How to Resolve DOB Facade Violations in NYC

by | Last updated Jul 10, 2024 | Local Law 11 / FISP, NYC DOB

The New York City DOB requires all buildings over six stories to comply with the Facade Inspection & Safety Program, also known as Local Law 11. The building owners must hire an architect or engineer who is also a Qualified Exterior Wall Inspector to inspect the building and submit a report to the Department of Buildings. Failure to file this report can result in DOB violations. DOB can also issue violations if one of its inspectors observes any building facade deficiencies or unsafe conditions.

 

NYC DOB Facade Violations 

The NYC Department of Buildings can issue a summons and place a violation on a property if the owner fails to file a required Facade Inspection & Safety Program (FISP) Report. The owner may be able to avoid paying penalties if they file the report before the summons’ cure date. 

I am Jorge Fontan, an architect in New York and owner of Fontan Architecture, a NYC-based architecture firm. At our office, we work on various project types, including Local Law 11 FISP Inspections, reports, and repairs. Below, I will outline what to do if you get a DOB Facade Violation. 

 

NYC Facade Compliance

To comply with NYC FISP, an architect or engineer who is also a QEWI must perform an inspection and submit a report on the DOB Now Safety website. If the QEWI identifies the need for remediation, such work must be completed in accordance with DOB regulations, and an amended report must be filed after the repairs are completed.

If the building has unsafe conditions, you must protect the public. Therefore, the building will need a sidewalk shed. DOB can issue a violation for not providing adequate sidewalk protection. Following all DOB regulations is critical for avoiding violations and providing full compliance.

 

Types of DOB Facade Violations

  • Failure to File a Façade Technical Report
  • Failure to File an Amended Façade Technical Report
  • Failure to Maintain Building Walls
  • Failure to Protect the Public

 

Failure to File a Façade Technical Report

Failure to File a Facade Technical Report is a common type of facade violation. As mentioned, a Qualified Exterior Wall Inspector must file the facade report. Buildings have different deadlines depending on what sub-cycle of FISP they are in on a five-year overall cycle. If the report is not filed within the required sub-cycle, DOB may issue a violation for failure to File a Facade Technical Report.

Failure to File an Amended Façade Technical Report

Buildings in SWARMP or Unsafe status must file an Amended Facade Technical Report upon completion of all repairs and maintenance. Failure to file this report, even if all deficiencies have been corrected, can lead to violations. If repairs have not been made at all, the building is likely to incur violations.

Failure to Maintain Building Walls

Failure to Maintain Building Walls is a violation caused by problems with the building facade. For example, if the building has broken masonry, which can cause a potential hazard to the public, they can get a violation for failure to maintain it.

Failure to Protect the Public

Failure to Protect the Public indicates a hazardous condition at the building where proper protection, such as scaffolding, sidewalk sheds, or fences, has not been provided. Building owners must ensure sufficient protection is in place to avoid violations from DOB.

 

Example DOB Summons for Facade Violation

Below is an example of a Summons for a building in Manhattan that received a Facade Violation for not filing the required FISP report. If you look at the form, you will notice a section labeled “CURE DATE.”

The Cure Date is the deadline for performing the required inspections and filing the FISP Report to DOB. If you fulfill all requirements before the Cure Date, you may be able to avoid paying penalties on the violation. 

You should act immediately to hire someone to perform the inspection and prepare the report.

Example DOB Facade Violation

Example DOB Facade Violation

 

Correcting Facade Violations

The DOB issues facade violations regularly. Many people contact our office to request FISP inspections after they receive violations. It is best to follow all the regulations and avoid receiving violations in the first place. If you do get a facade violation, take action to resolve it in a timely fashion to prevent more violations and penalties.

If you are interested, we have another post with the schedule and deadlines for FISP Cycle 10.

 


Thank You for Reading Our Blog Post on New York City Department of Buildings Facade Violations.

I hope this was helpful. If you want to speak with an architect about a potential project, you can contact us at Fontan Architecture directly. Learn about our NYC Facade Inspection Services.

 

Contact Fontan Architecture

 

You can read more about Facade Violations on the DOB website: DOB Facade Violations

Contact Fontan Architecture

Jorge Fontan
Jorge Fontan

This post was written by Jorge Fontan AIA a Registered Architect and owner of New York City architecture firm Fontan Architecture. Jorge Fontan has earned 3 degrees in the study of architecture including two degrees from the City University of New York and a Masters Degree in Advanced Architectural Design from Columbia University. Jorge has a background in construction and has been practicing architecture for 20 years where he has designed renovations and new developments of various building types.