13 CRR-NY 21.7NY-CRR
13 CRR-NY 21.7
13 CRR-NY 21.7
21.7 Description of property (and specification) (and building condition).
Each offering plan submitted pursuant to this Part must include a comprehensive description of the building(s) and property included in the project. If any materials being used are not new, the condition should be fully described. Describe and set forth outline specifications for all applicable items in the order listed below. If the building is undergoing partial rehabilitation, describe the condition of the major systems that are not being rehabilitated and are likely to require major upgrading within the next five years and highlight as a special risk.
(a) Location and use of property.
State whether this property and proposed use will comply with all zoning and use requirements at closing. Include in discussion:
(1) address;
(2) block and lot number;
(3) zoning; and
(4) permissible use.
(b) Status of construction.
Describe class of construction and current status, and whether a certificate of occupancy has been obtained and if not, what work must be completed before a permanent certificate of occupancy will be issued. For existing buildings state:
(1) year built;
(2) class of construction;
(3) certificate of occupancy, type and number; and
(4) alteration permit numbers and description of work.
(c) Site.
Discuss:
(1) size;
(2) number of buildings and use;
(3) streets:
(i) paving (material and condition);
(ii) curbing (material and condition);
(iii) catch basins, drainage (number, location and condition); and
(iv) street lighting (material, type, number, location and condition); and
(4) drives, sidewalks and ramps:
(i) paving (material and condition);
(ii) curbing (material and condition);
(iii) catch basins, drainage (number, location and condition); and
(iv) street lighting (material, type, number, location and condition).
(d) Utilities.
Identify source or provider of all utilities. Specifically identify which are public utilities or regulated companies and which are solely the obligation of the project. Indicate whether water, sewer (or septic tank), gas, electric and telephone are metered individually, collectively or by any other method of billing.
(e) Sub-soil conditions.
Describe (including water conditions):
(1) whether load bearing capacity and porosity is sufficient to support buildings;
(2) whether there is any moisture or seepage and, if any, indicate whether corrective actions are needed; and
(3) whether there is any danger from flooding, either due to water table in area or overflow from other bodies of water. Note potential for mudslides or erosion and what preventive action is appropriate.
(f) Landscaping and enclosures.
Describe:
(1) grass cover (type and whether seeded or sod, depth of topsoil);
(2) plantings (type and location);
(3) trees (kind, size and location);
(4) fencing (kind, location);
(5) gates (material, location);
(6) garden walls (material, location);
(7) retaining walls (material, location); and
(8) display pools and foundations (location, materials).
(g) Building height.
Specify:
(1) total height (total feet from ground level to highest part of roof);
(2) sub-sub cellar (floor or ceiling);
(3) sub-cellar (floor to ceiling);
(4) cellar (floor to ceiling);
(5) number of floors (actual);
(6) penthouse (height above roof);
(7) equipment rooms (height above roof); and
(8) parapet (height above roof).
(h) Occupancy.
Specify:
(1) number of units (for lofts, give usable residential space in square feet); and
(2) total number of residential rooms (state formula for calculation).
(i) Structural system.
Describe materials used. Include type of foundations and method of installation. Specify:
(1) Exterior of buildings:
(i) Walls. List materials, type of construction, method of construction. For New York City buildings, if Local Law 10 (1980) applies, state the results of the inspection. If Local Law 10 is inapplicable, so state. If insulated, specify “R” factor and type material.
(ii) Windows. Specify type and materials in all parts of the building including sills, screens, lintels, storm sash, hardware, single or double glazing and caulking. Indicate infiltration/air seepage level and state ability to withstand severe weather conditions in terms of ambients in area.
(2) Parapets and copings.
State type of materials and how secured in place.
(3) Chimneys and caps.
Indicate number, location and material of each chimney for boilers, incinerators, compactors and fireplaces. If fireplaces are not usable for wood fires, this fact must be conspicuously disclosed.
(4) Balconies and terraces.
Describe:
(i) deck finish (material);
(ii) balustrade (type, material);
(iii) railings (material);
(iv) copings (material);
(v) soffits (material); and
(vi) doors to balconies and terrace (type, material).
(5) Exterior entrances.
Describe:
(i) exterior doors and frames (material, type, lock);
(ii) vestibule doors and frames (material, type, lock);
(iii) exterior stairs (material, location);
(iv) railings (material, location);
(v) mail boxes (type, location); and
(vi) lighting (type, location).
