O’Mara and Lupardo disappointed in Cuomo veto of parking structure safety legislation

Thomas F. O'Mara

November 30, 2016

This result does not end our resolve to ensure we see action on this critical public safety issue. We have already spoken with the governor’s staff, counsel and the Department of State about our next steps. We will be working closely with all parties to ensure this is addressed as soon as possible.

Elmira, N.Y., November 30—Legislation sponsored by State Senator Tom O’Mara (R,C,I-Big Flats) and Assemblywoman Donna Lupardo (D-Endwell) to require periodic inspections by licensed professional engineers to ensure the safety of parking ramps throughout New York State has been vetoed by Governor Andrew Cuomo.

The legislation (S7669/A9614), which was endorsed by the American Council of Engineering Companies of New York, was approved by the Assembly and the Senate in June.

In a joint statement, O’Mara and Lupardo said, “We are very disappointed with the veto of our bill that would have ensured the safety and inspections of parking structures throughout the state. This result does not end our resolve to ensure we see action on this critical public safety issue. We have already spoken with the governor’s staff, counsel and the Department of State about our next steps. We will be working closely with all parties to ensure this is addressed as soon as possible.”

Lupardo and O’Mara introduced the legislation earlier this year following a number of failures of parking garages locally and across the state, including the partial collapse last summer of a parking ramp at UHS Medical Center in Johnson City in Lupardo’s district.  Following that incident, other parking garages in Binghamton and Ithaca were closed due to structural safety concerns.

The legislation proposed to amend the state’s building code standards to require:

> inspection of parking structures every five years, including an analysis of the design and any alterations, as well as a 10-year lifespan projection; 

> an immediate, additional inspection following any natural disaster or accident that could compromise structural integrity; and

> within 60 days, public reporting of the results of every inspection.

The inspections would be performed by licensed professional engineers. The new rules would cover private and public parking structures consisting of more than a single, at-grade level.

There are currently no state or federal requirements for periodic structural stability inspections of parking structures. Fire safety and property maintenance inspections are required as part of municipal code inspections every three years, but inspections of the actual structural stability of the structures are left up to the owner.

Read more from the Star-Gazette, "Cuomo vetoes bill on ramp inspections"