Local Law 11 Cycle 7 Update
The next Local Law 11 inspection cycle (Cycle 7) will commence February 21, 2010 and run through February 20, 2015. On August 2, 2007 Mayor Bloomberg signed Local Law 38 of 2007, which required the Buildings Commissioner to establish "staggered inspection cycles" for buildings governed by the façade inspection requirements of Local Laws 10 and 11. The new law spreads the approximately 12,500 inspection reports processed by the DOB over a three year period. On February 17, 2009, the DOB adopted amended
Rule 32-03, which details the staggered inspection cycles as well as other changes in inspection and reporting requirements.
The following summarizes the new "staggered" filing deadlines for Cycle 7.
Buildings are divided into three groups, based on the last digit of their respective "Block" number (as in "Block and Lot").
For the first group of buildings: "Block" numbers ending in the numbers 4, 5, 6 or 9, an "acceptable report" shall be filed with the DOB between February 21, 2010 and February 21, 2012. (The "filing window" for this group of buildings is 24 months in length. The window occurs exactly when it would have, had the staggered deadlines not been introduced.)
For the second group of buildings: "Block" numbers ending in the numbers 0, 7 or 8, an "acceptable report" shall be filed with the DOB between February 21, 2011 and August 21, 2012. (The "filing window" for this group of buildings is 18 months in length. The window commences 12 months later than it would have, had the staggered deadlines not been introduced.)
For the third group of buildings: "Block" numbers ending in the numbers 1, 2 or 3, an "acceptable report" shall be filed with the DOB between February 21, 2012 and February 21, 2013. (The "filing window" for this group of buildings is 12 months in length. The window commences 24 months later than it would have, had the staggered deadlines not been introduced.)
In addition to implementing staggered inspection cycles and other additions, the amended rule clarifies existing requirements, with the intention of improving the quality of the reports filed, and as noted in the "Statement of Basis and Purpose" accompanying the amended rule, "making it easier for the DOB to review the reports, and for DOB inspectors to perform follow-up inspections, thus further ensuring public safety."
Other "additions" to the amended DOB Rule 32-03, as adopted, include the following:
The terms "Registered Architect" and "Professional Engineer" are replaced with the term "Qualified Exterior Wall Inspector (QEWI)." A QEWI is defined as a "qualified exterior wall inspector as defined in section 101-07 of the rules of the department." DOB Rule 101-07(8) defines "qualified exterior wall inspector" as "A New York State licensed civil or structural engineer with 1 year relevant experience or a New York State registered architect with 1 year relevant experience. (emphasis added)
Detailed requirements for the written reports, covering content and format, and a definition of "acceptable report," to clarify that merely filing a report is insufficient to satisfy requirements of the code. The report must be thorough and contain all the required information - in the specified sequence, to be deemed "acceptable" by the DOB.
A prohibition on window air-conditioners being listed as "safe with a repair and maintenance program (SWARMP). Air conditioners will only be able to be reported as "safe" or "unsafe."
A "time frame" for repairs performed pursuant to a SWARMP assessment which will make it easier for the DOB and for the Owner to know when the repairs need to be completed.
A requirement that the report be filed with the DOB within 60 days of the date in which the QEWI completes the critical examination.
Filing fees (to be specified) for both the submission of the initial inspection report, as well extensions obtained in connection with repair of unsafe conditions.
A clarification that the law and rules apply to basements, but not cellars, (incorporating a DOB policy and procedure notice.)
Information on riggers performing scaffold drops, to enable the DOB to "verify that the close-up inspection was actually performed, and will indicate by whom it was performed, thus facilitating any necessary follow-up investigations."
A statement that "financial considerations shall not be accepted as a reason for granting a "extensions" and/or "further extensions" of time for the correction of unsafe conditions.
Provisions for waiver of penalties for failure to file an inspection report for "new owners" or buildings that were demolished.
Further information on DOB requirements will be provided as it becomes available. For specific questions or development of Cycle 7 compliance strategies, please contact us at info@superstructures.com.
