ABOUT FISP
New York City’s Façade Inspection & Safety Program (also known as Local Law 11/98) requires that owners of buildings greater than 6 stories must have their buildings’ exterior walls and appurtenances inspected once every 5 years and file a technical report to the Department of Buildings. New York City’s façade safety program was first instated in 1979 to protect the public shortly after a Barnard student named Grace Gold was struck and killed by debris that fell from a building. The program was further expanded in 1998 following several incidents of façade failures in NYC and continues to evolve in order to ensure public safety. The most recent amendments to the program were enacted at the beginning of the current cycle (Cycle 9) in February 2020.
The Program operates in 5 year cycles, each with several subcycles that separate buildings into smaller windows for filing and repairs to be completed within. We are currently in Cycle 9 which began February 21, 2020 and will end February 21, 2024.
SUB-CYCLES
The last digit of the building’s block number determines the sub-cycles in which the report must be filed.
CYCLE 9 SUB-CYCLES
Cycle 9 is staggered into 3 sub-cycles…
Cycle 9A
Cycle 9B
Cycle 9C
Sub-cycle Last Digit of Block Number Filing Period
A 4, 5, 6, or 9 2/21/2020 – 2/21/2022
B 0, 7, or 8 2/21/2021 – 2/21/2023
C 1, 2, or 3 2/21/2022 – 2/21/2024
INSPECTIONS
The inspection (critical examination) must be performed by a Qualified Exterior Wall Inspector (QEWI) – a New York State licensed architect or engineer.
The status of the façade can be classified in three ways…
Safe — The façade has no problems and is in good condition
SWARMP – The façade is Safe With a Repair and Maintenance Program
Unsafe — The façade has problems/defects that pose a threat to public safety
UNSAFE CONDITIONS
If unsafe conditions are found, owners must file the report as ‘Unsafe’ and immediately install public safety measures, such as a sidewalk shed, construction fence, etc.
Unsafe conditions must be corrected within 30 days from the date of filing the report and an amended report filed with the Department within 15 days of completing the repairs. In total, repairs must be corrected and an amended report filed within 45 days of the initial filing.
If the conditions will take longer than 30 days to repair, the QEWI may submit an extension of time request and the DOB may grant an extension of up to 90 days, provided that the premises have been secured by the installation of a shed, fence, etc. Further extensions will only be considered with evidence of unforeseen circumstances or if the nature of the repairs require more than 90 days. There is a filing fee for each extension request, and extensions will need to be renewed until the Unsafe conditions are corrected.
If a building owner files a report as Unsafe and fails to correct the conditions and file an amended report within the allotted time (and does not obtain an extension), the building owner is subject to additional penalties for the duration the unsafe conditions are not corrected.