Which Buildings must be filed?
The requirements for filing façade inspection reports applies to all buildings with exterior walls or parts thereof that are greater than six stories in height, including the basement (floor level with at least half of its floor-to-ceiling height above the street level) regardless of the information in the Certificate of Occupancy. The Commissioner shall determine which additional buildings are required to file in accordance with this rule.
Which Exterior Walls are affected?
All exterior walls must be inspected with the exception of walls which are less than twelve inches from the exterior wall of an adjacent building.
What does typical Local Law inspection involve?
In addition to visual inspections of the building, close-up inspections of the street façade(s) from scaffolding are performed. Roofs, terraces, and balconies are reviewed. All of the Building's appurtenances are examined - such as canopies, antennae, satellite dishes, air conditioners, and fire escapes.
Who files the Local Law 11/98 report and what are the different classifications used?
Local Law 11/98 inspection reports must be filed every five years by a Registered Architect (RA) or Professional Engineer (PE). The condition of the Buildings is classified as Safe, Safe with Repair and Maintenance Items (SWARMP), or Unsafe. A Safe building needs no further action, a building that is Safe With Repair And Maintenance Items (SWARMP) must be repaired in the time frame listed by the Engineer or Architect in the report, and an Unsafe building must be repaired within 30 days.
What are examples of unsafe exterior conditions?
Any item that jeopardizes safety of pedestrians below is an unsafe condition. Examples include loose brickwork, mortar, or concrete; leaning parapet walls, cracked or broken windows, fractured terracotta, loose metal, improperly secured window-mounted air conditioners and any loose material, such as wood, bricks, debris, planters and the like. The law requires that unsafe conditions be addressed immediately, within a 30-day time frame and subsequently an amended report filed with the DOB. An extension may be given for the unsafe conditions to be corrected if needed. Images of Unsafe Conditions.
Is our building required to file if the Certificate of Occupancy says it is six stories plus cellar?
The Owner is required to have a professional Architect or Engineer inspect the property and determine whether the building is exempt or required to file a local law façade report. This determination is based upon the actual height of the building and whether it is six stories with a cellar or basement. A cellar does not count as a story since more than half its height is below ground level. On the other hand, a basement counts as a story because more than half its wall height is above ground. In summary, no matter what is stated on the Certificate of Occupancy a six story building with basement is considered 7 stories and thereby is required to comply with filing a Local Law Report.
How is a window-mounted air conditioners properly installed?
The improper mounting of window air conditioners is one of the items causing the DOB to reject Reports filed as "Safe" due to the fact that such air conditioners constitute a potential hazard. Window air conditioners should be securely attached from the exterior and/or interior side of the Building. The proper mounting of window air conditioners is one item for which the DOB has not yet provided any specific regulations or design criteria. It is at the discretion of the Architect or Engineer performing the inspection to decide whether such an air conditioner constitutes a potential hazard. Certainly, an air conditioner with blocks or bricks wedged in between the unit and the windowsill will be classified as an unsafe condition by the DOB, as will an air conditioner that appears unstable. Based on this however, it is difficult for an Architect or Engineer to determine the safety of window-mounted air conditioners unless checking every single unit from inside of the apartments. This though is not feasible in large Buildings due to the number of apartments and where location of the units changes on a daily basis. Therefore, until such time as the DOB issues more specific regulations, it is recommended that building owners/managers implement a policy of installing secure support brackets for window air conditioners by a qualified contractor. Images of Window Mounted Air Conditioners.
Are there any fees for filing reports?
The report shall be submitted to the Department along with a filing fee as specified in the rules of the Department (amount of filing fees is still being determined). Furthermore, if the report is filed after the required due date the late filing penalty shall be two hundred fifty dollars ($250) for each month until the report is accepted by the Department.