(6) Service entrances.
Describe:
(i) doors and frames (material, type, lock);
(ii) gates (material, type, lock);
(iii) exterior stairs (material, location); and
(iv) railings (material, location).
(7) Roof and roof structures.
Describe:
(i) Type roofs for all areas:
(a) material (give number of plies and adhesive if built-up);
(b) insulation (“R” Factor);
(c) surface finish;
(d) Expected useful life;
(e) bond or guarantee; and
(f) flashing materials including counter flashing.
(iii) Drains:
(a) number;
(b) material and type; and
(c) gutters and leaders (type, material).
(iii) Skylights (location, type, material).
(iv) Bulkheads:
(a) stairs (materials);
(b) elevator (materials); and
(c) other.
(v) Metal work at roof levels:
(a) exterior, metal stairs (materials);
(b) vertical ladders, including gooseneck (material);
(c) railings (material);
(d) hatches to roof (type, material); and
(e) other.
(vi) Rooftop facilities (describe in detail).
(8) Fire escapes.
Specify whether sufficient to meet or exceed local safety codes (describe at each floor):
(i) location (describe how attached and supported);
(ii) floors covered;
(iii) drop ladder;
(iv) type; and
(v) materials.
(9) Yard and courts.
Describe each yard or court, including front, rear and interior areas, listing access methods.
(i) paving (material);
(ii) drainage (type and material);
(iii) railings (material);
(iv) stairs (material);
(v) fencing (type and material); and
(vi) walls (type and material).
(10) Interior stairs.
Describe:
(i) number of stairs of each type;
(ii) enclosure (construction and interior finishes);
(iii) stair construction (steel, concrete, wood);
(iv) stringers (material);
(v) treads (material);
(vi) risers (material);
(vii) guard rails (material); and
(viii) balustrade (material).
(11) Interior doors and frames.
Describe material, type, location for each and state whether fireproof or exceed fire/safety standard:
(i) unit entrances and interior doors and frames;
(ii) corridor doors and frames;
(iii) stair hall doors and frames; and
(iv) roof doors, basement doors and their frames.
(12) Elevators.
Describe:
(i) number of passenger and service elevators;
(ii) manufacturer of each and capacity;
(iii) type of operation for each elevator by elevator number;
(iv) automatic (type of controls);
(v) floors served;
(vi) type-hydraulic; gearless;
(vii) doors (sliding, swinging, manual, automatic);
(viii) location of machine rooms;
(ix) DC to motor (manufacturer);
(x) AC to motor-generator set (manufacturer); and
(xi) other.
(13) Elevator cabs.
Describe:
(i) kind (manufacturer);
(ii) floor (material);
(iii) walls (material);
(iv) ceiling (material); and
(v) lighting (describe).
(j) Auxiliary facilities.
(1) Laundry rooms.
Describe:
(i) location and number of rooms;
(ii) clothes washers (number and type [e.g., heavy duty, coin-operated, electric, gas, etc.]);
(iii) clothes dryers (number and type);
(iv) laundry trays (number and material);
(v) room ventilation (method and final exhaust); and
(vi) dryer ventilation (method and final exhaust).
(2) Refuse disposal.
Describe generally, including:
(i) incinerators (number, location, capacity, type, manufacturer);
(ii) compactors (number, location, capacity, type, manufacturer);
(iii) approvals by authority having jurisdiction (date of each approval);
(iv) initial storage location (ultimate storage location); and
(v) pick-up schedule and whether public or private provider.
(k) Plumbing and drainage.
(1) Water supply.
Describe system, pumps, storage and location.
(2) Fire protection system.
Describe:
(i) standpipes (material, size, location);
(ii) hose racks, hoses and nozzles (location);
(iii) sprinkler heads (type system, location); and
(iv) siamese connection (type, location).
(3) Water storage tanks and enclosures.
Describe:
(i) number, type, location of each;
(ii) material (interior and exterior of tanks including roofs);
(iii) access to tank (vertical gooseneck ladder, etc.);
(iv) capacity (total gallons); and
(v) capacity (fire reserve).
(4) Water pressure and how maintained.
(5) Sanitary sewage system.
General description including:
(i) sewage piping (materials);
(ii) sewage pumps (if any); and
(iii) sewage disposal (public/private; treatment; drainfield, sewer)
(6) Permits required.
List with dates obtained.
(7) Storm drainage system.
