How to Handle a Local Law 11 Violation (LL11/98)

Owners of buildings taller than six stories must have exterior walls and appurtenances inspected every five years and must file a technical facade report. See Local Law 11 (FISP) facade filings. The cited provisions are Construction Codes section 28-302.1 and 1 RCNY 103-04. LL10/80 is the older facade label, Local Law 10 of 1980; it is not this code.

Read the notice

Confirm the number contains LL11/98. A no-report-filed mark, NRF or 1684NRF, can also be used when the initial facade report was not filed. An asterisk means DOB's types page marks the item dismissed.

Older summonses say ECB. Current pages call that hearing path an OATH summons. OATH holds the hearing; it is not part of the Department of Buildings and does not issue the summons. A facade violation can also be a DOB violation, an order to correct with no court appearance. If your paper is a summons, use the hearing date and any cure date printed on it.

If a class is printed, Class 1 is immediately hazardous, Class 2 is major, and Class 3 is lesser. The report itself uses three condition names: Safe, Safe With a Repair and Maintenance Program (SWARMP), or Unsafe.

What the city is requiring

A Department-approved Qualified Exterior Wall Inspector (QEWI) files the technical report. If the violation is failure to file, the missing initial report must be filed. DOB states $1,000 for every month an acceptable report is not filed, and $5,000 for each year after the sub-cycle window. DOB's fees page lists failure to correct SWARMP conditions at $2,000.

If the condition is unsafe, it must be repaired within 90 days of the unsafe report, or a FISP1 extension is required. Owners are liable for civil penalties starting 90 days after the initial unsafe report unless an acceptable FISP1 or FISP2 extension covers the period. An unsafe condition also has to be corrected and an acceptable amended report filed; DOB refers to the schedule in 1 RCNY 103-04 for those penalties.

The QEWI must call 311 and file FISP3 to notify the Department of an unsafe facade. The owner has to install the public protection the inspector recommends, and it stays until an amended Safe or SWARMP report, or a partial shed removal, is approved. Removing that protection without Department approval is listed as a Class 2 violation.

What S & M Expediting handles

We research the LL11/98 notice and which filing it still needs, prepare and file the certificate of correction and related Department filings, and follow them. When the paper is a summons, we can appear at the OATH hearing. See violation removal.

Who does the corrective work

The QEWI performs the inspection and files the technical report, the amendment, and FISP3 when required. A licensed contractor does the repair and installs the public protection. We will work with the facade contractor you have, or if not, we will recommend one from our network.

Call us at 718-833-2333 or email info@sandmexpediting.com. Have the notice and any Safe, SWARMP or Unsafe report ready.