FAÇADE INSPECTION SAFETY PROGRAM – LOCAL LAW 11

• Preliminary inspection to assess method and cost of inspection
• Review previous reports to assure building is up to date with code
• Insure pedestrian safety with sidewalk sheds & flag person
• Handle all scaffolding and equipment needs to perform inspection
• Certified rigger license holder and boom lift operator
• Inspection conducted by our Registered Architect/Professional Engineer
• Detail outline to building owner post inspection
• File cycle reports with NYC Department of Buildings (DOB)

In 1980, the NYC Department of Buildings enacted this law to protect pedestrian and vehicular traffic from pieces of building exterior that might fall. Local Law 11/98 requires all exterior walls and appurtenances over six stories of height to be inspected once every five years. At AMERISTRUCTURES, we cover all facets of Local Law 11/98. From erecting the scaffolding to the actual inspection by our registered architect/professional engineer to any restoration work needed.

General Requirements:

• Applies to all buildings greater than 6 stories plus a basement or penthouse. A basement is classified as having more than one-half its height above the grade plane. A cellar is not counted as a story being that more than one-half its height is below the grade plane. All exterior walls of applicable buildings are subject to inspection. The only exemption is for walls less than 12 inches from the wall of an adjacent building.
• The law mandates an inspection of the facade exterior walls and appurtenances must be done once every five years by a professional engineer or a registered architect within a two year cycle period.
• A physical inspection consisting of at least a single drop from a scaffold or other observation platform is required on a representative portion of a facade exterior wall.
• After inspection is complete; buildings are placed into three categories: Safe, Unsafe, or Safe with a Repairs Maintenance Program (SWARMP).
• ‘’Safe’’ is classified as all facade exterior walls and appurtenances requiring no maintenance repair work within the next five years.
• “Unsafe’’ is classified as any part of the facade exterior wall or appurtenances being hazardous to pedestrians or property. Architects/Engineers are required to report any ‘’Unsafe’’ conditions immediately to the DOB and to the building owners. The owner must immediately commence repairs, or reinforcement, and install a sidewalk shed, or other measures to secure public safety. All unsafe conditions are to be corrected within 30 days. Renewable extensions of up to 90 days may be granted by the Commissioner, if certain conditions are met. After the ”Unsafe” condition has been satisfactorily repaired, or stabilized, the professional files an ”amended“ report with the DOB, in which the unsafe conditions are re-classified as “Safe” or “SWARMP”, as the case may be.
• The DOB inspector will conduct a follow-up inspection after the “Unsafe” report is filed. If adequate safeguards are not found to be in place, the inspector may write one or more Environmental Control Board (ECB) violations.
  
• “Safe with a Repair Maintenance Program” (SWARMP) is classified as all parts of the facade exterior walls and appurtenances as being safe at present moment-but requires maintenance before the start of the next cycle to prevent its deterioration into “Unsafe” conditions.
• Any condition that was reported as “SWARMP” in a previous cycle that is not corrected at the time of the "current inspection" shall be reported in the inspection report filed with the DOB as an “Unsafe” condition.
• Inspection reports and amended reports must be filed with DOB borough in which the building resides. A copy goes to the DOB and building owner(s). A copy needs to be microfilmed as well.
• No Report Filed (NRF): There are two types of DOB and ECB violations which may be issued for non-compliance with the inspection requirements of Facade Inspection Safety Program (Local Law 11/98).
• NRF: Failure of the owner to file an inspection report prior to the reporting deadline. Failure to file an Amended Report: Failure of the owner to complete the repairs and file an Amended Report, or alternatively, to request an extension of time to complete the repairs. There is a late-filing penalty of $250 per month, until an acceptable report has been filed with the DOB. To remove these violations, it is necessary to present the following to the DOB: a TR-6 (Periodic Inspection of Exterior Walls and Appurtenances) form, stamped with the received and approved stamps and DOB staff initials; DOB Dismissal Letter (where applicable), a copy of the BIS internet "Facade" screen information; and payment of imposed penalty.
• For "new" buildings, initial inspection reports are due 5 years from the date of the first Temporary Certificate of Occupancy (TCO) for the building: For Cycle 7, this means, if the 5 year anniversary of a building's first TCO falls within the applicable "sub-cycle" (based on the last digit of the building's Block number), a report is due in Cycle 7. If the 5 year anniversary falls outside the Cycle 7 filing window, the initial report shall be due during the applicable sub-cycle of Cycle 8. Staggered Sub-Cycle Filing Window:

• The new cycle brings many new changes and challenges to the inspection report. The DOB adopted amended Rule 32-03, which details the staggered inspection cycles as well as other changes in inspection and reporting requirements.
• or cycle 7, buildings are divided into three groups based on the buildings last digit number of their respective “Block” number (as in “Block and “Lot”).
• For the first group of buildings (Sub-cycle 7A): "Block" numbers ending in the numbers 4, 5, 6 or 9, shall be filed with the DOB between February 21, 2010 and February 21, 2012. (The "filing window" for this group of buildings is 24 months in length. The window occurs exactly when it would have, had the staggered deadlines not been introduced.)
• For the second group of buildings (Sub-cycle 7B): "Block" numbers ending in the numbers 0, 7 or 8, shall be filed with the DOB between February 21, 2011 and August 21, 2012. (The "filing window" for this group of buildings is 18 months in length. The window commences 12 months later than it would have, had the staggered deadlines not been introduced.)
• For the third group of buildings (Sub-cycle 7C): "Block" numbers ending in the numbers 1, 2 or 3, shall be filed with the DOB between February 21, 2012 and February 21, 2013. (The "filing window" for this group of buildings is 12 months in length. The window commences 24 months later than it would have, had the staggered deadlines not been introduced.)

Cycle 7

SUB-CYCLE	LAST DIGIT OF BLOCK #	START DATE	END DATE
A	4, 5, 6, OR 9	2/21/2010	2/21/2012
B	0,7 OR 8	2/21/2011	8/21/2012
C	1, 2 OR 3	2/21/2012	2/21/2013

CYCLE 8

SUB-CYCLE	LAST DIGIT OF BLOCK #	START DATE	END DATE
A	4, 5, 6, OR 9	2/21/2015	2/21/2017
B	0, 7 OR 8	2/21/2016	2/21/2018
C	1, 2 OR 3	2/21/2017	2/21/2019

Other changes:

Window air-conditioners are longer allowed to be classified as “SWARMP”. Air conditioners will only be able to be reported as "Safe" or "Unsafe."

• Facade inspection must be conducted by what the DOB calls a “Qualified Exterior Wall Inspector”. QEWIs must be either a NY State registered architect or a NY licensed civil or structural professional engineer with at least one year experience.
• QEWIs are required to file inspection report with the DOB within 60 days of the date in which the inspection is complete.
• Filing fees will be added for initial filings, applications for extensions of time to complete repairs of unsafe conditions, as well as filing amended critical examination reports.
  

FISP Rule 103-04 http://www.nyc.gov/html/dob/downloads/rules/1_RCNY_103-04.pdf

Amended Rule 32-03 http://www.nyc.gov/html/dob/downloads/pdf/rule_32-03_facade_insp.pdf

Cycle 7 Fact Sheet http://www.nyc.gov/html/dob/downloads/pdf/cycle_7_report.pdf