Each offering plan submitted pursuant to this Part must include a
comprehensive narrative description of the building(s) and property included in the project. Emphasis should be on present condition of premises
including deficiencies probably unknown to occupants, rather than description of material make-up visually obvious to each resident. The inspection
of the property upon which the description is based must have taken place within 180 days prior to submission of the offering plan to the Department
of Law. The Department of Law may in its discretion require a further inspection and report. The condition of all systems and materials must be fully
described. Such report(s) shall disclose all defective conditions apparent upon inspection, and shall note any defective condition which is hazardous
or which requires immediate repair to prevent further deterioration. Identify and describe all applicable items in the order listed below. Where an
item is not specifically identifiable, it may be generally described, e.g., "two rows of deciduous trees" rather than "12 poplar and
12 maple trees in two lines." Where an item is not identifiable at all, a reason must be presented substantiating its unavailability.
(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.
State:
(1) year built;
(2) class of construction;
(3) certificate of occupancy, type and
number; and
(4) alteration permit numbers and description of work done.
(c)
Site.
Discuss:
(1) size;
(2) number of buildings and use;
(3) streets owned or maintained by the
project:
(i) paving (material and condition);
(ii) curbing (material and
condition);
(iii) catch basins, drainage (location and condition);
(iv) street lighting (material, type, location and condition); and
(v)
state whether these items are in conformity with local fire district, town or municipal building codes;
(4) drives, sidewalks and ramps:
(i) paving (material and condition);
(ii) curbing (material and condition);
(iii) catch basins, drainage
(location and condition);
(iv) street lighting (material, type, location and condition); and
(v) state whether these items are in conformity with local fire district, town or municipal building codes.
(d)
Utilities.
Identify source or provider of each utility. Specifically identify which
are public utilities or regulated companies and which are solely the obligation of the board of managers of the condominium. 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 uneven foundation movement or settling has occurred (cracking, mortar joint decay, etc.);
(2) whether there is any evidence of moisture or seepage or ground water infiltration and, if any, indicate whether
corrective action is needed; or
(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,
location);
(2) plantings (type, location);
(3) trees
(location);
(4) fencing (type, location);
(5) gates (type,
location);
(6) garden walls (type, location);
(7) retaining
walls (type, location); and
(8) display pools and fountains (location, materials).
(g)
Building size.
Specify:
(1) total height
(approximate total feet from ground level to highest part of roof);
(2) crawl spaces (floor to ceiling,
height);
(3) number of sub-cellars and cellars;
(4) number of
floors (actual including penthouses);
(5) equipment rooms (location and use);
(6) parapet (height above roof).
(h)
Structural
system.
Describe materials used, include type of foundation(s) 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 applies, include the entire report of the
results of the inspection. If Local Law 10 is inapplicable, so state. If such inspection is required, but not performed, specify as a violation. If
insulated, describe material, type, size and insulating value where available.
(ii) Windows. Specify type
and materials in all parts of the building including sills, screens, window guards, lintels, storm sash, hardware, single or double glazing and
caulking. Indicate whether lot line windows exist and describe any potential future problems.
(iii)
Landmark status. State whether building has landmark status and discuss consequences.
(2)
Parapets and copings.
State type of materials, how firmly secured in place and whether there is
any indication of problems e.g., leakage, spalling, deterioration of mortar, cracking, etc.
(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 terraces (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) mailboxes (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
(materials, location).
(7) Roof and roof structures.
Describe:
(i) Type roofs for all
areas:
(a) material;
(b) insulation (size, type and insulating value if
available);
(c) surface finish;
(d) bond or guarantee;
and
(e) flashing materials including counter flashing.
(ii) Drains:
(a) location, material and type; and
(b) gutters and leaders (type, material).
(iii) Skylights
(location, type, material).
(iv) Bulkheads:
(a) stairs
(material);
(b) elevator (material); and
(c) other.
(v) Metal work at roof levels:
(a) exterior, metal stairs
(material);
(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.
Describe at each floor and specify any unusual access situations:
(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 methods of access:
(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) guardrails (material); and
(viii)
balustrade (material).
(11) Interior doors and frames.
Describe material, type and location for each, and state whether
fireproof or exceeds fire/safety standards:
(i) unit entrance and interior doors and frames;
(ii) corridor doors and frames;
(iii) stair hall doors and frames;
and
(iv) roof doors, basement doors and frames;
(12) Elevators.
Describe:
(i) number of
passenger and service elevators;
(ii) manufacturer, age of each and capacity (in lbs. and number of
passengers);
(iii) type of operation for each elevator by elevator number or location in building (for
large numbers of elevators describe by class-passenger/freight);
(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 motor
(manufacturer);
(x) AC motor-generator set (manufacturer);
(xi) other.
