Maintenance of Exterior Walls

NYC Admin. Code tit. 28, ch. 3, art. 302

in effect

NYC Admin. Code § 28-302.1 General.

§ 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 requirement 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.

NYC Admin. Code § 28-302.2 Inspection requirements.

§ 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, provided such periodic intervals are between 6 to 12 years. The initial examination for a new building shall be conducted in the eighth year following the erection or installation of any exterior wall 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. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2025/049, 4/17/2025, eff. 10/1/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2007/038, L.L. 2021/126, and L.L. 2025/049.

NYC Admin. Code § 28-302.3 Immediate notice of unsafe condition.

§ 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.

NYC Admin. Code § 28-302.4 Report of critical examination.

§ 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, at least once during each five-year report filing cycle, as defined by rule of the department 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 signed and sealed by such registered design professional. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-302.5 Repair of exterior walls, unsafe condition.

§ 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 90 days of filing the critical examination report. 2. The owner shall engage a registered design professional to 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. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-302.6 Safe condition with a repair and maintenance program.

§ 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.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-157991Fetched: 10/24/2026