As per the NYC DOB Façade Inspection Safety Program (FISP), formerly Local Law 11 of 1998, a periodic façade inspection on all buildings within the five boroughs of New York City greater than six stories in height (or any individual wall(s) greater than six stories in height on otherwise exempt buildings) must be performed. A report detailing findings from this inspection must be submitted to the Department of Buildings categorizing the building as SAFE, SWARMP (safe with a repair and maintenance program), or UNSAFE. The report must also include a description of required repair work, along with a timeline for performing these repairs. Our offices QEWI (qualified exterior wall inspector) and our experienced staff can provide this service along with a subsequent plan for Façade Repair and Restoration. 

FISP 2020 AMENDED RULES: In January 2020, the New York City Department of Buildings issued its rule change for the 9th Cycle of the Façade Inspection Safety Program. Major changes include: 

■ Hands-on inspections are required at a minimum of every 60 feet along facades facing streets and public access ways. 

■ Investigative probes are required along every 60-foot interval of cavity wall façade every other cycle (i.e. Cycle 9, Cycle 11), to check for the presence and condition of wall ties. 

■ Owners must post and maintain a facades conditions certificate in the lobby to alert building occupants of the status of the exterior wall(s).  

FISP General Notes, Terms & Definitions

1. Periodic inspection requirements. In order to maintain a  building's exterior walls and appurtenances in a safe condition, and in accordance with Article 302 of Title 28 of the Administrative Code, a critical examination of all parts of all exterior walls and any appurtenances of all existing buildings greater than six stories in height or buildings hereafter erected that are greater than six stories in height, except for those parts of any exterior wall that are less than twelve inches (305 millimeters) from the exterior wall of an adjacent building, must be conducted at periodic intervals.

2. Report filing cycle. The  five-year time interval established by the Commissioner for the filing of  each successive report for each successive critical examination of every building subject to the requirements of Article 302 of Title 28 of the Administrative Code. 

3. Staggered inspection cycle. The separate time intervals for filing reports of critical examinations as determined by the last digit of the building’s block number:

Cycle SEVEN runs from February 21, 2010 to February 20, 2015, and the following are the filing windows:

• Cycle 7A: For buildings located within a block ending with the number four (4), five (5), six (6), or nine (9), an acceptable report shall be filed within the filing window starting February 21, 2010 and ending February 21, 2012.
• Cycle 7B: For buildings located within a block ending with the  number zero (0), seven (7), or eight (8), an acceptable report shall be filed within the filing window starting February 21, 2011 and ending  August 21, 2012.
• Cycle 7C: For buildings located within a block ending with the  number one (1), two (2), or three (3), an acceptable report shall be filed within the filing window starting  February 21, 2012 and ending February 21, 2013

Cycle EIGHT runs from February 21, 2015 to February 20, 2020, and the following are the filing windows:

• Cycle 8A: For buildings located within a block ending with the number four (4), five (5), six (6), or nine (9), an acceptable report shall be filed within the filing window starting February 21, 2015 and ending February 21, 2017.
• Cycle 8B: For buildings located within a block ending with the number zero (0), seven (7), or eight (8), an acceptable report shall be filed within the filing window starting February 21, 2016 and ending February 21, 2018.
• Cycle 8C: For buildings located within a block ending with the number one (1), two (2), or three (3), an acceptable report shall be filed within the filing window starting February 21, 2017 and ending February  21, 2019.

Cycle NINE runs from February 21, 2020 to February 20, 2025, and the following are the filing windows:

• Cycle 9A: For buildings located within a block ending with the number four (4), five (5), six (6), or nine (9), an acceptable report shall be filed within the filing window starting February 21, 2020 and ending February 21, 2022.
• Cycle 9B: For buildings located within a block ending with the number zero (0), seven (7), or eight (8), an acceptable report shall be filed within the filing window starting February 21, 2021 and ending February 21, 2023.
• Cycle 9C: For buildings located within a block ending with the number one (1), two (2), or three (3), an acceptable report shall be filed within the filing window starting February 21, 2022 and ending February 21, 2024.

Cycle TEN runs from February 21, 2025 to February 20, 2030, and the following are the filing windows:

• Cycle 10A: For buildings located within a block ending with the number four (4), five (5), six (6), or nine (9), an acceptable report  shall be filed within the filing window starting February 21, 2025 and ending February 21, 2027.
• Cycle 10B: For buildings located within a block ending with the number zero (0), seven (7), or eight (8), an acceptable report shall be filed within the filing window starting February 21, 2026 and ending February 21, 2028.
• Cycle 10C: For buildings located within a block ending with the number one (1), two (2), or three (3), an acceptable report shall be filed within the filing window starting February 21, 2027 and ending February  21, 2029.

