New FISP rules in NYC mean big changes
The start of 2020 brought new FISP rules to NYC. Here's what those changes are and how they affect building owners, inspectors, and the time to complete repairs. Make sure you’re compliant by taking a look at these new rules. And, as always, we’re here to help.
Why the push for new FISP rules in NYC
The Department of Business (DOB) has long inspected façades. But the tragic death of an architect in late 2019 created renewed urgency of the situation as a safety issue and concern. In cities like New York, this urgency is especially relevant. Building height, age and number of structures, and volume of passerby all contribute to the need for stricter façade regulations and more accountability.
Major changes in the new FISP rules in NYC and boroughs
New FISP rules in NYC became effective on February 20, 2020. The new rules follow the same height requirement of buildings in NYC and its boroughs. Critical examinations are still required every five years. However, here are a few of the changes you’ll want to be aware of.
New criteria for and demands on QEWIs
Anyone performing façade inspections must be a qualified exterior wall inspector (QEWI). QEWIs must be licensed in the state of New York as a registered architect or professional engineer. Where QEWIs used to only need one year of experience, they now need extensive experience under the new rules. Also, QEWIs can no longer subcontract inspections to technicians. And, they’re expected to provide more detailed evaluations, completed-by dates, and ways building owners can better protect the public.
Be ready for random safety reviews
Just because your building hasn’t had a violation doesn’t mean it’s safe from compliance review. With an expanded inspection team, the DOB plans to conduct random FISP reviews. Approximately 25% of buildings in NYC will be randomly selected for inspection.
Expect more scrutiny for buildings on easements, such as public right of ways
A heads-up to buildings on a public right of way: the time and resources needed for inspections just got bigger. Previously, QEWIs needed to account for scaffolded and up-close inspection of a portion of buildings, which was then considered illustrative of the entire façade. The new FISP rules now require inspection every 60 feet. (And that even applies to walls facing sidewalks and side streets.)
You have some more time to fix unsafe issues
Issues deemed unsafe now have 90 days (versus 30) to be addressed and fixed. Some exceptions exist, if approved by the DOB.
Steep fines for non-compliance
You can’t put a cost on safety. But the new FISP rules in NYC convey a message: the price is high for ignoring it. Fines for not filing inspections or late reports have increased 400–500%. And if the condition of your façade hasn’t changed since your previous FISP cycle, be ready to pay a fine of $2,000.
Posting lobby signage
The new rules require signage in lobbies indicating the status of the façade.
Owners of buildings 6 stories or fewer are exempt from FISP but not maintaining façades
The new FISP rules in NYC only apply to buildings taller than 6 stories. But here’s what we want owners of buildings below these height requirements to know: you still face penalties for failing to maintain a façade per Administrative Code §28-301.1.
How to view violations on your property, including FISP violations
Visit the Buildings Information System to check for all violations for your property. Current violations do not have an asterisk.