Local Law 11 (FISP) — facade inspection basics

Local Law 11 of 1998 created the Facade Inspection Safety Program (FISP). FISP requires that every building more than six stories tall in NYC have its exterior walls and appurtenances inspected by a Qualified Exterior Wall Inspector (QEWI) on a five-year cycle, with a formal report filed with DOB (NYC Admin Code § 28-302; 1 RCNY § 103-04).

This guide explains the cycle mechanics, what Safe / SWARMP / Unsafe mean, and how owners typically close out an Unsafe finding. Educational only — not legal advice or a filing manual.

What this means

Facade failures in NYC — masonry, balcony, and parapet failures — have been the source of several headline-grade injuries and deaths, which is why FISP exists and why DOB treats it seriously.

The program has a few key pieces:

• Covered buildings. Buildings more than six stories tall. Certain building types have specific overlays.
• Cycles. Each building is assigned to one of three sub-cycles (often referred to as Sub-Cycles A / B / C) that rotate on a five-year basis. Each sub-cycle has its own two-year filing window.
• QEWI. The inspection must be performed by a Qualified Exterior Wall Inspector — a licensed Professional Engineer (PE) or Registered Architect (RA) with specific FISP experience (1 RCNY § 103-04).
• Findings. The QEWI classifies the facade as Safe, Safe With a Repair and Maintenance Program (SWARMP), or Unsafe.

Unsafe changes the posture. An Unsafe filing usually requires a sidewalk shed, fence, or netting to protect the public from falling material. Protection must stay in place until the condition is repaired and a Subsequent / Amended report is filed showing the condition is Safe.

Common causes

• Missing the sub-cycle filing window for a covered building
• An Unsafe condition identified by the QEWI that is not repaired and re-filed as Safe within the permitted window
• Failure to maintain SWARMP conditions such that they become Unsafe before the next cycle
• Failure to install a sidewalk shed when an Unsafe condition is identified
• Not filing a Work Permit to perform the facade repairs

Timeline

• Sub-cycle filing window. Each sub-cycle has a two-year filing window. The QEWI report is due by the window's close.
• Unsafe finding. Immediate public-protection measures (sidewalk shed / fence / netting) and a follow-up repair-and-Amended-filing sequence.
• SWARMP. Must be corrected before the next cycle; failure to do so typically promotes the condition to Unsafe.
• Re-inspection after repair. After Unsafe repairs are complete, the QEWI re-inspects and files a Subsequent or Amended report.
• Next cycle. Five years from the current report, the next filing comes due.

Penalties

FISP penalties are set by NYC Admin Code § 28-302 and the DOB schedule.

• Failure to file a required FISP report: typically per-month penalties that escalate the longer the report is late; in many cases the baseline has been quoted at $1,000/month (verify current schedule).
• Failure to correct Unsafe conditions in the permitted window: separate, additional penalties.
• Failure to install required public protection after an Unsafe finding: separate, additional penalties, usually sharply higher given the public-safety exposure.
• Sidewalk shed permits and fees are ongoing costs while protection is in place; while not technically penalties, they are real operational costs and a reason to complete Unsafe repairs promptly.

How it typically gets resolved

1. Confirm the cycle and window on DOB's FISP portal. Use the building's BIN to pull the sub-cycle and filing deadline.
2. Retain a QEWI early. Scaffolding availability and specialty contractors get tight as the window closes. Plan 6–12 months ahead.
3. Physical inspection. QEWI performs a close-up inspection (drop / rope / scaffold / drone, per rule) and issues findings.
4. If Unsafe: install protection immediately, pull a DOB Work Permit for the repairs, perform the work, and have the QEWI re-inspect and file a Subsequent / Amended report classifying the condition as Safe.
5. If SWARMP: plan and complete the repair before the next cycle; failure escalates.
6. File the QEWI report within the filing window.

When to hire a pro

Every step of FISP uses outside professionals.

• QEWI — the core inspection role; PE or RA with FISP experience.
• Facade contractor / restoration firm — licensed and insured for exterior work.
• Rigging / sidewalk-shed contractor — licensed riggers install and maintain protection.
• Expediter — files the QEWI report and any related permits with DOB.
• Attorney — if DOB issues an Unsafe-condition summons or if an injury incident overlaps with litigation exposure.

Related guides

• DOB Class 1 — immediately hazardous
• DOB Class 2 — major
• Certifying correction — HPD + DOB

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