4. Physical examinations from scaffolding or other observation platform (“close-up inspections”) must be performed at intervals of not more than 60’-0”, with the minimum number of physical examinations per total length of façade elevation noted in the table below. All physical examinations shall occur along a path from grade to top of an exterior wall fronting each public right-of-way, using at least one scaffold drop or other observation platform configuration, including all exterior wall setbacks. The Qualified Exterior Wall Inspector (QEWI) shall determine the most deleterious locations and perform physical examinations at those  locations. The use of drones, high resolution photography, non-destructive testing, or other similar methods does not eliminate the requirements for close-up inspections.

Length of Façade Elevation Fronting Minimum # of Physical 

Public Right of Way (L)                                 Examinations

L <60’-0”                                                                1

60’-0”≤ L <120’-0”                                                 2

120’-0”≤ L <180’-0”                                               3

180’-0”≤ L <240’-0”                                               4

240’-0”≤ L <300’-0”                                              5

300’-0”≤ L <360’-0”                                              6

For every additional 60’-0” of length of façade, one additional close-up inspection is required.

5. Cavity wall construction. An exterior wall system consisting of an exterior  veneer with a backup wall whereby the exterior veneer relies on a grid of  metal ties to the backup wall for lateral stability. The two layers of  wall are separated by an air cavity which may or may not be filled with insulation.

6. Appurtenance. An exterior wall element including, but not limited to, fire escapes, exterior fixtures, ladders to rooftops, flagpoles, signs, parapets, railings, copings, guard rails, window frames (including hardware and lites), balcony and terrace enclosures, including greenhouses or solariums, window guards, window air conditioners, flower boxes, satellite dishes, antennae, cell phone towers, and any equipment attached to or protruding from the façade.

7. Posting of Conditions Certificate. A conditions certificate issued by the Commissioner must be posted in a frame with a transparent cover in the lobby or vestibule of the subject building within thirty (30) days of issuance. The certificate must indicate the most recent condition of the building’s exterior walls and appurtenances.

8. Safe condition. A condition of a building wall, any appurtenances thereto or any part thereof not requiring repair or maintenance to sustain the structural integrity of the exterior of the building and that will not become unsafe during the next five years. 

9. Safe with a repair and maintenance program (SWARMP). A condition of a building wall, any appurtenances thereto or any part thereof that is safe at the time of inspection, but requires repairs or maintenance during the next five years, but not less than one year, in order to prevent its deterioration into an unsafe condition during that five-year period. 

10. Conditions that are SWARMP:  

• The owner of the building is responsible for ensuring that the conditions described in the critical  examination report as SWARMP are corrected and all actions recommended by the QEWI are completed within the time frame recommended by the QEWI, and are not left to deteriorate into unsafe conditions. It is the owner’s responsibility to notify the Department of any deviation from the timeframe to make corrections as specified in QEWI’s report. The subsequent report must include supporting documents from the QEWI justifying the request for a new time frame.
• A report may not be filed describing the same condition as SWARMP for the same building for two consecutive report filing cycles.
• The QEWI must certify the  correction of each condition reported as requiring repair in the previous  report filing cycle, or report conditions that were reported as SWARMP in the previous report filing cycle as unsafe if not corrected at the time of  the current inspection, or report corrections that were made in the  previous cycle as unsafe if they need further or repeated repair at the time of the current cycle. 

11. If a building is categorized as SWARMP: In the FISP report, the QEWI will provide a recommended time frame for such repairs or maintenance to be performed which will indicate the date by which the work must be performed to prevent the conditions from becoming unsafe and not the date on which work is planned or scheduled.

12. Unsafe condition.   A condition of a building wall, any appurtenances thereto, or any part thereof that is hazardous to persons or property and requires repair  within one (1) year of completion of critical examinations. In addition,  any condition that was reported as SWARMP in a previous report and that is  not corrected at the time of the current inspection must be reported as an  unsafe condition. 

13. Conditions that are UNSAFE:  

• Upon filing a report of an unsafe condition with the Department, the  owner of the building, his or her agent, or the person in charge of the  building must immediately commence such repairs or reinforcements and any  other appropriate measures such as erecting sidewalk sheds, fences, and  safety netting as may be required to secure the safety of the public and to make the building's walls and appurtenances conform to the provisions of the Administrative Code.
• All unsafe conditions must be corrected within ninety (90) days from the filing  of the critical examination report. 
• If, due to  the scope of the repairs, the unsafe conditions cannot be corrected  within the required 90 days, the QEWI must recommend a timeframe for repairs. The owner of the building is responsible for ensuring that the conditions described in the critical examination report as unsafe are corrected and all actions recommended by the QEWI are completed within  this timeframe. The owner must notify the Department of any deviation from the timeframe to make corrections as specified in QEWI’s report. The subsequent report must include supporting documents from the QEWI  justifying the request for a new time frame.
• Within two  weeks after repairs to correct the unsafe condition have been completed, the QEWI must inspect the premises. The QEWI must promptly file with the Department a detailed amended report stating the revised report  status of the building, along with a filing fee as specified in the rules of the Department and the Owner must obtain permit sign offs as appropriate. 
• The  Commissioner may grant an extension of up to ninety (90) days to complete the repairs required to remove an unsafe condition upon receipt  and review of an initial extension application submitted by the QEWI.
• A further extension will be considered only upon receipt and review of a further extension application.

