LOCAL LAW

New York City's local laws cover a wide range of topics, including housing, construction, sustainability, public safety, and more.

FACADE INSPECTION & SAFETY PROGRAM (FISP, LL11/98)

FISP was introduced in 1980 as Local Law 10, updated to Local Law 11 in 1998, and is now part of the NYC Building Code. Its primary aim is to prevent accidents caused by deteriorating façades by mandating regular inspections and maintenance of exterior walls and appurtenances for buildings taller than six (6) stories.

Frequency of Inspections

Inspection Cycle: Every five years.
Sub-Cycles: Each cycle is divided into three sub-cycles, and a building's sub-cycle depends on the last digit of its block number. For example:
- Sub-cycle A: Block numbers ending in 4, 5, 6.
- Sub-cycle B: Block numbers ending in 7, 8, 9.
- Sub-cycle C: Block numbers ending in 0, 1, 2, 3.
Inspection Deadline: Reports must be filed within the assigned sub-cycle timeframe to avoid penalties.

Qualifications of Inspectors

Inspections must be conducted by a Qualified Exterior Wall Inspector (QEWI), who must:
- Be a licensed Professional Engineer (PE) or Registered Architect (RA) in New York State.
- Have expertise in façade inspections and familiarity with NYC Department of Buildings (DOB) guidelines (minimum seven (7) years experience).

Inspection Procedure

Planning:
- The building owner must retain a QEWI and plan the inspection within the cycle timeline.
- Pre-inspection meetings may be held to review prior reports and maintenance records.
On-Site Inspection:
- Visual Inspection: All façades are reviewed from the ground and accessible vantage points.
- Close-Up Inspections: At the façades facing a public-right-of-way, a close examination (inspection "drop") must be performed every sixty (60) feet using scaffolding, suspended platforms, or other methods to physically examine the structure.
Assessment:
- The QEWI identifies the condition of the façade and classifies it into one of three categories:
  - Safe: No immediate or foreseeable issues.
  - Safe with a Repair and Maintenance Program (SWARMP): Defects that are not immediately hazardous but require repair within a specified timeframe.
  - Unsafe: Conditions posing an immediate threat to public safety.
Filing the Report:
- The QEWI files a detailed inspection report through the DOB NOW: Safety portal.
- The report includes photographs, descriptions of conditions, drawings and recommendations.
Post-Filing Actions:
- If the façade is classified as "Unsafe," the owner must:
  - Install protective measures (e.g., sidewalk sheds) immediately.
  - Begin repairs promptly to eliminate hazards.
- If classified as "SWARMP," repairs must be completed by the timeline specified by the QEWI in the report, typically within the current cycle.

Penalties for Non-Compliance

Failure to File:
- Fines: $1,000/month for reports not filed within the required cycle; $5,000/year immediately after the end of the applicable filing window.
Failure to Address Unsafe Conditions:
- Fine: Starts at $1,000/month until the unsafe conditions are resolved.
- Public Safety Measures: The DOB may issue violations or require immediate installation of protective measures at the owner’s expense.

Best Practices for Compliance

Engage Early: Retain VERSAI and begin inspections well ahead of deadlines to allow time for repairs if needed.
Budget for Repairs: Allocate funds for both inspections and potential repair costs.
Document Maintenance: Keep thorough records of repairs and maintenance to streamline future inspections and demonstrate compliance.
Monitor Deadlines: Ensure reports are filed within the assigned sub-cycle to avoid penalties.

Additional Notes

DOB Filing Fees:
- $425 for buildings 7–14 stories.
- $820 for buildings 15 stories or more.
Amendments: If conditions change (e.g., repairs completed), an amended report must be filed to reclassify the façade as safe.

PERIODIC INSPECTION OF PARKING STRUCTURES (PIPS, LL126/21)

The Periodic Inspection of Parking Structures (PIPS), mandated by Local Law 126 of 2021, is a New York City law that requires routine inspections of parking structures to ensure their structural safety. This law addresses potential hazards from structural deterioration and is part of NYC’s broader effort to enhance public safety in buildings and facilities.

Scope of Local Law 126/21

Applicability: Applies to all parking structures in New York City.
A parking structure is defined as a building or a part of a building used for parking or storing motor vehicles, which can include:
- Open parking garages.
- Enclosed parking garages.
- Multi-level parking structures.
Exemptions: Certain structures may be exempt, such as private garages serving single-family homes.

