NYC Local Law 11 & FISP: Complete Property Owner's Guide

History of Local Law 11

The façade inspection program traces its origins to a tragic event: on April 10, 1979, a piece of masonry fell from a Manhattan building and killed Grace Gold, a Barnard College student walking below. The incident prompted the City to act. Local Law 10 of 1980 first required periodic facade inspections for buildings over six stories. A 1997 update — Local Law 11 of 1998 — significantly expanded the program's scope, introducing the five-year cycle and requiring more rigorous close-up inspection of all exterior walls, not just street-facing elevations.

The program is now formally known as the Facade Inspection Safety Program (FISP) and is codified in NYC Building Code §28-302. It has been amended multiple times since 1998, with each cycle introducing stricter requirements. Recent program updates have expanded expectations around terra cotta review, digital filing, and the permitted use of technology such as drone imagery.

Who Must Comply

FISP applies to all buildings six or more stories tall (approximately 60 feet or more). This includes:

• Residential apartment buildings and condominiums
• Commercial office and retail buildings
• Mixed-use buildings
• Hotels and hospitals
• Industrial and institutional buildings

One- to five-story buildings are not subject to FISP but may still be subject to other NYC DOB exterior wall maintenance requirements under NYC Admin Code §28-302.1.

FISP Filing Windows

FISP operates on recurring DOB cycles, and filing windows are staggered by the last digit of the building's tax block number. Because cycle dates, extension policies, and late-filing treatment can change from one program period to the next, owners should verify the currently active DOB schedule before assuming a filing date carried over from prior guidance.

If your building is approaching or has passed its current filing window, treat the matter as urgent. Engage your QEWI promptly, confirm the active DOB requirements, and align inspection, close-up access, and filing work to the current cycle rather than relying on older published schedules.

Safe, SWARMP & Unsafe Explained

Every FISP report classifies the facade's condition into one of three categories. Understanding what each means — and your responsibilities under each — is critical.

Safe

The exterior wall and appurtenances are structurally sound and do not pose a threat to public safety. No repairs are required within this cycle. Note: "Safe" does not mean the facade is in perfect condition — only that no existing condition poses a danger within the cycle timeframe.

SWARMP (Safe With A Repair and Maintenance Program)

The facade has conditions that are not immediately dangerous but require repair and maintenance within the active DOB program requirements. Common SWARMP conditions include cracked mortar joints, isolated spalling, corroded shelf angles, sealant deterioration, and minor cavity wall tie deficiencies. Owners should confirm the current completion and follow-up filing requirements with their QEWI because unresolved SWARMP items can escalate into a more serious enforcement posture.

Unsafe

Conditions exist that pose an immediate danger to public safety — loose masonry units, severely corroded lintels, large cracks in structural concrete, or actively spalling concrete. An Unsafe filing triggers immediate obligations: the owner must put public protection in place right away, coordinate emergency response with the QEWI and contractor team, and follow the active DOB repair and reporting requirements without delay. If the condition is not stabilized and corrected, DOB can escalate enforcement and pursue emergency action at the owner's expense.

What Happens During a FISP Inspection

FISP inspections are performed by a Qualified Exterior Wall Inspector (QEWI) — a licensed PE or RA with at least one year of exterior wall evaluation experience. The process typically unfolds as follows:

1. Document Review: The QEWI reviews available building records, previous FISP reports, DOB violation history, and any available architectural/structural drawings.
2. Ground-Level Observation: The inspector walks the perimeter of the building, examining accessible portions of all exterior walls using binoculars and noting conditions requiring close-up inspection.
3. Close-Up Inspection: This is the critical phase. The QEWI must physically reach within arm's reach of the facade by swing stage scaffolding, suspended scaffold, a boom lift, or by other current DOB-permitted inspection methods such as sufficiently high-resolution drone imagery where allowed. Close-up inspection must cover all facade surfaces, not just street-facing elevations.
4. Sounding: The inspector physically taps masonry and concrete surfaces to detect hollow areas, delamination, and loose material. This "hammer tapping" technique is a fundamental indicator of facade distress.
5. Report Preparation & Filing: The QEWI produces the FISP Technical Report (TR6), classifies the building, and files electronically through DOB NOW. The owner receives copies of all filed documents.

Penalties for Non-Compliance

NYC takes FISP compliance seriously. Consequences for missing filings or failing to correct unsafe conditions can include:

• Late or missing filing exposure: civil penalties and DOB violations
• Unsafe conditions left unprotected: immediate enforcement and public-safety directives
• Failure to complete required corrective work: escalated violations, additional penalties, and possible emergency repair action at the owner's expense
• SWARMP items left unresolved: follow-up enforcement or reclassification under the active program rules
• Improper or false certification: professional disciplinary and legal consequences

Local Law 126: Parking Structure Inspections

Local Law 126 of 2021 established a separate mandatory periodic inspection program for parking structures — above-grade and below-grade garages and parking lots — regardless of building height. This law was enacted following the partial collapse of a parking garage in Hell's Kitchen. Key provisions:

• Parking structures are subject to a separate periodic inspection cycle under current DOB rules
• Structures are categorized by risk, and the active DOB schedule determines the applicable filing window
• Conditions classified as critical or unsafe require immediate protective action and may require closure until corrected
• Engineers file reports through the applicable DOB system, separate from facade filings

How to Prepare & What to Budget

Property owners who plan their FISP cycle proactively have substantially lower costs than those who wait for violations. Here's how to approach it:

Engage Your QEWI Early

Hire your inspector well before your current filing window. Engineers who are booked early can schedule the inspection, complete the close-up work, and allow adequate time for report preparation, any DOB questions, and — if needed — contractor procurement for corrective work.

Understand Your Building's History

Review previous FISP reports, prior violations, and any capital repair history. Buildings with a SWARMP history in a prior cycle may still have underlying conditions requiring attention in the current cycle.

Budget Drivers

FISP costs vary widely based on project scope. The biggest cost drivers are usually:

• Building size, height, and facade complexity
• Required close-up access method and site logistics
• The extent of repair work identified during inspection
• Whether temporary protection, sidewalk management, or emergency stabilization is required
• How early the owner coordinates engineering, access, and contractor pricing before the filing window closes