14. If a building is categorized as UNSAFE: In the FISP report, the QEWI will provide a recommended time frame for repairs to be performed to bring the building to SWARMP or SAFE status, and will indicate the date by which the work  must be completed.  

15. Amended report. A technical examination report filed by a QEWI who certifies that the unsafe conditions reported in the initial  report have been repaired and that no unsafe conditions exist at the building. 

16. Subsequent report. A technical examination report that is filed by a QEWI after an acceptable report in order to change the status of the building for that report filing cycle to reflect changed conditions or the recommended time frame  for repairs of SWARMP or unsafe conditions.

17. Civil Penalties:

• Late  filing. An owner who submits a late  filing shall be liable for a civil penalty of one thousand dollars ($1,000) per month, commencing on the day following the filing deadline of the assigned filing window period and ending on the filing date of an acceptable initial report.
• Failure to file. In addition to the penalty for  late filing, an owner who fails to file the required acceptable inspection report shall be liable for a civil penalty of five thousand dollars  ($5,000) per year immediately after the end of the applicable filing window.
• In addition to the penalties provided in this section, an owner who fails to correct an unsafe  condition shall be liable for a civil penalty as detailed in the table below, until the unsafe condition is corrected. Unless the Commissioner grants an extension of time to complete repairs pursuant to this section, the penalties will be incurred as detailed in the table below. This  penalty shall be imposed until receipt of an acceptable amended report by the Department indicating the unsafe conditions were corrected, the sidewalk shed has been removed and the associated permits are signed off with the Department, including shed permits, or an extension of time is granted by the Commissioner.

                             Base Penalty                 Plus

     Year   1               $1,000/month               NA

     Year   2              $1,000/month              $10/linear foot (l.f.) of shed/month

     Year   3              $1,000/month              $20/l.f. shed/month

     Year   4              $1,000/month              $30/l.f. shed/month

     Year   5              $1,000/month              $40/l.f. shed/month

• Failure to correct SWARMP conditions. An  owner who fails to correct a SWARMP condition reported as requiring repair  in the previous report filing cycle and subsequently files the condition as unsafe shall be liable for a civil penalty of two thousand dollars  ($2,000).

18. The report will be prepared for the specific purpose of  providing a critical examination and description of the subject building  in accordance with the following: 

• Article 302 of Title 28 of the Administrative Code,
• Section 101-07 of Title 1 of the Rules of the City of New York (1 RCNY § 101-07),
• Section 103-04 of Title 1 of the Rules of the City of New York (1 RCNY § 103-04).

It will describe the conditions as of the dates of inspection. The report is not intended to imply any warranty and/or guarantee, but rather, is intended as a report of the condition of the exterior façades at the time inspections were made.

19. The report is not intended as a specification for work to be done, nor is it a certification of conditions other than those noted in the report. No examination will be made of mechanical systems, plumbing systems, electrical systems, or other portions of the exterior or interior, and no certification of these systems is intended or implied.

20. The building described in the report may not originally  designed to be 

resistant to seismic forces. The report is not intended to evaluate or make recommendations concerning the building’s structure or exterior features with respect to seismic forces.

21. The report seeks to identify, through a limited visual  inspection, patterns of defects and deficiencies in the exterior walls and appurtenances that have the potential to become hazardous.  Such defects and deficiencies are noted in the report as encountered during the examination. The report does not intend to be inclusive of all such  defects and deficiencies as may be encountered throughout the building, but seeks to identify patterns of deterioration for each type of exterior wall component encountered in the building.  It is the responsibility of the Owner to monitor and correct all potentially hazardous conditions at the locations noted in the report, to identify all other locations throughout the building which exhibit the same or similar construction and characteristics, and to monitor and correct potentially hazardous conditions at those locations as well.

22. Unless otherwise noted, no attempt will be made to open up, loosen, penetrate the façades, or create exploratory openings. Unless otherwise noted, no destructive testing of the exterior walls, appurtenances, windows, fire escapes, window sills, or window air-conditioner supports will be performed as part of the information that will be gathered for the report.

23. Monitoring for continued deterioration or worsening of the defective components of the exterior walls and appurtenances is the responsibility of the Owner as part of the repair and maintenance program. Monitoring shall not be limited to isolated discrete locations, or where conditions may be construed as most severe, but instead, shall encompass all locations featuring the affected components.

24. Additional return examinations by this architect is not required. In order to accomplish any required remediation, it is recommended that an architect or engineer be retained by the building to produce construction documents, file with regulatory agencies, perform construction administration, and assure quality control. This architect can submit a proposal for such services, if the Owner so wish. 

25. Fees payable to the Department of Buildings:

• Initial Filing = $425
• Amended/Subsequent Filing =      $425
• Application for Extension of Time to Complete Repairs = $305