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Local Law 11 Facade Inspections in NYC

Introduction

Local Law 11, now known as the Facade Inspection Safety Program (FISP), requires the owners of buildings six stories or higher in New York City to have their exterior walls and appurtenances inspected every five years by a Qualified Exterior Wall Inspector (QEWI). This program was enacted after falling debris from aging building facades caused injuries and fatalities on city streets. FISP is administered by the Department of Buildings and applies to thousands of buildings across the five boroughs. The inspection cycle is divided into sub-cycles based on the building's block number, with specific filing deadlines for each group. Non-compliance carries significant penalties, including fines and potential legal liability if a facade condition causes injury. This guide explains who must comply, what the inspection entails, and how to manage the process and costs.

Who Must Comply

FISP applies to all buildings in NYC that are six stories or taller, including residential, commercial, and mixed-use properties. The building owner is legally responsible for compliance. Co-op boards and condo associations are typically responsible for their buildings. The DOB assigns buildings to one of four sub-cycles (A, B, C, or D) based on the last digit of the building's block number. Each sub-cycle has a specific two-year filing window within the five-year cycle. Building owners must hire a QEWI, which is either a licensed Professional Engineer (PE) or Registered Architect (RA) with specific qualifications in facade inspection. The QEWI performs the inspection and files the required report with DOB. Buildings that fail to file on time face immediate penalties.

The Inspection Process

The QEWI conducts a hands-on, close-up inspection of the building's exterior walls, including all facade materials, windows, balconies, fire escapes, cornices, parapets, and any other appurtenances attached to the exterior. The inspection typically requires scaffolding, swing staging, or rope access to reach all facade areas. The QEWI categorizes the facade condition as Safe, Safe With a Repair and Maintenance Program (SWARMP), or Unsafe. A Safe rating means no problems were found. SWARMP means conditions were found that require repair within a specified timeframe but do not pose an immediate hazard. An Unsafe condition means there is an immediate risk of falling debris, and the building owner must install protective measures such as sidewalk sheds and perform emergency repairs immediately.

Costs and Timeline

FISP inspection costs vary widely based on building size, height, facade complexity, and access requirements. For a typical six- to ten-story residential building, expect inspection fees of $5,000 to $20,000. Larger or more complex buildings can see costs of $50,000 or more just for the inspection. If repairs are needed, costs can range from tens of thousands to millions of dollars depending on the scope. The inspection and filing must be completed within the assigned two-year sub-cycle window. Building owners should begin the process at least six to twelve months before the deadline to allow time for hiring a QEWI, performing the inspection, and completing any required repairs. Late filings incur DOB penalties starting at $1,000 per month.

Penalties for Non-Compliance

Failure to comply with FISP carries escalating penalties. Late filing fees begin at $1,000 per month and increase over time. If a building is not filed at all, DOB may issue violations through the Environmental Control Board (OATH) with fines that can reach tens of thousands of dollars. Beyond fines, non-compliant building owners face significant legal liability. If facade debris falls and injures someone, the owner can be held personally liable for damages. DOB may also require the installation of sidewalk sheds at the owner's expense, which cost $10,000 to $50,000 or more to install and maintain. Maintaining compliance with FISP is both a legal requirement and a critical safety obligation.

Important Disclaimer

This guide is for informational purposes only. Always verify current requirements with NYC DOB.

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