Owners of buildings who fail to correct Safe With a Repair and Maintenance Program (SWARMP) conditions noted in their 8th Cycle Facade Inspection Safety Program (FISP) Report will now face a Failure to Correct SWARMP civil penalty of $2,000 upon filing of the 9th Cycle Report. The Failure to Correct SWARMP civil penalty became effective at the start of the 9th Cycle on February 21, 2020.
Challenge of Civil Penalty
If you believe you have received this violation in error, you may submit a challenge by providing proof, such as a copy of an acceptable Subsequent 8th Cycle Report, or written proof from a QEWI that SWARMP conditions observed at the building were corrected and the violation was dismissed, and completing a Facades Waiver of Civil Penalties Form and emailing it to facades@nullbuildings.nyc.gov. Challenges must be submitted within 30 days of receipt of the violation.
Facade Condition Certificate Must Be Posted
Also new for the 9th Cycle, owners must post an exterior wall condition certificate (similar to an elevator inspection certificate) in their building’s lobby or vestibule. The certificate can be found in the DOB NOW: Safety Facades portal under the Actions column and the Technical Report (TR6)/FISP Report Tab. Failure to comply may result in a $500 fine.
Contact RAND
If you would like a consultation or a proposal from RAND to conduct a facade inspection for your building, and/or to design and administer FISP repair work, please contact us at 212-675-8844, or FISP@nullrandpc.com. For more on New York City's Facade Inspection Safety Program, please see our FISP Fact Sheet.
Steven Tingir is a partner at RAND and head of the firm's Facade & Roofing team.
