Update on New York's Facade inspection law

As a charter member of the New York City Department of Buildings (DOB) Committee on Local Law 11/ 98, I recently attended a series of meetings with representatives of the DOB and other industry Professionals.

The primary purpose of the meetings was to review and implement appropriate guidelines for the preparation and filing of Local Law 11/98 Facade Inspection Reports in order to comply with the upcoming 6th Cycle of this law. The following summarizes the key issues reviewed:

1. 6th Cycle Inspection Report Filing Period

The DOB has established the period of February 21, 2005 thru February 21, 2007 as the filing period for all 6th Cycle Local Law 11 Inspection Reports. This is consistent with the requirement that a report of such inspection be filed with the DOB every 5 years.

Under the circumstances where a report for a building was filed late during the last cycle of Local Law 11/98 (alter February 21, 2002) the 6th Cycle Report must still be filed prior to February 21, 2007. No extension of time will be given relative to the 6th Cycle filing requirements where the 5th Cycle report was filed late.

2. Buildings Covered by Local Law 11/98

All buildings in the City of New York which are greater than 6 stories in height must have a 6th Cycle Local Law 11 Report filed. This includes commercial, residential, institutional, industrial, educational, etc. buildings irrespective of the nature of their construction (masonry, glass, etc.).

At present, buildings, which are 6 stories or less in height remain exempt from the requirements of Local Law 11/98. The DOB has, however, indicated that approximately 2000 additional buildings now fall under the scope of Local Law 11/98. Many Property Owners have received notices regarding such buildings from the DOB. Many of these buildings may have previously been exempt due to indications in the Certificate of Occupancy that they were only 6 stories whereas in actuality they have 1 or more facades, which are greater than 6 stories. Such buildings will require the filing of 6th Cycle Local Law 11 inspection reports.

3. Buildings Previously Classified as Safe with a Repair and Maintenance Program

All buildings whose most recent Local Law 11 Inspection Report noted conditions at the building in need of a repair and maintenance program (referred to as "SWARMP" conditions) must have all such conditions repaired prior to the filing of the 6th Cycle Inspection Report. Any conditions not repaired will automatically have to be classified as unsafe conditions in the 6th Cycle Report. This will trigger the issuance of violations on the property.

4. Work Permits for Performing Local Law 11 Repairwork

DOB regulations require that before a Contractor can proceed with certain types of Local Law 11 Repairwork, that Contractor must first obtain a Work Permit from the DOB. This typically involves performing significant repairs such as: Stone or Terra Cotta Repairwork; Steel Reinforcement of Replacement; Concrete Repairs; Cornice Replacement; The replacement of greater than 10 square feet of brick within an area of 100; square feet and associated lentil replacement.

In order for a Contractor to obtain a work permit the Property Owner must first engage a Licensed Professional Engineer or a Registered Architect to prepare Plans and Specifications for the work, to file the Plans and related Applications with the DOB, and to follow--up with the DOB to secure approval of the Plans and Applications.

In addition, as part of the overall process the Engineer or Architect must visit the site during construction to observe the work in progress and must file all required sign-offs with the DOB upon completion of the work. In addition to the above noted work permits, particular jobs may also require Landmarks Preservation Commission Permits and Special Scaffold Permits.

Permits for Sidewalk Bridges are also required whenever a bridge is to be erected. If a Contractor performs work without first obtaining the necessary permits both the Contractor and the Property Owner face violations, fines, work stoppages, etc.

5. Air Conditioning Units/Window Guards

Currently, Local Law 11/98 does require comment of the current condition of presently existing air conditioning units and window guards. Recognizing the fact that such installations are often temporary in nature, may be tenant controlled and may be extremely difficult for even the most competent Professional to inspect and assess due to sight and observational limitations, it is expected that DOB officials will be further reviewing these issues in the near future. Additional guidelines may be issued.

6. Safety vs. Cost

The DOB has acknowledged that while the costs associated with achieving compliance with Local Law 11/98 can be substantial at times, the value of the law with respect to the safety of the City, its residents, its visitors and its occupants is most important. With each passing cycle of Local Law 11/98, more buildings are repaired and upgraded such that they present less risk to the public. In addition, recent history has shown that buildings comprehensively repaired during a particular cycle of Local Law 11 are unlikely to need significant, costly repairs during succeeding cycles.

With the filing period approaching, it is recommended that Property Owners and Managers begin the process of selecting Local Law 11 Consultants and authorizing the inspections at the earliest possible time. Proceeding in this manner should allow for maximum time to complete inspections, perform all needed repairs and file all required repairs in a timely fashion. Waiting until later in the inspection cycle when deadlines are approaching to have the inspections performed tends to be problematic and more costly for Property Owners as qualified Contractors may be "booked up" with work and not readily available.

This tends to inflate pricing and cause a proliferation in the use of subcontractors, which could compromise the quality and timelines of the work performed.

ALAN S. EPSTEIN,

PRESIDENT & CEO, EPSTEIN ENGINEERING, P.C.

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