Key Requirements

1. Inspection Frequency

Inspections must be performed by a qualified professional at regular intervals based on the following cycles and locations:

2. Qualified Inspectors

Inspections must be conducted by a Qualified Parking Structure Inspector (QPSI), who must:
- Be a licensed Professional Engineer (PE) in New York State.
- Have relevant experience in structural evaluations of parking structures (minimum three (3) years experience)

3. Filing Reports

Following the inspection, the QPSI must file a Condition Assessment Report (CAR) with the NYC Department of Buildings (DOB) through the DOB NOW: Safety portal.
The CAR classifies the parking structure’s condition as:
- Safe: No issues requiring immediate attention.
- Safe with Repairs and/or Engineering Monitoring (SREM): Requires monitoring or maintenance by the next inspection cycle.
- Unsafe: Immediate hazards requiring urgent repairs or mitigations.

Inspection Procedure

Pre-Inspection Preparation:
- Review previous inspection reports and maintenance records.
- Plan for access to all structural components of the parking structure.
Visual and Detailed Examination:
- Inspect for signs of structural deterioration, such as cracks, spalling, water damage, corrosion of reinforcement, or settlement.
- Focus on critical components like slabs, beams, columns, connections, and drainage systems.
Load Assessment:
- Evaluate the ability of the structure to handle design loads, especially if alterations or changes in use have occurred.
Documentation:
- Capture detailed notes, photographs, and drawings to document findings.
Report Preparation:
- The QPSI prepares a Condition Assessment Report (CAR) and submits it electronically to the DOB.

Required Repairs and Mitigations

Unsafe Conditions:
- Immediate action must be taken to mitigate hazards, such as restricting access, erecting protective barriers, or performing emergency repairs.
- An amended CAR must be filed once unsafe conditions are addressed.
SREM Conditions:
- Repairs or maintenance must be completed before the next inspection cycle.
- Engineering monitoring may be required to track ongoing conditions.

Penalties for Non-Compliance

Failure to File: Property owners who do not file an inspection report by the deadline face fines of up to $1,000 per month and $5,000 per year.
Unsafe Conditions: Additional penalties for failure to address unsafe conditions, which may include:
- Fine of $1,000 per month for failure to correct an unsafe condition within 90 days
- Fine of $2,000 for failing to correct a SREM condition reported as requiring repair in the previous cycle.

Recordkeeping Requirements

Building owners must maintain inspection records and documentation.
Records should include:
- Previous CARs.
- Maintenance logs.
- Repair and monitoring documentation.

Best Practices for Compliance

Hire a Qualified Professional Early:
- Engage VERSAI well in advance of the deadline to plan and conduct inspections thoroughly.
Budget for Repairs and Monitoring:
- Allocate resources for potential repairs, especially for older or heavily used structures.
Stay Informed:
- Regularly review VERSAI updates and resources to stay compliant with deadlines and procedural changes.

RETAINING WALL INSPECTIONS (LL37/08)

The Retaining Wall Inspection Law (Local Law 37 of 2008) in New York City establishes a mandatory inspection and maintenance program for retaining walls to ensure their structural safety and prevent potential hazards such as collapses. Below is a comprehensive breakdown of the requirements:

What is a Retaining Wall?

A retaining wall is any wall that supports soil at a higher elevation on one side and prevents it from collapsing onto a lower area.
Common locations include hillsides, near roadways, or between property boundaries.

Scope of Local Law 37/08

Applies to all retaining walls ten feet or taller, or multiple contiguous retaining walls with a combined height of ten feet or more.
The wall must face a public right-of-way (e.g., streets, sidewalks, paths) to fall under the requirements.

Inspection Requirements

Frequency:
- Retaining walls must be inspected every five years.
- Each five-year cycle includes staggered deadlines based on the assigned inspection district.
Qualified Inspector:
- Inspections must be conducted by a licensed Professional Engineer (PE) (minimum three (3) years experience)
Conditions to Be Assessed:
- Stability: Any signs of leaning, bulging, or instability.
- Cracks: Horizontal, vertical, or diagonal cracks that indicate structural issues.
- Drainage: Proper functioning of drainage systems to prevent water buildup behind the wall.
- Surface Damage: Spalling, efflorescence, or other signs of material degradation.
- Environmental Factors: Tree roots, erosion, or other external forces that may affect the wall.
Detailed Documentation:
- The inspector must document findings with photographs, sketches, and written descriptions.

Filing the Retaining Wall Report

Report Submission:
- A Retaining Wall Inspection Report must be submitted to the NYC Department of Buildings (DOB) within 60 days of inspection.
Classifications:
- Safe
- Safe with Minor Repairs or Maintenance
- Safe with Repairs and/or Engineering Monitoring
- Unsafe
Owner’s Responsibilities:
- Building owners or property managers are responsible for retaining a qualified inspector, submitting reports, and addressing issues identified during the inspection.

