MORE STRINGENT REQUIREMENTS, MORE DETAILED INSPECTIONS
For buildings taller than six stories the law requires physical, close-up inspections of all facades every five years. However, that 5-year cycle is divided into three smaller groups that each have a 2-year filing period. Your building’s position in that subcycle is based on the last digit of its block number.
ROLLING CYCLES
Cycle A is for block numbers ending in a 4, 5, 6 or 9. Cycle B is for block numbers ending in a 0, 7 or 8. Cycle C is for block numbers ending in a 1, 2, or 3. There have been nine cycles since the system was implemented, with subcycle 9C ending February 21, 2024. Cycle 9 overall ends February 20, 2025, and Cycle 10 begins immediately after.
You can read more about the subcycles on the Department of Buildings’ website, or refer to the diagram below to see how the subcycles are staggered within the larger 5-year rotation.
The updates to the law call for one close-up inspection for each 60 linear feet of street elevation (and/or elevation along a public right of way) as opposed to a minimum of one close-up inspection per street elevations as a whole. These inspections involve viewing the facade up close, sounding (hitting the facade with a hammer to test for strength and loose material), and a hands-on inspection for loose or falling material. Inspectors also look at appurtenances (anything attached to the facade, like a satellite dish) to verify their structural integrity.
Every other cycle, which is to say every 10 years, this inspection will also include probes for cavity wall buildings. These probes check cavity wall components, like the condition of wall ties, spacing, shelf angle conditions, brick bearings, internal waterproofing and other factors. QEWIs have several options when it comes to probing, from removing a portion of wall to using a borescope. The specific technique and size of area to probe are up to the expertise of the QEWI, and these tests may incur extra costs compared to the old inspection standards.
These measures should drastically improve safety and promote comprehensive repair solutions. However, the enhanced requirements will mean more time and more costs for inspections. To ensure compliance, Local Law 11 also includes structured fines for building owners who fail to make the necessary repairs and maintenance.
INSPECTIONS AND SAFETY RATINGS
Inspections can return three different statuses, and all Facade Inspection & Safety Program (FISP) inspections must be filed electronically with the Department of Buildings.
Safe: A safe rating relates to the condition of the building’s wall–as well as appurtenances like telecom equipment, signage and more. A safe rating means the wall, these attachments, and any other aspects of the building necessary for structural integrity will not require any repairs or maintenance to remain safe during the next five years.
SWARMP: If a building wall and its attachments are safe when they are inspected but will require maintenance or repairs sometime during the next five years, but not within the next year, they are rated SWARMP. Buildings rated Safe With A Repair and Maintenance Program will need attention to avoid deteriorating into an unsafe condition during the five-year filing period. Inspectors will provide these building owners with a list of issues and timeframe for that repair or maintenance work to be completed. Failing to complete the work may result in fines.
Unsafe: A building wall, attachment or structural issue that is hazardous to people or property and requires repair within one year of the inspection will lead to an Unsafe rating. Furthermore, if a building was previously rated SWARMP and the issues in that designation have not been corrected, the inspector must return an Unsafe result. The inspector will provide a list of repairs, and the building owner must immediately erect public protection as needed. Owners generally have 90 days to complete the repairs, but may receive an extension if they show they are making reasonable progress toward the repair.
“Once your façade is inspected, you will receive a report (FISP) that will certify your building façade as 'Safe', 'Safe With A Repair and Maintenance Plan' or 'Unsafe.'”
FINES FOR NONCOMPLIANCE
Owners who fail to file their inspection notices can be fined up to $5,000 each year immediately after the filing period for their inspection subcycle closes. In addition to that fine, owners may also be fined up to $1,000 as a late fee for each month they fail to file their inspection report.
Building owners may also face continuous fines if they don’t correct the issue, and also fail to make any progress on the repair. If the repair is not completed but reasonable progress is being made, an owner can file for an extension and stop the continuous fines.
To officially exit Unsafe status, the owner must remedy all Unsafe conditions mentioned in the associated FISP report. Those repairs must be signed off by a registered design professional (PE or RA). A QEWI will then file an amended SWARMP or Safe report, which must then be accepted by the Department of Buildings. Once the amended report has been accepted, only then can the public protection be removed.
The fine table to the right outlines the penalties a building owner may face if they have unresolved repairs, but are not filing extensions and making progress towards repairing the issues.
“Owners who fail to file their inspection notices can be fined up to $5,000 each year immediately after the filing period for their inspection subcycle closes. ”
FINAL THOUGHTS
While the details of Local Law 11 are complex, we’ve tried to make the next steps for building owners and owner representatives crystal clear. Here is a recap of what the law means for you.
+ Every building in NYC greater than six stories high must have a façade inspection by a Qualified Exterior Wall Inspector every five years.
+ Facade inspections are significantly more detailed than before, which will increase time and costs.
+ Inspection due dates occur in a rolling cycle every five years, and your filing period is based on your block number. Check the DOB website to see what subcycle your building falls in.
+ Once your façade is inspected, you will receive a report (FISP) that will certify your building façade as “Safe”, “Safe With A Repair and Maintenance Plan” or “Unsafe.”
+ Every building will get an exterior wall certificate with the results of the inspection, and all buildings are required to have that certificate posted for their current cycle.
+ Buildings rated Safe need to simply keep that certificate on display in their lobby.
+ Buildings rated SWARMP will receive a certificate for display, and the inspector will give them a repair plan to complete within a specified time frame.
+ Buildings rated Unsafe will receive a certificate for display and a repair plan with deadlines from their inspector. Owners of unsafe buildings also need to erect public protection immediately.
+ Failure to file a façade report or to make repairs may lead to fines, which can increase the longer the issues persist.
Step one to ensure your compliance and limit your liability is finding a Qualified Exterior Wall Inspector, who will help you understand your place in the cycle system and guide you through the inspection and report progress. EDG Restoration has highly-qualified inspectors available with years of experience in New York City. Email us at info@edgnyc.com if you are interested in connecting with one of our qualified professionals.
