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FACADE INSPECTION SAFETY PROGRAM

LOCAL LAW 11

LOCAL LAW 10 WAS PASSED AND SIGNED IN 1980 BY MAYOR ED KOCH AFTER A BARNARD COLLEGE STUDENT WAS TRAGICALLY KILLED BY A PIECE OF TERRACOTTA THAT FELL FROM A BUILDING. AS MORE TRAGIC ACCIDENTS CONTINUED, THE NEED TO TAKE ACTION AND REINFORCE THE LAW CAME INTO PLAY RESULTING IN THE PASSING OF LOCAL LAW 11 IN 1998.

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TO KEEP BUILDINGS SAFE, OWNERS OF PROPERTIES SIX (6) STORIES OR HIGHER  MUST HAVE EXTERIOR WALLS AND APPURTENANCES INSPECTED EVERY FIVE (5) YEARS AND FILE A TECHNICAL REPORT WITH THE DEPARTMENT OF BUILDINGS.

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KAZI ASSOCIATES WORKS CLOSELY WITH CLIENTS, CONTRACTORS, THE DEPARTMENT OF BUILDINGS AND, ON SPECIAL OCCASIONS THE LANDMARK PRESERVATION COMMISSION TO MAKE SURE BUILDINGS ARE SAFE. WE THOROUGHLY INVESTIGATE THE FACACES AND, CREATE A MAPPING ASSESSING THE CONDITIONS WE FIND. WE CREATE THE LOCAL LAW REPORTS  BASED ON THESE CONDITIONS, THE DOB REQUIREMENTS AND PROVIDE PHOTO DOCUMENTATION. WE PRIDE OURSELVES ON GETTING THE FISP (FACADE INSPECTION SAFETY PROGRAM) REPORTS ACCEPTED AND THE BUILDING FILED  OR AMENDED SAFE. 

DOB NOW NEW  OWNER / OWNER REPRESENTATIVE E-FILING REGISTRATION

  •  Fill out the Authentication Form (also called Electronic Filing Account Information) online.  To complete the form, you will need to provide your contact information and create a password.

  • Submit

  • Check email for confirmation of e-filing account. Click on the link in the email.

  • Check email for Instructions on how to log into the e-filing account. 

INSPECTION AND REPORT DEADLINE

Façade report and maintenance/repair deadlines are divided into cycles. The last digit of a building’s block number determines if the property falls into sub-cycle A, B, or C

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FACADE CLASSIFICATIONS

 Façade inspections also called critical examinations must be performed by a Qualified Exterior Wall Inspector (QEWI). QEWIs are Professional Engineers (PE) and Registered Architects (RA) with a New York State license. After an inspection is completed, the QEWI must file an electronic technical report through DOB NOW: Safety.  Based on the façade's condition, the building can be classified with one of three ways: Safe, SWARMP, or Unsafe

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FACADE REPORT GUIDELINES

  • All Reports must be submitted electronically in DOB NOW: Safety.

  • Reports must follow both the sequence and labeling outlined in RCNY 103-04.

  • Buildings with ongoing construction work cannot be designated as SAFE.

  • If the façade was classified as SWARMP in the previous cycle, you must complete all necessary repairs by the next cycle. If repairs are not made, the condition of the façade must be classified as Unsafe. Repairs must be made, even if the defects:

  1. Seem relatively minor

  2. Appear to not need a maintenance program

  3. Have not worsened

  4. Exposed issues that require legalization

  • If SWARMP status is indicated, provide the following statement: ‘There are no unsafe conditions.’

  • If SWARMP status is indicated, a timeframe must be established to complete repair work and a completion date (MM/DD/YY) must be identified.  The timeframe for repairs cannot be less than 12 months from the date of filing of the report at DOB.

  • Upload dated color photographs and location/plot diagrams with all report submissions.

  • Include detail on how any necessary repair work was completed.

  • In the History and Repairs, provide work and shed permit numbers (if applicable).

  • Using terms such as immediately or ASAP indicate unsafe conditions that must be addressed within a year; and thus, the façade cannot be classified as SWARMP.

  • Do not use obsolete Local Law 10/80 terminology such as precautionary or ongoing maintenance.

  • Avoid terms such as should, could or would.  Instead, be specific and clear in the report.

  • The condition of window air conditioner units may be classified as SWARMP.

FILING FEES

UNSAFE conditions must be corrected within 90 days of filing a report with a UNSAFE status.
An AMENDED report must be filed within 2 weeks of completing repairs

INITIAL REPORT

$425

AMENDED / SUBSEQUENT REPORT

$425

EXTENSION REQUEST

$305

PENALTIES

PENALTY APPLIES AFTER FILING PERIOD END

LATE FILING

$1000 PER MONTH

FAILURE TO FILE

$5000 PER YEAR

FAILURE TO CORRECT UNSAFE CONDITIONS

CHECK RCNY -103-04 ( LINK BELOW )

FAILURE TO CORRECT SWARMP CONDITIONS

$2000

RESOLVING  DOB  VIOLATIONS 

  • To remedy a Failure to File a Façade Technical Report (NRF) violation

  1. A Professional Engineer (PE) or Registered Architect (RA) needs to submit the outstanding acceptable initial Technical Report Periodic Inspection of Exterior Walls and Appurtenances in DOB NOW: Safety.

  2. Pay the late filing penalties owed - $250 for every month that an acceptable report is not filed and $1,000 for each year after the end of the sub-cycle filing window period that an acceptable report is not filed.

  • To remedy a Failure to File an Amended Façade Technical Report Violation

  1. The unsafe façade condition resulting in an unsafe technical report status has to be corrected and a Professional Engineer or Registered Architect needs to submit an acceptable FISP amended technical report in DOB NOW: Safety.

  2. Pay any outstanding penalties for failure to correct an unsafe condition - $1000 a month for every month there is no active extension of time request(s) submitted prior to the submission of the acceptable amended FISP Technical Report.

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CIVIL PENALTY PAYMENTS

Use the Façade Civil Penalties form to submit civil penalties owed for Cycle 5 or earlier. For Cycle 6 or later, pay civil penalties in DOB NOW: Safety. See the June 2021 Service Notice for more information.

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WAIVER OF PENALTIES

Use the Facades Waiver of Penalties form to request a waiver of façade civil penalties for Cycle 5 or earlier. For Cycle 6 or later, submit the waiver request in DOB NOW: Safety. See the June 2021 Service Notice for more information.

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FISP FREQUENTLY ASKED QUESTIONS

If you can not find the answers to the questions you may have here FAQ. Please feel free to contact us. We are always here to help. 

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