Complying with local law 11 no easy task - Insiders Outlook - building inspection laws, compliance strategies - Brief Article

As the year 2001 comes to a close it is a strong reminder that the deadline for the filing of the 5th Cycle Local Law 11/98 Facade Inspection Reports is nearly here! Local Law 11/98 is an extremely important piece of legislation which requires the detailed inspection of building facades as well as the performance of needed repairwork within stipulated time frames.

Failure to comply with the highly detailed requirements of Local Law 11 can result in very severe fines, penalties and court appearances. All Local Law 11 reports must be filed with the Department of Buildings by Feb. 21, 2002. That leaves precious little time to get inspections performed, both visual and scaffold, and to get the reports written and properly filed.

Legally mandated repairwork will have to be performed within the time frames specified. By way of recap, the following are some of the key requirements and aspects of Local Law 11 which everyone should be aware of as the deadline approaches:

1. Local Law 11 requires the inspection of all buildings in New City which are greater than six stories in height. This includes buildings which are six stories plus a basement and buildings which are six stories plus a cellar where the cellar is more than 50% above the grade along at least one elevation.

2. The inspections are to be performed by a licensed professional engineer or a registered architect.

3. Facades are typically inspected visually but at least one scaffold drop inspection must be performed over a street elevation at each building.

4. Buildings must be classified as safe, safe with a repair and maintenance program, or unsafe

5. The building owner and the borough commissioner at the Department of Buildings in the borough where the building is located must immediately be notified, in writing, of the presence of any unsafe conditions observed during the course of the inspection.

6. When unsafe conditions are detected at a building and the building is thereby deemed unsafe, immediate action must be taken by the building owner. This typically will include the erection of sidewalk bridging and the taking of other appropriate temporary safety measures. The unsafe conditions must either be repaired immediately or a time extension must be obtained to perform the necessary repairwork. The time extension is the usual approach taken as it is typically necessary to have plans and specifications prepared by a consultant for the needed repairwork before bids can be obtained from contractors. This latter process is sometimes very time consuming, particularly when complex or comprehensive repairs are needed.

7. Where a building is noted to be in need of repair and maintenance but is not considered to be unsafe at the time of the inspection, the recommended repair and maintenance must be completed prior to the next inspection cycle of Local Law 11 (typically 5 years). It is generally recommended, however, that owners arrange to have the recommended repair and maintenance work performed at the earliest practical time.

8. Certain repairwork required for compliance with Local Law 11 (such as parapet wall replacement, terra cotta restoration, etc.) can only be performed upon the issuance of a work permit to the contractor after the plans for the work are prepared by a licensed professional engineer and filed with the Department of Buildings.

Where buildings designated as landmarks are involved, a work permit must be obtained from the Landmarks Preservation Commission. These permit processes can also take a considerable amount of time in some instances.

As one can see, the requirements associated with achieving compliance with Local Law 11 are highly detailed and complex. Owners and property managers should check the references and qualifications of engineers available to assist them in achieving the goals of Local Law 11, which include not only complying with the city's technical requirements but also maintaining and upgrading the condition of their properties.

COPYRIGHT 2001 Hagedorn Publication
COPYRIGHT 2001 Gale Group