Monday April 28, 2025
New York City’s iconic skyline is recognized around the world. Maintaining these structures is paramount to ensure public safety and often a costly expense to landlords and board members of condominiums and cooperatives.The Facade Inspection Safety Program (FISP), formerly known as Local Law 11, mandates regular inspections of building exteriors to prevent hazardous conditions. As we enter FISP Cycle 10, it's crucial for landlords and condo/co-op boards to understand new requirements, avoid penalties, and keep the public safe.
Our in-house compliance team recently hosted an online session with the NYC Department of Buildings Assistant Commissioner and HLZAE, a full-service architecture and engineering firm. Click here to watch a replay of our session.
A brief history of Local Law 11 and FISP
New York City ratified Local Law 10 in 1980 after a student was killed by a terra cotta coping stone that fell from a building. The ordinance required buildings taller than six stories to have a professional engineer or licensed architect inspect all street-facing facades for unsafe conditions every five years. Serious deficiencies had to be corrected by the building owner.Since that time, New York City has increased all related fines, penalties, and inspection requirements for building facades. The most drastic modification to the ordinance arrived in 1998 as Local Law 11 which required more comprehensive facade investigations, detailed reporting, an increased focus of the integrity of cavity walls, and more substantial penalties for buildings that do not comply. Local Law 11 also required the installation of scaffolds during physical inspections and established stricter qualifications regarding who can qualify as an inspector.
What are the facade inspection requirements for FISP Cycle 10?
Cycle 10 commenced on February 21, 2025, initiating a new five-year period for facade inspections. Owners of buildings exceeding six stories must have their exterior walls and appurtenances inspected by a Qualified Exterior Wall Inspector (QEWI) and submit a detailed report to the New York City Department of Buildings (DOB). The filing windows are determined by the last digit of the building's block number, dividing the cycle into three sub-cycles:- Sub-cycle A (Block numbers ending in 4, 5, 6, or 9):
February 21, 2025 – February 21, 2027
- Sub-cycle B (Block numbers ending in 0, 7, or 8):
February 21, 2026 – February 21, 2028
- Sub-cycle C (Block numbers ending in 1, 2, or 3):
February 21, 2027 – February 21, 2029
When should buildings begin the inspection process?
There are more than 16,000 buildings affected by FISP, and a fraction of qualified inspectors. Early action can prevent the need for rushed repairs, price gouging, and emergency interventions. There are also circumstances where a board or landlord will need to request access to a neighboring building to complete an inspection. This can add significant time to the inspection process.Begin the inspection process as soon as possible.
"In some instances, we weren't able to gain access to certain terraces that are over the public right of way, and those are mandatory to be inspected. If the inspector observes something at another area, it's their discretion to check that area."
—Carolyn Caste, Director, Facade Compliance | HLZAE
What are “safe,” “unsafe,” and “safe with a repair and maintenance program (swarmp)” conditions?
After conducting the inspection, the QEWI will classify the building's facade under one of the following categories:Safe Condition
Safe condition means that no remedial work is required. For a building’s facade to be designated Safe, existing conditions of the building walls and associated appurtenances of the property do not require repair or maintenance to sustain structural integrity. It must also be determined that the exterior of the building condition will not become Unsafe during the next five years.Safe with a Repair and Maintenance Program (SWARMP)
When an exterior wall requires repair or maintenance to achieve compliance, but does not exhibit immediately unsafe conditions, the structural condition is classified as Safe with a Repair and Maintenance Program, or SWARMP. Typical examples include cracked or spalled masonry, damaged coatings or deteriorated mortar joints that could degrade into unsafe conditions.The QEWI must list a specific date by when each SWARMP condition will be corrected. Failure to correct SWARMP conditions within the projected timeframe or by the end of the current cycle will result in a $2,000 fine. If SWARMP repairs are not completed on time and within the current cycle, the DOB will also issue a Class 1 violation, and a sidewalk shed or scaffolding will need to be installed immediately.
Unsafe Condition
Unsafe condition means that the building’s exterior wall and any appurtenances are determined to be dangerous to the public and require prompt remedial action. This includes loose bricks, leaning walls, cracked glass and loose items on fire escapes or windowsills (i.e. flowerpots, bricks used to support resident A/C units) among other conditions.If the condition of the facade is determined to be Unsafe, the building owner must immediately install a sidewalk shed or scaffolding as a public safety measure. The law also specifies that building owners must correct Unsafe conditions within 90 days from the date the DOB was notified. Once the work is finished, building owners must file an amended condition report within two weeks.
If an Unsafe condition is not corrected within the prescribed timeframe, the DOB will assess a fine of $1,000 per month plus an additional monthly penalty based on the amount of scaffolding required until the condition has been corrected and an amended FISP report is filed.
What are the fines or penalties for non-compliance?
The DOB imposes strict penalties for non-compliance with FISP regulations:- Late Filing of Initial Report: $1,000 per month until the report is submitted
- Failure to File Initial Report: $5,000 per year
- Failure to Correct Unsafe Conditions: Begins at $1,000 per month and increases depending on the size of the sidewalk shed and time passed
- Failure to Correct SWARMP Conditions: $2,000
Can a building file for an extension?
In some circumstances, the DOB will issue 90-day extensions to complete the facade repairs after considering the amount of administrative work and coordination required to complete remediation. Additional extensions may be granted depending on the scope of work. There is no fine associated with requesting an extension as long as adequate safety measures are established to protect the public."You need somebody to quarterback this for you, an architect or an engineer who knows how to quality control and quantify the repair. They're going to set the bar for a contractor to follow and also serve as your eyes and ears making sure the contractor is completing work that is quality and within the scope of what the QEWI specified."
—Howard Zimmerman, FAIA | Founder, HLZAE
What Is a Qualified Exterior Wall Inspector (QEWI)?
A QEWI is a New York State licensed Professional Engineer (PE) or Registered Architect (RA) who meets specific experience and qualification criteria set by the DOB. Only a QEWI is authorized to perform the critical examinations required under FISP and to submit the corresponding reports. Prospective QEWIs must be in good standing with the New York State Education Department and the DOB."Qualified inspectors can only perform close-ups if they have three to five years of relevant experience – three years if they have a degree in architecture or engineering, and five years if they don't."
What certificates are required to be posted in a building?
Buildings that have undergone a FISP inspection and have filed the required report must display a Certificate of Compliance issued by the DOB. This certificate should be posted in a conspicuous location, typically near the main entrance, to inform occupants and visitors of the building's compliance status. Boards and landlords can access their certificate using DOB Now."I’ve worked with clients who push back on this requirement, because they don’t like the paper posted in their lobby. This sentiment changes after they receive the violation and the fine. This is a real requirement, not a suggestion. The violation can be easily avoided."
—Stephanie Cardello | Vice President of Compliance, FirstService Residential