For commercial property owners and facility managers in New York City, there are few words more alarming than “UNSAFE” on a Façade Inspection Safety Program (FISP) report, commonly known as Local Law 11.
This classification is not a suggestion for future maintenance; it is a safety declaration and a high-stakes legal emergency that triggers immediate action and a non-negotiable compliance deadline. The moment your Qualified Exterior Wall Inspector (QEWI) identifies and files an Unsafe condition, a 90-day clock begins ticking. Failure to initiate and complete repairs within this window exposes your building to severe penalties, enforcement action, and catastrophic public safety risks.
Below is the definitive, step-by-step action plan required to immediately stabilize the situation, maintain public safety, and legally resolve your NYC Local Law 11 unsafe conditions repair mandate.
In This Essential Compliance Guide, You Will Learn:
- The Immediate Legal Impact of an “UNSAFE” Classification: Understand precisely what the designation means and why it triggers an immediate, non-negotiable regulatory emergency for your property under NYC law.
- The 90-Day Mandate & Deadlines: A clear breakdown of the two critical compliance deadlines, starting from the moment your QEWI files the report.
- Your First Hour of Action: The protocol for establishing immediate public protection, including guidance on the mandated installation of sidewalk sheds, fences, or structural netting.
- Vetting a Specialized Contractor: Critical criteria for hiring an insured, licensed NYC façade repair specialist who can rapidly execute compliant repairs within the short 90-day window.
- Navigating the DOB NOW: Safety System: A walkthrough of the Department of Buildings (DOB) digital portal, detailing how to manage filings and ensure proper owner email registration for project sign-off.
- The Final Compliance Step (Amended Report): The precise process and mandatory two-week deadline for filing the Amended Report with the DOB after all Unsafe conditions have been corrected and certified by the QEWI.
- Hidden Permitting Requirements: How façade projects may trigger an additional need for an NYC Energy Code Analysis (NYCECC), even for non-exempt buildings.
I. The Regulatory Crisis: Understanding the “UNSAFE” Classification
An UNSAFE classification means that a critical examination by a New York State licensed Professional Engineer (PE) or Registered Architect (RA)—designated as a QEWI—has found a condition on your façade or its appurtenances (e.g., balconies, railings) that poses an immediate risk of causing a collapse or injury to the public.
A. The Critical Legal Trigger and Deadlines
The instant your QEWI discovers an Unsafe condition, they are legally required to immediately notify the DOB and the building owner using the official “Notification of UNSAFE Conditions” (FISP3) form.
This filing binds the owner to two primary deadlines codified in NYC Construction Codes:
- Immediate Action: You must immediately commence repairs or reinforcement.
- 90-Day Completion: You are required to correct all unsafe conditions and bring the building into a Safe state within 90 days of the technical report filing.
Failure to meet the 90-day repair mandate results in severe, continuous penalties and requires you to submit an Extension of Time Request to the DOB.
II. The Emergency Action Playbook (The First 72 Hours)
When faced with an Unsafe designation, decisive and compliant action is paramount. Here is your emergency playbook for stabilizing the situation and preparing for the 90-day repair window.
A. Implement Immediate Public Protection (The Sidewalk Shed Mandate)
Public safety is the first priority of the DOB. The QEWI’s report must recommend the type and location of public protection. Acceptable forms include:
- Sidewalk Sheds
- Fences
- Structural Netting
Action: Contact a licensed structural firm specializing in sidewalk shed installation Local Law 11 immediately. Any delay in installing these protective measures is a direct violation, heightening your liability and risking immediate DOB enforcement action and fines.
B. Engage Your Specialized NYC Façade Contractor
While the QEWI identifies the problem, only a licensed contractor can execute the complex structural repair work necessary to reclassify the façade as Safe. This is where deep expertise in emergency façade repair NYC is critical.
- Action: Secure a firm capable of rapid mobilization to assess the QEWI’s findings, develop the repair scope, and secure the necessary work permits. Their contract must explicitly reference compliance with the FISP 90-day repair mandate.
- Permitting Check: Your contractor and/or Registered Design Professional must submit all construction documents and plans to the Department for permit approval before work begins.
C. Address Compliance Nuances: Energy Code and Asbestos
During the permitting phase, two critical compliance checks must be performed:
- NYC Energy Code (NYCECC): If your repair scope includes installing or replacing windows or other exterior wall elements, an energy analysis (such as a Tabular Analysis) is likely required to demonstrate compliance with the current NYC Energy Code. Even buildings designated in NYC Landmarks Preservation Commission (LPC) Districts are not exempt from the NYCECC.
- Asbestos Investigation: An asbestos investigation must be performed on-site if any Asbestos Containing Material (ACM) will be removed or disturbed during the repair process.
III. The Finish Line: Certification and Final Filing
The physical repair work is the race, but the paperwork is the finish line. Failure to execute the final steps correctly means the DOB considers the condition unresolved, leaving you open to continued penalties.
A. The Amended Report and the Two-Week Deadline
Once all Unsafe conditions have been corrected, your QEWI must perform a final inspection to certify that the work successfully addressed the violations. This must be followed by the building owner submitting an Amended Report via DOB NOW: Safety.
This final filing is the official notification to the DOB that the building is now Safe, resolving the crisis.
- Critical Deadline: The Amended Report must be filed within two weeks of the completion of the Unsafe condition correction.
B. Post-Permit Obligations
Ensure all required permits are posted in a conspicuous place at the work site for the duration of the work. If your project required commissioning, ensure a qualified agent performs the work and files the report with the DOB prior to final sign-off.
Don’t let a safety issue become a financial disaster. Contact CHK Construction’s compliance experts immediately to discuss rapid mobilization and a compliant solution for your NYC Local Law 11 Unsafe condition.
