Parapet Wall Inspections in New York City: Confusion and Debate

Parapet wall inspections are due by Dec 31. While the regulation’s goal is to insure that members of the public are safe from falling walls, there is still confusion as to what exactly is a parapet, who does the inspecting and what counts as preventing access. 

A parapet is a low protective wall that extends above the perimeter of the roof. “It’s brickwork that's exposed on both sides,” says Kevin Bone, co-founder of Bone Levine Architects. Because it is fully exposed to the elements, the masonry in parapets deteriorates more quickly, making it prone to damage and increasing the risk to people below. The inspections are just visual: no testing of materials and no probing required. No reports have to be filed with any city agencies, but a record of the inspection needs to be maintained onsite for six years. That record must have basic information including the address and date of inspection; contact information for the owner and the person inspecting; the location, construction and general condition of each parapet; and any repairs made since the last report, as well as dated photos. 

For brownstone co-ops and condos and buildings without staff, the regulations are particularly troublesome. Almost anyone can do the inspection, including but not limited to “a bricklayer, building superintendent, handyman, mason or a person in a similar construction-related trade,” and can be done from on the roof or the fire escape. But while the openness of the requirements can seem like a gift to building owners for now, it might end up being a trap. 

“A ‘handyman’ is the most general term in the world,” says Bone. “A handyman goes up and looks around and thinks everything looks okay, and then a window painter hangs a scaffold on the front of the building and the parapet falls off. How is the chain of liability and responsibility going to work? Is the handyman going to be held responsible? Is the building? Somewhere down the road, the Department of Buildings will issue some sort of policy and procedure memorandum to clarify what the requirements are.”

Brownstone buildings with decorative cornices — which the regulations define as “a projecting horizontal assembly that crowns a wall” — on their street-facing facade pose even more confusion. The roof-facing side can meet the roof at a right angle, or it may have a cricket (a small triangular structure for diverting water). At some buildings, a sloped section of roof rises to the top of the cornice, but experts disagree on whether this qualifies as parapet.  

Additionally, brownstones may have courtyards, staircases or lower apartment entrances that set brownstone facades back from the public sidewalk, and the question remains whether these count as a barrier that would exempt a building from the inspection. “What the City Council cares about is the parapet falling down and killing someone,” says Josh Blackman, CEO of Brownstone Property Group. “So when we talk about the public right of way, it doesn’t mean just the sidewalk — it’s where people are.” 

Bone agrees. “The purpose of this rule is to protect people,” he says. “A cornice could fall off and the UPS guy who’s delivering a package on a stoop could be hurt. Children coming and going in a courtyard could be hurt.”

And while over-regulation is a constant concern, when it comes to parapets boards should err on the side of caution, rather than look for reasons for an exemption, according to Bone: “It is better for the building, the owner, and the wellbeing of the community, if more of these parapets are looked at.”