Local Law 11, officially known as the Facade Inspection Safety Program (FISP), is critical legislation affecting New York City building owners. Established to ensure the safety of pedestrians and residents from potential facade failures, Local Law 11 mandates the periodic inspection of building exteriors of buildings taller than six stories. Non-compliance with this law can lead to severe legal repercussions, including fines, violations, and increased liability. This article outlines the penalties building owners may face if they fail to comply with the requirements of Local Law 11.
Legal Framework of Local Law 11
Local Law 11 requires that building facades be inspected every five years by a qualified professional, usually a licensed architect or engineer. The findings from these inspections must be filed with the New York City Department of Buildings (DOB), and any necessary repairs identified during the inspection must be promptly addressed to ensure the safety of the building’s exterior.
Fines and Financial Penalties
Failure to File a Report
One of the primary penalties for non-compliance is a fine for failing to file an inspection report. Building owners who miss the filing deadline are subject to an immediate fine, with additional penalties for prolonged non-compliance.
- Initial Fine: Owners can expect a fine of $1,000 per year for failing to file the required report.
- Additional Fines: An extra $250 monthly can be added if the report still needs to be filed beyond the initial deadline.
Failure to Correct Unsafe Conditions
Significant fines are imposed if an inspection report identifies unsafe conditions and the owner fails to rectify these issues within the stipulated time.
- Daily Fines: Building owners may incur fines up to $1,000 per day until the unsafe conditions are corrected.
Violations and Legal Notices
The DOB issues violations to property owners who do not comply with Local Law 11 requirements. These violations can be classified as either “unsafe,” “safe with a repair and maintenance program” (SWARMP), or “safe.”
- Unsafe Violations: Require immediate action to stabilize conditions, with subsequent repairs to be completed within a specified timeframe.
- SWARMP Violations: Require corrective measures by a set deadline before the next inspection cycle.
Failure to address these violations can escalate enforcement actions, including additional fines and potential legal proceedings.
Increased Liability
Beyond financial penalties, non-compliance with Local Law 11 increases a building owner’s liability in several ways:
- Civil Lawsuits: Owners may face lawsuits if falling debris or facade failures cause injury or damage. Non-compliance can be seen as negligence, potentially leading to hefty legal settlements or judgments.
- Insurance Premiums: Insurance companies may increase premiums or deny coverage to properties that do not comply with local safety laws.
Compliance Requirements
To avoid these penalties, building owners should ensure they understand and meet all requirements of Local Law 11:
- Hire a Qualified Professional: Engage a licensed architect or engineer to perform the mandatory inspections.
- Timely Report Submission: Ensure all inspection reports are submitted to the DOB by the due date.
- Address Identified Issues: Promptly correct any unsafe conditions identified during inspections.
Compliance with Local Law 11 is a legal obligation and a critical measure to ensure the safety and integrity of building structures in New York City. The consequences of non-compliance can be severe, including substantial fines, legal violations, and increased liability risks. Building owners are strongly advised to adhere to the timelines and repair guidelines stipulated by Local Law 11 to avoid these penalties and protect the safety of all city residents and visitors.