General description of system, method of disposal and materials including:
(i) catch basins (number, location);
(ii) yard and roof drains (number, location);
(iii) piping (materials); and
(iv) eject or sump pumps (describe in detail and describe conditions requiring pumps).
(l) Heating.
Describe (including space heating and domestic hot water heating):
(1) method (working of each system and its components). Give capacity for heating and distributing domestic hot water in terms of gallons, usage and recovery rates. Estimate the number of showers that may reasonably be taken per unit prior to loss of hot water. Describe heating system's adequacy to maintain comfortable conditions under anticipated weather conditions, specifying internal temperature and base ambient temperature used in calculations;
(2) number of boilers and description;
(3) manufacturer of boilers (model, capacity);
(4) manufacturer of burners (model);
(5) type of controls;
(6) radiators, piping, insulation, valves, pumps, etc.;
(7) fuel (for oil, give type and grade);
(8) location of oil tank and materials or enclosure;
(9) capacity of oil tank; and
(10) for gas (details on type and supply system).
(m) Gas supply (when not covered above).
Describe:
(1) type;
(2) meters; and
(3) piping.
(n) Air conditioning.
Describe cooling system's adequacy to maintain comfortable conditions under anticipated weather conditions, specifying internal temperature and base ambient temperature used in calculations. Describe:
(1) type of system;
(2) central system (give manufacturer, model and capacity);
(3) cooling towers, condensers (roof top, self-contained units, etc., including number, location and description); and
(4) individual units (window/sleeve - specify number, capacity EER, amperage, etc.).
(o) Ventilation.
Describe system in kitchens, fireplaces and all windowless areas such as corridors, garages, laundries, baths, etc.
(p) Electrical system.
Specify:
(1) service entrances to main service switchgear (amperes, voltage, phases, wire protective equipment);
(2) service to individual units;
(3) compartment switch gear (location and floor of sectional meter boards and transformers supplying power to the meter boards);
(4) unit service (ratings of main fuses, circuit breakers or fuses to units and ratings, number and size and type entrance wire for units);
(5) adequacy:
(i) service—average number of circuits per apartment and capacity to handle modern appliances—specifically air conditioners, dishwashers and electric dryers;
(ii) lighting and fixtures; and
(iii) convenience outlets, appliance outlets—average number per room including air conditioning outlets.
(6) Intercommunication and/or door signal systems.
(q) Television reception facilities.
(Master antennae, cable TV, antennae by tenants, security closed circuit TV.)
(r) Public area lighting.
Describe and state adequacy (entrances, halls and stairs, corridors, basements, sites and yards).
(s) Garages and parking areas.
Describe:
(1) location of garages (description of facility);
(2) location of parking areas (number of spaces in each);
(3) surfaces (materials used, lighting, fencing, etc.);
(4) parking (attended or not attended);
(5) garage ventilation (method and equipment);
(6) garage fire protection (method and equipment); and
(7) drainage.
(t) Recreation facilities.
If on roof, specify support system and describe:
(1) swimming pools (size including length, width, depth and capacity);
(i) enclosure (material including roof); and
(ii) pumping and filter system (describe material);
(2) tennis courts:
(i) type (clay, macadam, turf);
(ii) number and size;
(iii) lighting (number and type); and
(iv) fencing or enclosure (including distance between fence or enclosure and all sides of court);
(3) other (e.g., golf courses, boating facilities, etc.).
(u) Additional items, violations.
List all applicable permits which must be obtained and inspections which are to be done. List type of inspection, authority inspecting and duration of approval once obtained; include all compactors, incinerators, boilers, oil storage tanks, elevators, etc. In New York City include Department of Air Resources, Fire Department and Buildings Department permits. List all violations outstanding as the date of this report and the agency imposing the violation, the condition involved, the date violation issued, time permitted to cure and work required to cure. If no violations are outstanding, so state.
(v) Unit information.
Specify the unit designations for each type or line of units, including the number and type of rooms. Describe (include foyers, living rooms, dining areas, kitchens, bedrooms, bathrooms, etc.):
(1) Type and grade of finish material used in each type of unit and the number of coverings given. Include paint, wall and floor coverings, as well as specifying the type of flooring, walls and ceiling used.
(2) Specify all bathroom fixtures including manufacturer, model and type material of sink, tub, shower and toilet.
(3) Specify kitchen and laundry equipment including range, refrigerator, dishwasher, sink, cabinets, countertops, clothes washer, clothes dryer, hoods.
