/or engineering monitoring for the same
retaining wall 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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