(13) Elevator cabs.
Describe:
(i) kind
(manufacturer);
(ii) floor (material):
(iii) walls
(material):
(iv) ceiling (material);
(v) lighting (describe);
and
(vi) alarm, safety system.
(i)
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);
(iii) Clothes dryers (number and type);
(iv)
room ventilation (method and final exhaust); and
(v) dryer ventilation (method and final exhaust).
(2) Refuse disposal.
Describe, including:
(i)
incinerator(s) (number, location, capacity, type, manufacturer);
(ii) compactor(s) (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.
(j)
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 tank(s) and enclosures.
Describe:
(i) number, type,
location of each;
(ii) material (interior, exterior and roof of tank);
(iii) access to tank (e.g., vertical gooseneck ladder);
(iv) capacity (total gallons);
(v) capacity (fire reserve).
(4) Water pressure and how maintained.
(5)
Sanitary sewage system.
Describe, including:
(i) sewage
piping (materials);
(ii) sewage pumps (if any); and
(iii)
sewage disposal (public/private; treatment; drainfield; sewer).
(6) Permit(s) required.
List and include date(s) obtained.
(7) Storm drainage system.
Describe system, adequacy, method of disposal and materials
including:
(i) catch basins (location);
(ii) yard and roof
drains (location);
(iii) piping (materials); and
(iv) eject
or sump pumps (describe in detail and describe conditions requiring pumps).
(k)
Heating.
Describe (including space heating and domestic hot water heating):
(1) heating and distribution of domestic hot water and whether capable of providing peak required services.
Describe heating system's ability to maintain legally required conditions under anticipated weather conditions, specifying internal temperature and
ambient temperature used in calculations;
(2) number of boilers and description;
(3) manufacturer and age of boiler(s) (model, capacity; alternatively, give type, approximate age and approximate
remaining useful life);
(4) manufacturer and age of burners (model; alternatively, give type and
approximate remaining useful life);
(5) type of controls;
(6)
radiators, piping, insulation, valves, pumps;
(7) fuel (for oil give type and grade);
(8) location of oil tank, materials, enclosure;
(9) capacity of oil
tank; and
(10) for gas (details on type and supply system).
(l)
Gas supply (if not described above).
Describe:
(1) type;
(2) meters; and
(3) piping.
(m)
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, including number, location
and description); and
(4) individual units covered by the offer (window/sleeve-specify number, capacity,
amperage and efficiency).
(n)
Ventilation.
Describe system in kitchens, fireplaces and all windowless areas such as
corridors, garages, laundries, baths, etc.
(o)
Electrical system.
Specify:
(1) service from main
service switchgear (amperes, voltage, phases, wire, protective equipment);
(2) service to individual
units (risers, etc.);
(3) compartment switch gear (location and floor of sectional meter boards and
transformers supplying power to the meter boards);
(4) unit service (ratings of fuses and circuit
breakers); adequacy of electrical system to handle modern usage and appliances such as air conditioners, dishwashers and dryers:
(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.
(p)
Intercommunication and/or door signal systems, security closed-circuit TV.
Specify mode of operation and condition. Describe television reception
facilities (master antennae, cable TV, antennae by tenants).
(q)
Public area
lighting.
Describe and state adequacy (entrances, halls and stairs, corridors,
basements, courts and yards).
(r)
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.
(s)
Swimming pool(s).
Describe in detail:
(1) type
(concrete, material composition) and location on property;
(2) size, including length, width, depth, and
approximate number of bathers permitted at any time;
(3) enclosure (material including roof);
(4) pumping and filter system (describe material);
(5) water heating
equipment or usage of building's hot water (feed or heat exchangers); and
(6) if on building roof,
specify structural support system.
(t)
Tennis courts, playgrounds and recreation
facilities.
(1) Tennis courts.
Describe:
(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).
(2) Playgrounds.
Describe location and size(s) of playground(s), fencing (if any),
equipment types and sand bed or safety padding.
(3) Other recreation facilities.
Describe any beach or lake front, boating facilities, golf course(s),
handball, basketball or other game courts.
(u)
Permits and certificates.
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, elevator safety, boiler safety, fire department and
buildings department permits.
(v)
Violations.
List all violations outstanding as of the date of this report and the
agency imposing the violation, the condition involved, the date violation issued, and work required by violation notice to cure. If no violations are
outstanding, so state.
(w)
Unit information.