(i) If data is same for all units, a single narrative may be substituted for this schedule.
(ii) If any equipment or fixtures described are not included in the offering price, or the offering price is conditioned on the equipment and fixtures selected, such fact must be conspicuously noted in the body of the plan.
(w) Finish schedule of spaces other than units.
The following is a form of schedule to be given for each floor.
| Room | Floor | Walls | Ceiling | Remarks |
Show all common rooms and spaces including but not limited to: sub-sub cellar, sub-cellar, basement, first floor, penthouse floor, public and service halls, corridors, lobbies.
(x) General information.
Describe any fire or smoke safety devices installed in units and common areas.
(y) Additional information required.
Include in the description of property and improvements section of the plan:
(1) floor plans for each unit drawn to scale and showing room dimensions;
(2) a site plan showing landscape features, roads and clearly designated common areas including recreation and refuse disposal areas is required if more than one building is being offered;
(3) an area map showing the communities surrounding the cooperative is required if the cooperative is not located in a highly urban area.
(z) Asbestos.
(1) With respect to vacant buildings, state whether asbestos-containing material (ACM) is present in insulating or fireproofing material anywhere in the building(s). Sponsor shall perform such tests as are necessary to make such determination. In the event that ACM is present, sponsor shall have a person who is qualified to render an opinion on asbestos prepare a report on the asbestos in the building(s) (the “asbestos report”). Such asbestos report shall contain at least the following information:
(i) the qualifications of the person preparing the report;
(ii) a detailed inventory of the asbestos in each apartment and in all other areas of the property, including the location, amount of ACM, type and concentration of asbestos in the ACM, and condition. State whether the presence of any of the ACM poses an immediate health or safety hazard. State which apartments, if any, were not examined and describe efforts made to gain access to any such apartments;
(iii) recommendations for handling each and every item of the asbestos inventory, i.e., removal, enclosure, encapsulation, or leaving undisturbed;
(iv) how the recommendations should be implemented. Include, if applicable, whether apartments must be vacated or whether use of certain rooms will be limited and the projected duration thereof. State whether the work must be performed in compliance with New York City Local Law 76 of 1985 or any other applicable laws; and
(v) a recommended protocol for the future handling and maintenance of asbestos which will remain in the building, whether encapsulated, enclosed or left undisturbed.
In addition, the offering plan must state that the recommendations of the asbestos report will be expeditiously carried out by the sponsor if the closing has not occurred, or the apartment corporation if the closing has occurred but the sponsor is in control, and that it will be the responsibility of the apartment corporation to monitor and, whenever necessary, to treat or remove ACM which remains in the building(s) after the conversion to a cooperative.
(2) The provisions of this subdivision shall take effect on August 8, 1986.
(i) Proposed offering plans submitted to the Department of Law on or after February 8, 1987 shall contain a statement as to whether ACM is present in the building(s) and, if so, shall contain an asbestos report.
(ii) Offering plans submitted and/or accepted for filing between August 8, 1986 and February 8, 1987 shall be revised or amended no later than May 8, 1987 to include a statement as to whether ACM is present in the building(s) and, if so, shall be revised or amended to include an asbestos report no later than May 8, 1987. Such plans shall not be declared effective until 30 days after such statement and report are incorporated in an amendment and presented to purchasers.
(iii) Offering plans accepted for filing prior to August 8, 1986 in which any units remain unsold shall be amended no later than May 8, 1987 to include a statement as to whether ACM is present in the building(s) and, if so, shall be revised or amended to include an asbestos report no later than May 8, 1987. If before such an amendment is accepted for filing the sponsor seeks to declare the plan effective, close, or sell unsold shares, the sponsor shall amend the offering plan to inform prospective purchasers that such statement and asbestos report are forthcoming. Such amendment shall give purchasers the opportunity to delay closing until 30 days after the amendment containing such statement and asbestos report have been distributed to them. If any closings take place prior to the completion of asbestos removal and treatment work, sponsor shall place in escrow a sum of money sufficient to pay for said work, the amount to be determined by a person qualified to render an opinion on asbestos, but in no event less than $2,500 per unit.
(aa) Lead-based paint.
Include records, reports, violations and any other information known or available to the sponsor or its agents concerning the presence of lead-based paint and/or lead-based paint hazards.
13 CRR-NY 21.7
Current through July 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.