• Codes
  • Features

    Features Overview

    Go to features
    Reference

    Reference.

    A reliable and up-to-date source of codes.
    Research

    Research.

    Rapidly and efficiently calculate project parameters.
    Collaboration

    Collaboration.

    Get everyone on the same page and streamline code research.
    Workflows
    Architects
    Architects
    General Contractors
    General Contractors
    Building Official & Plans Examiners
    Building Official & Plans Examiners
    Inspectors
    Inspectors
    Owners
    Owners
    Subcontractors
    Subcontractors
    Code Consultants
    Code Consultants
  • Pricing
  • Login
  • Sign Up
Sign Up
Login
  • Code Library
  • Features
  • Pricing
  • About
  • Careers
  • Help
  • Contact
  • Terms
  • Privacy
Sign Up
Upgrade to Premium
Code calculators: Code Calculators automatically generates a detailed list of requirements.
REFERENCE
Amendment Styling
Industry-leading search
Code diagrams
RESEARCH
Code calculators
Filter by topic
Code compare
Code sheet exports
COLLABORATION
Team projects
Bookmarks
Comments
START 2 WEEK FREE TRIAL
Have an account? Sign in
// CODE SNIPPET

§28-305.4 Maintenance, Inspection and Repair of Retaining Walls

NYC General Admin. Provisions 2014 > 3 Maintenance of Buildings > 305 Retaining Walls, Partition Fences and Other Site Structures > §28-305.4 Maintenance, Inspection and Repair of Retaining Walls
JUMP TO FULL CODE CHAPTER
Maintenance, inspection and repair of retaining walls shall comply with sections 28-305.4.1 through 28-305.4.8.

§28-305.4.1 Definition

As used in this article, the following term shall have the following meaning:

RETAINING WALL. 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.

§28-305.4.2 Owner's Responsibility

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.

§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 5 years. The commissioner may establish staggered assessment cycles for retaining walls required to comply with this section.

§28-305.4.3.1 Registered Design Professional

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.

§28-305.4.3.2 Department Rules

The condition assessment shall be conducted in accordance with rules promulgated by the commissioner.

§28-305.4.4 Report of Condition Assessment

A report of condition assessment shall be submitted to the department in accordance with sections 28-305.4.4.1 and 28-305.4.4.2.

§28-305.4.4.1 Submission Deadlines

Except as otherwise provided in section 28-305.4.6, the registered design professional shall submit a written report to the commissioner within 60 days of completing the assessment, but not more than 5 years following submission of the preceding report of assessment, certifying the results of the assessment.

§28-305.4.4.2 Contents

The report shall certify 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. 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.

§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.

§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.

§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.

§28-305.4.7.1 Permit

The owner or the owner's agent shall obtain a permit within the time set forth in the rules of the department in order to correct the unsafe condition, after securing public safety as provided above.

§28-305.4.7.2 Monitoring

The owner or the owner's agent shall monitor the protection of public safety until the unsafe condition is remedied.

§28-305.4.7.3 Reinspection

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.

§28-305.4.7.4 Extension

The commissioner may grant an extension of time of up to 90 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.

§28-305.4.7.5 Further Extension

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.

§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.

§28-305.4.8.1 Safe With Repair and/or Engineering Monitoring for Two Cycles

The registered design professional shall not file a report of safe with repair and/or engineering monitoring for the same retaining wall for 2 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.

Related Code Sections


*§28-305.4 Maintenance of Buildings, Maintenance, Inspection and Repair of Retaining Walls
Maintenance, inspection and repair of retaining walls shall comply with the following provisions ...
NYC General Admin. Provisions 2008 > 3 Maintenance of Buildings > 305 Retaining Walls > *§28-305.4 Maintenance, Inspection and Repair of Retaining Walls
§28-305.4 Maintenance of Buildings, Maintenance, Inspection and Repair of Retaining Walls
Maintenance, inspection and repair of retaining walls shall comply with sections 28-305.4.1 through 28-305.4.8 ...
NYC General Admin. Provisions 2014 > 3 Maintenance of Buildings > 305 Retaining Walls, Partition Fences and Other Site Structures > §28-305.4 Maintenance, Inspection and Repair of Retaining Walls
§28-305.4 Maintenance of Buildings, Maintenance, Inspection and Repair of Retaining Walls
Maintenance, inspection and repair of retaining walls shall comply with sections 28-305.4.1 through 28-305.4.8 ...
NYC General Admin. Provisions 2022 > 3 Maintenance of Buildings > 305 Retaining Walls, Partition Fences and Other Site Structures > §28-305.4 Maintenance, Inspection and Repair of Retaining Walls
*§28-305.4.3 Maintenance of Buildings, 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 ...
NYC General Admin. Provisions 2008 > 3 Maintenance of Buildings > 305 Retaining Walls > *§28-305.4 Maintenance, Inspection and Repair of Retaining Walls > *§28-305.4.3 Condition Assessment Requirements
*§28-305.4.5 Maintenance of Buildings, 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 ...
NYC General Admin. Provisions 2008 > 3 Maintenance of Buildings > 305 Retaining Walls > *§28-305.4 Maintenance, Inspection and Repair of Retaining Walls > *§28-305.4.5 Fees
Help Contact Us Privacy Terms
Shared projects
Shared projects
Projects provide a dedicated space to collaborate on code research.
Code Calculators
Code Calculators
Code calculators automatically generate a detailed list of requirements.
Code diagrams
Code diagrams
Unpack the code through illustrations and descriptions.
Code Compare
Code Compare
Highlight differences between any two building codes.
Code sheet exports
Code sheet exports
Generate a code sheet that integrates with your drawing set.
Search
Search
Don't miss relevant code. Quickly locate sections across your jurisdiction.
UpCodes Premium
Leverage the most sophisticated code compliance platform.
VISIT PRICING
UpCodes Premium
Leverage the full code compliance platform.
START 2 WEEK FREE TRIAL PRICING