Changes to Local Law 11/98: What building managers and owners need to know to comply

In NYC, exterior inspections of building facades and appurtenances are required to be performed every five (5) years. All buildings with six or more stories are required to comply. Historically, all applicable buildings within the five boroughs were required to have these inspections performed and subsequent reports filed during a single two year time period (referred to as a cycle). However, changes enacted in December of 2009 established three designated time periods (sub-cycles) in which to conduct and file these reports. Buildings are grouped into one of these sub-cycles based upon the last digit of their respective tax block number. The above requirements are in effect for the Cycle 7 period, commencing in February 2010. Falcon Engineering recommends that building owners and managers determine which sub-cycle their building(s) fall within and begin to plan the inspection work. Building owners and managers should plan on completing this work early on in their respective filing period to allow maximum time for funding and completion of all necessary repairs prior to the Cycle 8 period beginning in 2015. Changes to Local Law 11/98 requirements after the Cycle 5 period mandate that building owners repair all items reported as either unsafe or safe but requiring maintenance (SWARMP) prior to filing a report for the subsequent cycle. Failure to complete repairs documented in the previous Local Law 11/98 report will result in said items being classified as unsafe and thereby compelling building owners and managers to act within thirty days or face penalties levied by the NYC Department of Buildings. Local Law 11/98 inspections and reports must be performed by a licensed professional engineer or registered architect knowledgeable in building façades and must be licensed to perform work in New York. Falcon Engineering can assist building owners and managers by performing required inspections, preparing and filing necessary reports. Building owners and managers with unsafe items reported on the Local Law 11/98 report have 30 days to either correct said items or file for an extension with the Department of Buildings. Extension requests must be made by an engineer or architect and shall include a timeline to complete repairs. Two extensions may be granted by the Department of Buildings, including an initial 90 day extension followed by a 9 month extension. It may be necessary to install protective measures or take other precautions to protect the public safety prior to and during correction of unsafe items. Upon correcting unsafe items, an Amended Local Law 11/98 report must be filed with the Department of Buildings. Frequently asked questions: What is included in the report? The scope of the Local Law 11/98 examination and subsequent report is limited to a determination of the safety of all exterior walls and appurtenances, specifically if said items are safe, unsafe or require repair based on the judgment of the engineer or architect. The report shall include photographs of items examined as well as locations of unsafe conditions. A complete list of report requirements can be found by visiting the NYC DOB's website at www.nyc.gov/html/dob. What portions of the building are examined and included in a Local Law 11/98 report? All exterior walls and appurtenances shall be examined by the Engineer or Architect. Examinations are visual in nature. Local Law 11/98 requirements mandate that an up-close examination be performed at a minimum of one representative sample location originating at ground level and extending vertically to the parapet or roof edge. The representative sample location must be along a street-facing wall. The most common method of accessing the building to perform the up-close examination is by way of scaffolding suspended from the roof level. Will repairs require a permit? Work permits are required for certain types of repairs to exterior walls based upon either scope or extent. Certain repair items do not require a work permit; however, building owners and managers should consult with their engineer or architect or contact the Department of Buildings for a list of repair items which require a work permit. If scaffolding is required to access portions of the exterior walls to complete repairs or correct unsafe conditions, special permits and/or filing will be necessary even if a work permit is obtained. 1Source: NYC Department of Buildings Website: http://www.nyc.gov/html/dob/html/guides/facade_safety_program.shtml Anthony Volpe, P.E., is regional vice president for The Falcon Group, New York, N.Y.