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. Cycle 9 (2020–2025) introduced enhanced requirements for terra cotta inspection, drone use, and digital filing.

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 Cycle 9: Deadlines & Filing Windows

FISP operates on a five-year cycle. Cycle 9 runs from February 21, 2020 through February 20, 2025. To avoid congestion, filing deadlines are staggered by the last digit of the building's tax block number:

Cycle 10 begins immediately upon the close of Cycle 9 and will impose similarly staggered sub-cycle deadlines. Property owners who have not yet filed for Cycle 9 are already in violation and should contact a QEWI immediately.

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 cycle. Common SWARMP conditions include cracked mortar joints, isolated spalling, corroded shelf angles, sealant deterioration, and minor cavity wall tie deficiencies. Under FISP rules, SWARMP repairs must be completed within 18 months of the filing date. Failure to complete SWARMP repairs and file a follow-up report (TR6) converts the SWARMP classification to Unsafe.

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 immediately erect a Supported Scaffold or other protective measures (such as a safety netting system) and must begin repair work within 30 days. Unsafe conditions that are not remediated within 90 days allow NYC DOB to perform emergency repairs at the owner's expense, plus civil penalties.

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 — as increasingly permitted in Cycle 9 — by drone with sufficiently high-resolution imagery. 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. The penalty structure is designed to compel timely action:

• Failure to file FISP report: $1,000 per month
• Unsafe condition — failure to erect protection within 30 days: Up to $1,000 per day
• Unsafe condition — failure to complete repairs within 90 days: DOB emergency repair at owner's cost plus civil penalties up to $5,000/month
• SWARMP — failure to complete repairs within 18 months: Reclassification to Unsafe status with associated penalties
• False certification by QEWI: License revocation, criminal prosecution

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:

• All parking structures must be inspected by a licensed PE every six years
• Structures are categorized 1–4 by assessed risk, with Category 1 having the earliest filing deadlines
• Category 1 (highest risk, based on age and construction type) deadline: January 1, 2024
• Conditions classified as Critical must be addressed immediately, with the structure closed to the public until repaired
• Engineers must file reports through DOB NOW, similar to FISP

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 at least 6 months before your filing deadline. Engineers who are booked before your deadline 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 SWARMP repairs.

Understand Your Building's History

Review previous FISP reports, prior violations, and any capital repair history. Buildings with a SWARMP history in Cycle 8 that were remediated may still have underlying conditions requiring attention in Cycle 9.

Budget Ranges

Typical cost ranges for FISP-related work in NYC:

• QEWI inspection fee (including close-up access and report): $3,000–$15,000+ depending on building size
• Swing stage or boom lift rental for close-up access: $5,000–$20,000+
• Masonry pointing repair (per linear foot): $15–$45
• Lintel replacement: $2,500–$10,000+ per lintel
• Parapet reconstruction: $150–$400 per linear foot
• Structural concrete spall repair: $30–$120 per square foot