Why NY Lawmakers are Pushing for Local Changes After Surfside Collapse

Why NY Lawmakers are Pushing for Local Changes After Surfside Collapse

In the days and weeks following the sudden Surfside condo collapse, the nation watched in horror as the unimaginable loss of life unfolded.

According to a 2021 Statista Research Department data report, approximately 24 percent of New Yorkers live in apartment complexes. For many residents around the state, it raised safety concerns and questions about infrastructure closer to home. How safe are the apartment buildings and condominiums that house New Yorkers?

As a “municipal home rule” state when it comes to zoning regulations, local New York municipal governments adopt and enforce their own zoning ordinances rather than countywide zoning.

You might be familiar with the NYC Facade Inspection Safety Program (formerly known as Local Law 11), which requires NYC buildings taller than six stories to have their facades inspected and repaired every five years. But depending on what part of New York you call home, the rules will likely be very different. Every local government of the 42 municipalities within Orange County, for example, has its own zoning codes and zoning maps. Your local county Department of Planning likely strives to maintain current versions of zoning maps for all of the municipalities within your respective county. Taking the time to stay current with this information helps to inform planning policies, understand areas where future growth may likely occur, and assess the suitability and compliance of various land use proposals. But still, it’s important to ask: how often are your local leaders following up, or making necessary changes to zoning codes?

The next step would be evaluating the construction of buildings. For example, following the Surfside tragedy, The New York Times reported that “Three years before the deadly collapse… a consultant found alarming evidence of ‘major structural damage’ to the concrete slab below the pool deck…”

At the time the consultant noted, “Though some of this damage is minor, most of the concrete deterioration needs to be repaired in a timely fashion.” Although the engineer’s report helped shape plans for a multimillion-dollar repair project more than two and a half years after the building managers were warned, the collapse preceded any action. For many, the message rings loud and clear: some fixes can’t be delayed and that may mean local protocols need to be updated.

In the wake of this disastrous event, three New York state senators are pushing for stiffer building inspection requirements to prevent a repeat tragedy.

Legislators from Nassau County, Brooklyn, and Staten Island proposed a law requiring building owners to pay for periodic inspections of their properties, according to the news outlet The Patch. “How much do we know about the structural integrity of our buildings here?” asked Sen. Todd Kaminsky at a news conference announcing the plan. Little else is known about the proposed law or when the group of senators, which also includes Diane Savino and Roxanne Persaud, plan to introduce it. The group wrote a letter to New York’s Code Council, a body of 17 gubernatorial appointees empowered to update the fire and energy conservation codes and to adopt more restrictive local standards upon the recommendation of local governments.

The New York Department of State, which oversees the Division of Building Standards and Codes, said it has been reviewing building codes since the Florida collapse.

“We are reviewing the senator’s letter and will also carefully review the final investigative report regarding the building collapse in Miami to examine whether any changes may be warranted in New York State to prevent a similar tragedy from happening here, and to help keep New Yorkers safe,” state officials said in a statement. State officials said local governments are responsible for enforcing state codes, including building permits, construction inspections, fire safety, and property maintenance inspections.

Even if your hometown does not have oceanfront erosion to contemplate, every neighborhood faces its own set of unique environmental factors and challenges.

The Surfside condo collapse acts as a somber reminder for local government to take very seriously its responsibility to residents. Proactively maintaining the structural integrity of the buildings that make up your community today could save a life, tomorrow.

Sources: Forbes, The Real Deal, Statista