FISP Local Law 11
The intent of the NYC FISP Local Law 11 is to provide a "critical examination" to identify the condition of the exterior walls in accordance with the following terms (quoted from the code):
Critical Examination – Critical examination means an examination conducted to review the exterior of a building and all parts thereof to determine whether the exterior walls and the appurtenance thereto are safe, unsafe, or safe with a repair and maintenance program and whether, in the judgement of a Registered Architect or Professional Engineer, they require remedial work.
Unsafe Condition – Unsafe condition means a condition of a building wall, any appurtenance thereto or part thereof that is dangerous to persons or property and requires prompt remedial action. In addition, any condition which was reported as safe with a repair and maintenance program in an earlier report, and which is not corrected at the time of the current inspection, shall be reported as an unsafe condition.
Safe – Safe means a condition of a building wall, any appurtenances thereto, or any part thereof not requiring repair or maintenance to sustain the structural integrity of the exterior of the building and that will not become unsafe during the next five years.
SWARMP (Safe with a Repair and Maintenance Program) – Safe with a repair and maintenance program means a condition of a building wall, and appurtenances thereto or any part thereof that is safe at the time of inspection but requires repair or maintenance during the next five years in order to prevent its deterioration during that five-year period into an unsafe condition.
Filing Deadlines
The upcoming FISP inspection cycle, Cycle 10, will commence on February 21, 2025, and will run through February 21, 2027.
A Professional must be retained to conduct periodic inspections of the exterior walls, once every five (5) years. The deadline for filing the report with NYC is based on the building’s sub-cycle which is based on the last digit in the building’s tax block number.
Summary Requirements
The following is a summary of the FISP requirements paraphrased from the code:
All parts of all exterior walls and any appurtenances thereto shall be inspected once every five (5) years for all buildings over six stories in height except walls within 12 inches from the wall of an adjacent building.
Previously filed reports must be reviewed prior to examination. A comparison must be made between previously reported conditions and observed conditions, including their state of repair or maintenance, and conditions.
Methods of examination shall permit a complete inspection of same. Use of scaffold or platform is preferred but not required provided the professional uses other appropriate methods. However, a physical examination from a scaffold or other observation platform IS required for a representative sample of the exterior wall. This includes an examination from one scaffold drop, lift, or fire escape along a path from grade to top of an exterior wall on a street.
A professional standard of care must be used to detect splitting or fracturing of terra cotta on buildings, cracking of masonry and brick work in brick faced building, loosening of metal anchors and supports, water entry, movement of lintel angles, etc. and shall ascertain the cause of these and such other conditions detected.
The report shall include a record of significant deterioration, unsafe conditions and movement observed as well as a statement concerning the water tightness of the exterior surfaces.
The report shall include photographs and/or sketches to document locations of conditions considered unsafe, or safe with repairs and maintenance.
The report shall indicate what repairs and maintenance are required and those which require the obtaining of work permits prior to their commencement.
Typically, these services would require that the Owner retain a high-rise restoration contractor with a New York City Rigger's license to provide scaffolding for the "close up inspection" and file the report with the City of New York Building Department or observation from fire escapes.
