Halloween is only a couple of days away, but some New York City property owners and managers are more spooked by February 21. That's the day they face the SWARMP Thing.
As our latest ad (right) in the November issue of Habitat magazine playfully reminds readers, February 21, 2013 is the final deadline for filing 7th Cycle Local Law 11/98 (now known as Facade Inspection and Safety Program, or FISP) reports with the Department of Buildings. The deadline applies to buildings taller than six stories with block numbers ending in 1, 2, or 3—and any other FISP properties that did not file their facade inspection reports by the previous 7th cycle deadlines.
Buildings that filed as Safe With a Repair and Maintenance Program in the 6th cycle but have not yet addressed those SWARMP conditions cannot file as SWARMP again in the 7th Cycle. The DOB will downgrade those buildings to "Unsafe," and owners will be required to install a sidewalk shed along the affected facades.
Most but not all SWARMP items, such as stone and terra cotta work and structural steel repairs, require a DOB work permit to fix. Unfortunately, given the amount of lead time needed to prepare specifications and drawings, file them with the DOB, and bid the project out to contractors, there's not enough time to make the repairs by the February 21 deadline with winter right around the corner. At this point, buildings with outstanding SWARMP issues will have to file their inspection report as "Unsafe."
Filing an Unsafe report is not as dire as it sounds. The DOB will grant 90-day extensions for fixing SWARMP items as long as a sidewalk shed is in place and the building owner can show that both a repair program has been prepared and a contractor has been hired to perform the work. Once the repairs have been made, the building can then file an amended report listing it as "Safe."
The DOB will not issue any fines along the way if these conditions are met. However, buildings that do not file a report by the February 21 deadline or fail to install a sidewalk shed face a fine of $250 a month, and owners who fail to correct unsafe conditions are liable for penalties of $1,000 a month.
In the meantime, owners can get things underway by having their engineer or architect file the FISP report with the DOB, prepare a repair program, and help select a contractor so the work is ready to start once the construction season resumes in the spring.
Even though your building will be temporarily filed as "Unsafe," it will at least be safe from the SWARMP Thing.
