Balcony railings and connections must be checked for unsafe conditions under a new FISP requirement.
In July, a 35-year-old woman fell to her death from her 17th floor apartment balcony on the Upper East Side when the railing she was leaning against gave way. The tragedy has led to a closer look at the safety of balcony railings and has resulted in a new Department of Buildings requirement.
The Buildings Department has amended the Rules of the City of New York to require balcony railings and their connections on all buildings taller than six stories to be evaluated for structural soundness as a part of New York City’s Facade Inspection and Safety Program (FISP, formerly Local Law 11/98).
According to the amended rule, if the balcony railings and connections were not specifically checked during the 7th Cycle FISP inspection, the owner must have them evaluated by a qualified architect or engineer (either the same individual who filed the 7th Cycle Report or another qualified architect or engineer), who must file an affidavit to supplement the 7th Cycle Report. It is left to the architect/engineer to decide whether all balconies should be inspected or just a representative sample.
If the balcony railings and connections are deemed unsafe, the architect/engineer is required to submit an Unsafe Notification to the DOB, along with a letter from the owner stating the balconies have been vacated and made safe, and balcony access blocked. A Subsequent FISP Report must then be filed with the DOB within two weeks to document the unsafe status and the planned repair program.
For the 7th Cycle, all balcony inspections must be completed and the affidavit filed with the DOB by February 2, 2015. (The 8th Cycle begins on February 21, 2015). Starting with the 8th Cycle, the balcony evaluation will be incorporated into the FISP Report, with no need for a separate affidavit.
Despite the new requirement, some questions still remain. For example, why only railings on balconies? What about railings on roofs and recreational terraces? How does this affect the role of the qualified architect/engineer, who up until now was inspecting to prevent railings from falling off buildings and now has to adjust the evaluation to also prevent people from falling through railings?
In an effort to refine the new requirement, the DOB has reached out to engineering and architectural professionals and others in the buildings industry for feedback. RAND will keep property owners and managers updated as the DOB releases new information on the issue.
If your building has balcony railings and filed a 7th Cycle FISP Report, please contact RAND at 212-675-8844 or info@nullrandpc.com to schedule a date for us to evaluate the balcony railings and file the affidavit with the DOB. In the meantime, any railing that appears unsafe should be blocked off until a qualified facade inspector can confirm its stability.
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