Specify the number of units inspected. Specify the unit designations for
each typical unit or line of units, including the number and type of rooms. Give criteria for calculations of the number of rooms. For lofts give
useable residential space in square feet. Describe (include foyers, living rooms, dining areas, kitchen, 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)
Describe presence, type and condition of all bathroom fixtures.
(3) Describe presence, type and condition
of kitchen and laundry equipment.
(i) If data is substantially the 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.
(x)
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 |
Include all common rooms and spaces including but not limited to
sub-subcellar, subcellar, basement, cellar, first floor, penthouse floor, public and service halls, corridors, lobbies.
(y)
Safety and warning devices.
Describe any fire or smoke safety devices installed in units and common
areas. State what devices are required by law, and whether any required devices have not been installed.
(z)
Additional information required.
Include the following in the description of property and building
condition section of the plan:
(1) a site plan showing landscape features, roads, the outside dimensions of
the building(s) and designated common areas, including recreation and refuse disposal areas, and all privately owned access roads. The site plan may
be omitted if the building covers the entire lot;
(2) an area map showing the location of the condominium
with respect to its surroundings, if the condominium is not located in a highly urban area;
(3) floor
plan for each line or type of unit drawn to scale, indicating room dimensions, and showing unit boundaries;
(4) floor-to-ceiling heights of units;
(5) approximate total area of
each unit; and
(6) a master floor plan showing unit boundaries and the relationship of units to each
other. The master floor plan may be omitted if the site plan clearly shows unit boundaries and appropriate unit designations.
(aa) In the event that certain conditions in the building(s) cannot be adequately evaluated by a visual
examination, the Department of Law may, in its discretion, direct that an independent engineer or testing laboratory be retained to perform such
tests or monitoring as may be necessary in order to make adequate disclosure. Conditions which may require additional testing or monitoring include,
but are not limited to: settlement, masonry cracks, rusting of structural steel, adequacy of concrete cover, firestopping, etc. Test results must be
reported in the offering plan or in an amendment thereto.
(ab)
Further development.
If the sponsor intends to add additional units to the building, either
above the existing roof, outside the existing building development, or by altering space within the building, it must make disclosure about the new
units to conform to section 20.7 of this
Title. In addition:
(1) If the additional units are to be added, sponsor must submit plans and
specifications approved by all necessary local governmental agencies before the offering plan may be accepted for filing.
(2) If the additional units will be on top of an existing structure, state:
(i)
whether the existing structure has sufficient capacity to support the additional load, and, if not, what steps are being taken to support the
increased load; and
(ii) what the resulting building height will be.
(3) Describe the components which will be removed, relocated, or extended, e.g., parapet,
bulkheads, roof, tanks, elevators, service rooms, landscaping, etc.
(4) Describe the effect the
additional structure will have on existing systems and state the adequacy of all existing systems which will be affected by the addition, including
heat and hot water, water pressure, sewage, elevators, electricity, air conditioning, parking and sprinklers.
(5) Include a list of facilities that will be shared by the existing and new structures, e.g.,
laundry room, intercom, garage, etc.
(6) State the effect that the renovation or construction will have
on tenants in occupancy. Specifically:
(i) State the manner in which construction debris will be handled and its
effect on common areas used by tenants.
(ii) Give the schedule for renovation and construction work,
e.g., Monday-Friday, 8:00 a.m. to 5:00 p.m., except holidays.
(iii) Describe any
measures that will be taken to protect the security of the building during the construction or renovation process. Include a statement of the manner
in which tenants and construction workers will gain access to the building.
(iv) State whether there will
be any interruption of services during construction or renovation and, if so, provide details. This includes water, electricity, elevator service and
laundry rooms.
(v) State whether new piping will be added to existing piping and whether such work may
cause breaks in existing piping. If so, state whether precautions will be taken to minimize damages and state who will be responsible for any such
damage.
(vi) State whether the sponsor and/or contractors will have liability insurance in effect during
construction.
(ac)
Asbestos.
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:
(1) the
qualifications of the person preparing the report;
(2) 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 ACM, and condition. At
least 10 percent of all apartments must be inspected in an initial inspection. If ACM is found in any of these apartments, a second inspection, with
notice to tenants and at least partially during nonbusiness hours, must be performed in all remaining accessible apartments. List apartments
inspected;
(3) recommendations for handling each and every item of the asbestos inventory,
i.e., removal, enclosure, encapsulation, or leaving undisturbed;
(4) 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
(5) a recommended protocol (operations and maintenance program) for the future
handling and maintenance of asbestos which will remain in the building, whether encapsulated, enclosed or left undisturbed.
(ad)
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.
