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By: Joe DiPompeo, PE – Structural Workshop
On September 19, 2024, New Jersey lawmakers introduced Senate Bill 3636—a legislative proposal aimed at improving the safety of parking structures across the state. Although the bill has not yet been passed, it is currently under review by the Senate Community and Urban Affairs Committee. If enacted, the legislation would establish a framework for the cyclical inspection of parking structures, addressing growing concerns about aging infrastructure and public safety. As the bill remains pending, now is the time for property owners, engineers, and municipalities to understand its potential implications and prepare for what could become a significant shift in statewide building maintenance requirements.
1. Context & Rationale
Parking structures, due to their exposed location and heavy use, face a unique set of risks:
- Environmental wear: Freeze-thaw cycling, de-icing salts, and water infiltration accelerate corrosion and deterioration.
- Usage demands: evolving vehicle weights and rising occupancy contribute to structural stress.
- Deferred maintenance: Without mandated inspections, minor defects often persist and compound over time.
The periodic failures in similar structures underscore the catastrophic potential of neglected infrastructure. Bill S3636 aims to avert such occurrences in New Jersey by ensuring transparent, frequent structural assessment.
2. Bill Overview
Officially introduced on September 19, 2024, by Senator Cryan, Bill S3636 requires:
- Engagement of a licensed New Jersey professional engineer—holding a minimum of five years in structural inspection practice—to evaluate each parking structure at least every five years. The evaluation must address design-load capacity and usage safety, with a report delivered to the owner within 30 business days.
- Owners must submit these reports to the Department of Community Affairs (DCA) within 14 days of receipt.
- DCA will compile a list of applicable structures, notify delinquent owners, and allow a 30-day cure period.
- Structures failing inspection—or lacking compliant reports—may be closed by the DCA until remedial action is confirmed by a fresh evaluation.
- Regulations to implement the act are to be adopted by the Commissioner of Community Affairs within four months post‑enactment.
3. Significance for Stakeholders
Owners & Operators
Passage of S3636 signals a paradigm shift. Owners of municipal, commercial, and mixed-use parking facilities will need to:
- Schedule periodic engineer-led inspections
- Track compliance deadlines and maintain digital records
- Invest in preventive maintenance to address lesser defects before they necessitate structural closure
These steps may entail upfront costs but yield long-term savings and risk mitigation—especially in averting closures, liability, and catastrophic failures, but also in overall reduced lifecycle costs by spending on relatively inexpensive maintenance, instead of large repairs.
Engineering Community
This legislation broadens the demand for specialized structural inspection and positions professional engineers as the key custodians of public welfare that they are.
Regulators & Public Interest
For the DCA and municipalities, S3636 presents operational challenges:
- Database establishment of parking facilities statewide
- Process workflows for notice issuance, closure authority, and reopening protocols
- Judicial readiness to mediate disputes over closure orders
4. Strategic Approach: Best Practices for Compliance
For Building Owners and Managers
- Asset Audit: Compile all facilities and their original design capacities, maintenance records, and known vulnerabilities.
- Inspection Calendar: Initiate the first inspection within the five-year window, preferably sooner, via habitual contracts with structural engineers.
- Digital Compliance Framework: Establish secure portals for timestamped document delivery to DCA.
- Immediate Response Capability: Prepare for expedited rehabilitation or temporary closure in case of flagged issues.
For Professional Engineers
- Standardized Protocol Development: Implement consistent checklists that address concrete degradation, reinforcement corrosion, joint performance, vehicular loading, and drainage practices.
- Stakeholder Collaboration: Coordinate with owners and users to maintain continuity in usage data and maintenance history.
- Holistic Reporting: Provide clear, tiered reports—distinguishing urgent hazards from routine maintenance needs.
- Structured Follow-Up: Offer comprehensive support, from remediation design to reinspection, ensuring reopenings are certified.
For Regulators
- Public Register: Launch a transparent portal enabling users to query inspection status and repair histories.
- Enforcement Transparency: Publish closure data and timelines to reinforce compliance culture.
- Education & Outreach: Commission webinars, one-page guidance documents, and facilitated workshops to transition stakeholders smoothly.
5. Reducing Risk, Maximizing Value
S3636 balances proactive enforcement with structured flexibility. Owners retain autonomy over contractor selection and repair strategies, provided they meet engineering standards. Engineers define compliance levels, offering solutions ranging from chloride mitigation to load re-rating and waterproofing. Regulators maintain public safety shields—closing high-risk structures while empowering owners to resolve issues and reopen facilities without prolonged penalties.
6. Why Five Years? Engineering Justification & Regional Precedents
The proposed five-year interval aligns with widely accepted engineering standards and regional best practices:
• ACI and ASCE recommend inspection frequencies based on environmental exposure and structural risk.
• New York City’s Local Law 126 mandates a recurring inspection and reporting cycle for parking structures every six years, underscoring the importance of routine structural assessments in dense urban environments.
A five-year requirement for New Jersey places the state at the more proactive end of the spectrum. It reflects a commitment to early detection—identifying structural issues before they escalate into serious hazards or costly repairs.
7. Anticipating Challenges
Implementation will confront several hurdles:
- Supply pressure: A surge in immediate service demand may test engineer and contractor availability.
- Cost-transfer: Owners might seek insurance-based or user-fee funding models.
- Definitional ambiguity: What defines a “parking structure” with regard to mixed-use or prefabricated facilities may require regulatory clarification.
- Borderline cases: Small private garages and home-based parking may not clearly fall under the requirement and may generate stakeholder ambiguity.
Addressing these proactively—through DCA rulemaking and stakeholder collaboration—will ensure clarity and fairness in enforcement.
8. The Structural Workshop Advantage
At Structural Workshop, we’ve been supporting clients through similar mandates in other jurisdictions—such as façade ordinances and NYC’s Local Law 126. Our expertise includes:
- Cycle-based inspections
- Load capacity determination
- Invasive Testing such as chloride testing, concrete-core testing, and corrosion monitoring
- Comprehensive reporting that meets regulatory standards
We believe that this law is not just a regulatory burden—it’s a milestone in shifting the industry toward a risk-aware, preventative maintenance culture. Parking structure owners who embrace this shift will not only ensure compliance but also enhance longevity and value.
9. Call to Action
- Owners: Begin audit processes immediately—don’t wait until the first five-year deadline.
- Engineers: Prepare scale inspection capacity and refine report standards.
- Regulators: Engage stakeholders early to communicate the act’s expectations and clarify application scope.
- Structural Workshop: We invite you to schedule a consultation. Whether it’s building your inspection calendar or navigating remediation, our team is ready to support seamless, safe compliance.
The introduction of Bill S3636 marks a critical evolution in New Jersey’s approach to public safety and structural resilience. By mandating regular, engineer-led inspections, the state is instituting a protective buffer against deterioration and risk. The cost of these inspections and subsequent repairs is minor compared to the expense—or tragedy—resulting from inaction.
Structural Workshop stands ready to help New Jersey’s parking infrastructure adapt to this forward-thinking regulation. We commend legislators for advancing accountability and welcome the opportunity to guide owners, engineers, and regulators through a future grounded in safety.