LOCAL LAW 11/98 UPDATE
BY ALAN EPSTEIN, PE EPSTEIN ENGINEERING
PART I
On April 19, 1999 the Building Industry Advisory Council assembled by the City of New York met relative to the final changes to Local Law 10/80 (The Façade Inspection Law which will now be known as Local Law 11/98). The following summarizes the MAJOR CHANGES, which have been incorporated into the new law and the likely cost impact of such changes.
Under the new Local Law 11 all facades of all buildings greater than six (6) stories in height must now be inspected. This includes side, rear, courtyard, etc. walls which may have previously been exempt from Local Law 10 Inspection. THIS REPRESENTS A MAJOR CHANGE FROM THE REQUIREMENTS FROM LOCAL LAW 10/80. IT GREATLY EXPANDS THE NUMBER OF WALLS AND FACADES WHICH MUST BE INSPECTED. An exception to this new requirement are walls which are less than twelve inches from the exterior wall of an adjacent building. These walls need not be inspected for all buildings covered by Local Law 11. For additional exceptions relative to certain buildings having at least one but not all facades greater than 6 stories, see item 4 below.
Cost Impact
One should anticipate an increase in professional fees for Local Law 11 Inspection and Reports as a result of the significant expansion of areas being inspected and the difficulty and time consuming nature of accessing such areas. An even more substantial cost impact will be felt relative to the cost of having contractors perform remedial work at these areas. Many rear/courtyard facades have not previously been inspected nor have repairs been performed at such areas for significant periods of time.
2. Time Frame for Buildings Having Some Walls Never Previously Inspected
The Department of Buildings has provided 2 different mechanisms/time frames for complying with the new requirements of Local Law 11/98 for buildings of this nature. They are as follows:
a) A 5th Cycle Local Law 10 Report can be filed for buildings of this nature provided that all walls are inspected and the report of the inspection is filed with the Department of Buildings during the period of February 21, 1999 through March 1, 2000. This would be considered a 5th Cycle Filing for the building.
b) Alternatively, there is available the following 2-step inspection and filing procedure:
i. An initial inspection must be conducted relative to the walls never previously inspected under Local Law 10/80 and a report of that initial inspection must be filed with the Department of Buildings by March 1, 2000. This filing will be known as a supplemental 4th Cycle Filing; and:
ii. An inspection of all the building’s walls (including a re-inspection of the walls inspected under i. above) must be performed and a report of that inspection must be filed during the period February 21, 2000 through February 21, 2002. This would serve as the 5th Cycle Local Law 11 Filing for the Building.
With respect to this alternative method, both steps i. and ii. must be complied with.
Cost Impact
These are very short time frames for compliance. The deadline for the filing of reports relative to rear/courtyard facades never previously inspected is less than eight months away. As a result of the enormous number of buildings which will have to be inspected and which will have to have reports filed within this brief window of opportunity, there will likely be an extreme shortage of capable and qualified consultants who are available. This shortage will become even more pronounced as the deadlines approach. Accordingly, one should reasonably expect fees to escalate as February 21, 2000 approaches since consultants may have to work overtime and double shifts to meet demands.
3. Time Frame for Buildings Which Previously Had All Walls Inspected
Fifth Cycle Local Law 11 Reports for all buildings which previously had all facades inspected under Local Law 10 must be filed during the period February 21, 1999 and February 21, 2002.
4. Buildings Covered by Local Law 11/98
All buildings located in New York City, which are greater than six stories in height must be inspected under Local Law 11. Buildings which are designated in their certificate of occupancy or having six stories plus a basement must have all of their façades inspected.
For buildings which are designated in their certificate of occupancy as having six stories plus a cellar and which have one or more facades not greater than six stories in height, only the facades which are greater than six stories in height must be inspected. An exception to this inspection requirement for this latter group of buildings is:
Exterior walls facing any open space having an area of less than 900 square feet (83.6 m2) and which is bound by exterior walls or by exterior walls and interior lot lines. These walls need not be inspected.
Cost Impact
As a result of the above, a significant number of buildings which were never inspected under Local Law 10/80 will now be brought into the inspection program under Local Law 11/98. Therefore there will be costs associated with inspection, filing of reports, performing repair work, sidewalk bridging, etc., which will now be incurred relative to these properties. The repair costs may be quite significant since many properties of this nature have had minimal repair work performed on them.
5. Signatures on the Local Law 11 Report
Under the new law it will be necessary for both the Owner and the Local Law 11 engineer to sign all Local Law 11 Reports which are filed with the Department of Buildings. The owner, by signing, will be stating that he has received a copy of the Local Law 11 report and is aware of the required repairs and/or maintenance to be performed and the recommended time frames for such repairs/maintenance. Failure to provide such required signatures will result in rejection of the report submitted to the city.
6. Elimination of The On-Going Maintenance Program As a Substitute for Periodic Façade Inspections
Having an on-going maintenance program at a building will no longer be accepted in lieu of the filing of a Local Law 11 Façade Inspection Report at 5-year intervals. Such periodic inspection reports must be filed whether or not there is a maintenance program in effect.
Next month: Six more changes and their cost impact explained.
Alan S. Epstein, PE, MSCE, Esq. is President and CEO of Epstein Engineering, P.C.