9th Cycle FISP – New Rule Issued for Facade Inspections

It's official. Just in time for the start of the City's 9th Cycle Facade Inspection Safety Program (FISP) on February 21, 2020, the New York City Department of Buildings (DOB) has published a new amended rule aimed at increasing safety and holding negligent building owners accountable. In the wake of architect Erica Tishman's tragic death by falling masonry in December, recent cavity wall failures, and taking into account the city's aging building stock, it's more critical than ever that building owners proactively maintain their facades in safe condition.

NEW for the 9th Cycle
The most significant changes include:

• Additional hands-on inspections are now required, changing the previous minimum requirement from one full-height hands-on inspection per building to one along every 60-foot interval of street-facing and public right-of-way-facing facades.
• During every "odd" cycle (i.e., Cycle 9, Cycle 11) probe investigations are required along every 60-foot interval of cavity wall facades, to check for the presence and condition of wall ties.
• A facade condition certificate must be displayed in the lobby (similar to an elevator inspection certificate).
• Experience requirements for Qualified Exterior Wall Inspectors (QEWI) have increased to a minimum seven years of relevant experience, and anyone involved in the inspection process must either have three years of relevant experience with a bachelor's degree in architecture or engineering, or five years if lacking the degree. 
• Increased and new civil penalties:
  • The penalty for failure to file has increased from $1,000 to $5,000.
  • The monthly penalty for late filing is now $1,000 per month.
  • Owners who fail to correct an Unsafe Condition face a $1,000 per month penalty plus an additional monthly penalty based on the linear footage of sidewalk shed.
  • A new civil penalty of $2,000 will be assessed for failure to correct Safe with a Repair and Maintenance Program (SWARMP) conditions by the next cycle.

In addition, although not mentioned in the new rule, the DOB will be adding a new "Administrative Unsafe Conditions" subcategory to distinguish actively Unsafe buildings from those where owners fail to address Safe with a Repair and Maintenance Program (SWARMP) conditions but no immediate danger exists. While a civil penalty of $2,000 will be assessed, buildings filed as Administrative Unsafe will not require a sidewalk shed until repairs begin.

What Owners and Managers Need to Know
Depending on the length of your building's street/public-facing facades, the cost of conducting the inspection each cycle may significantly increase because numerous additional drops are now required.

Also, if your building is of cavity wall construction, the required investigative probes will significantly add to the cost of the inspection process. RAND will work toward undertaking the probes in the most cost-effective manner possible while fulfilling DOB's requirements.

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FISP mandates cyclical facade inspections of all buildings over six stories in height. The inspection and filing window is determined by the last digit of the building's block number, which for the 9th Cycle will be as follows:

Sub-Cycle 9A - Blocks ending in 4, 5, 6, or 9
Filing window: February 21, 2020 to February 21, 2022

Sub-Cycle 9B - Blocks ending in 0, 7, or 8
Filing window: February 21, 2021 to February 21, 2023

Sub-Cycle 9C - Blocks ending in 1, 2, or 3
Filing window: February 21, 2022 to February 21, 2024

Given the anticipated increase in the number of drops and cavity wall probes now required, the contractors providing scaffolding equipment and opening/sealing probes will be in great demand. Scheduling an inspection early in a building's two-year filing window will insure adequate time to have the inspection process and any necessary repair work completed for a Safe or SWARMP filing by the deadline.