Penalties for Non-Compliance

Failure to File a Report:
- Fines of $250/month and $1,000/year for not submitting an inspection report on time.
Failure to Address Unsafe Conditions:
- Fines of $1,000/month until the hazardous conditions are resolved.
Violations:
- The DOB may issue additional violations or initiate enforcement actions if retaining walls pose a risk to public safety.

Filing Fees

Filing fees are $355/initial, $130/amended, $260/extension.

Best Practices for Compliance

Proactive Inspections:
- Regularly monitor the retaining wall for visible signs of damage between the mandated inspection cycles.
Maintain Drainage Systems:
- Ensure that drainage features such as weep holes or French drains are functioning properly to prevent water pressure buildup behind the wall.
Monitor Environmental Factors:
- Address issues like erosion, tree root intrusion, or nearby construction that could affect the stability of the wall.

Key Benefits of Compliance

Prevents accidents, injuries, and legal liability from wall failures.
Helps avoid fines and DOB enforcement actions.
Maintains property value by ensuring structural safety.

Inspection Districts and Deadlines

PERIODIC OBSERVATION OF BUILDING PARAPETS (LL126/21)

Starting January 1, 2024, New York City building owners must comply with a new regulation mandating annual inspections of parapets fronting the public right-of-way. Below is essential information for property owners to meet this requirement.

Who is Affected?

This rule applies to all buildings in New York City with parapets visible from the public right-of-way, except:

Detached one or two-family homes.
Buildings with barriers preventing public access to the exterior wall.

An exterior wall is considered part of the public right-of-way if any member of the public, unaffiliated with the property, can freely approach and access it, even if the wall is on private property. Additionally, buildings with a continuous barrier located within a perpendicular distance equal to or less than half the height of the exterior wall must comply.

Who Can Perform the Inspection?

Inspections must be conducted by qualified professionals capable of identifying parapet hazards. Qualified individuals include:

Bricklayers
Building superintendents
Handymen
Masons
Architects
Engineers
Inspectors authorized by New York State insurance companies
New York State-authorized building inspectors
Other individuals with relevant expertise

Inspection Criteria

The inspections must include a close-up examination of the entire parapet using tools such as boom trucks, scaffolds, or rope access. Inspections conducted from a fire escape or roof are also acceptable. The criteria include:

Plumb Verification: Ensure the parapet is plumb within a horizontal distance of one-eighth its cross-sectional thickness.
Deterioration Assessment: Check for displacement, cracks (horizontal or diagonal), missing or loose bricks/coping stones, deteriorated mortar joints, spalling, or rot.
Stability Check: Inspect appurtenances such as:
- Telecommunications equipment
- Railings
- Roof access rails
- Gooseneck ladders
- Fire escape handrails
- Signs

Note: Cornices attached to the front wall or roof without a parapet behind them are exempt. However, cornices attached to parapet walls require inspection.

A Parapet Inspection Checklist is available to guide inspections, but building owners should exercise judgment and seek professional advice for unique conditions.

Dealing with Hazardous Conditions

If hazardous or unsafe conditions are identified, the following actions are required:

Immediate Notification: The inspector must notify the Department of Buildings by calling 311 and emailing parapets@buildings.nyc.gov.
Public Protection: The building owner must install safety measures such as sidewalk sheds, fences, or netting.
Resolution Timeline: Hazardous conditions must be remedied within 90 days of notification. Public protection measures must remain in place until the issue is resolved.

For buildings subject to FISP (Facade Inspection Safety Program), filing an Unsafe Notification (FISP3) in DOB NOW Safety is also required.

Reporting Requirements

Inspectors must prepare detailed inspection reports, which should include:

Building Information: Address(es), owner’s contact details, and affiliation details.
Inspector Details: Name, contact information, and affiliation.
Inspection Dates.
Parapet Information:
- Location plan
- Construction details (materials, height, thickness)
- General conditions, unsafe conditions, and required actions
- Documentation of repairs since the previous report
- Dated photos of the parapet’s condition

The report must classify the parapet as Safe, Unsafe, or Requires Maintenance.

For buildings subject to FISP, the FISP report may satisfy the parapet inspection requirement if it includes all necessary details. Owners must maintain copies of these reports for at least six years.

Inspection Deadlines

Inspections must be completed, and observation reports kept on file by December 31 of each year.

Maintaining Records

Reports must be retained for a minimum of six years.
Reports must be made available to the Department of Buildings upon request.

Conclusion

This regulation is a critical step toward enhancing public safety and ensuring the structural integrity of buildings. Building owners are encouraged to take this requirement seriously and engage qualified professionals to meet their obligations.