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Urban D.C. Inc.

Vol. 04

Issue 04

 

THINGS YOU NEED TO KNOW ABOUT

LOCAL LAW   11/98

 

 

WHAT IS LOCAL LAW 11/98?

 

Local Law 11/98 is the updated version of Local Law 10/80, which was enacted as a precautionary measure to protect the public from falling building façade materials. A byproduct of this law is the preservation of landmark properties and the maintenance of New York City’s architecture.

 

MUST I COMPLY?

 

If you are an owner of a building (or buildings) six stories in height or greater, in the five boroughs of New York City, you must comply with Local Law 11/98. Remember that basement or a cellar that is one-half above grade level is considered a floor.

 

The law makes no distinction of a building regarding:

 

• Its age

 

• Whether it is commercial, industrial, residential (condo or co-op)

 

• Its construction material (stone, brick, glass, steel or cast iron)  

 

WHAT CHANGES HAVE BEEN MADE TO LOCAL LAW 11/98?

 

• There has been an expansion in the number of walls and facades which must be inspected, such as side, rear and courtyard walls. An exception is made for walls which are less than 12 inches from an adjacent wall. An increase in the cost of the inspection will occur as a result of this change.

 

• The former method of inspection by high powered binoculars, has been expanded to include close visual observation from a scaffold, platform or rig. An increase in the cost of the inspection will occur as a result of this change.

 

• The method of filing a report which previously required a signature by the consultant only, been has been expanded to include a signature by the property owner as well. The property owner’s signature verifies that he/she has reviewed the report and understands the repair and/or maintenance that a building must undergo.) An increase in the property owner’s liability will occur as a result of this change.

 

• The classification of “Safe with a repair and maintenance program specified” is no longer a substitute, as it formerly had been for, 5-year interval inspections.

*Consult a local law professional for a more detailed description of these and other important changes to local law 11/98.

Forward to Classifications

 

 

WHEN MUST I COMPLY?

 

A property owner must comply every (5) five years with each new cycle. The inspection must be performed by a licensed professional engineer or registered architect. The upcoming cycle officially begins on February 21, 2005.  Deadline for compliance is February 21, 2007.

 

There are different filing time frames (with delay penalties) provided for building walls which were not previously inspected under the provisions of Local Law 10/80, however, all filing is required to be done in a timely fashion. Your consultant will be able to ascertain the different filing time frames and delay penalties for inspection of walls which were not previously inspected.

 

Time extensions can be obtained from the DOB in order to repair unsafe conditions. Properly submitted paperwork is required with necessary documentation. An amended report must be filed when the repairs are completed.  In some cases monetary fines can be paid in order to dismiss the violation. Your consultant will be able to determine if a fine can be paid for your building’s violations.

 

 

WHAT HAPPENS IF I DON’T COMPLY?

 

If the property owner (or his representative) fails to comply with Local Law 11/98 in a timely fashion, violations and fines with court appearances will be issued.  If the property has unsafe conditions, additional violations and fees will be assessed including possible criminal charges.

 

Violations will be issued for the following reasons:

 

Ø    Failing to file an inspection report

Ø    Building has unsafe conditions

Ø    Failure to correct unsafe conditions.

 

WHERE DO I BEGIN?

 

HIRE A CONSULTANT

The updated law requires that the consultant have a high level of experience in assessing exterior restoration including, but not limited to masonry, terra cotta, stone, limestone, lintels, cornices, parapets, and building fenestrations.

 

Property owners would benefit from having a consultant determine the extent of the inspection, written report, and filing requirements as well as any emergency situations which would require a sidewalk bridge (based on a review the building’s certificate of occupancy, and prior local law reports.)

 

Here is a checklist of some very important points to consider when hiring a Local Law11/98 consultant:

 

q      Licensed Professional Engineer or Registered Architect, NYS?

 

q      Highly experienced in both Local Law 10/80 and Local Law 11/98?

 

q      Extensive knowledge of restoration (repair) and exterior construction, as well a structural deterioration?

 

q      An understanding of the legal and technical requirements of Local Law 11/98?

 

q      Abililty to produce the sketches and photographs required for the inspection report?

 

q      Experienced in filing reports with the DOB?

 

q      Proficient in writing specifications for any repair work required for unsafe conditions?

 

q      Experience in monitoring any necessary remedial or repair work to eliminate an unsafe condition?

 

q      Knowledge of and sensitivity to the constraints imposed on Landmark and Nation Register structures?

 

q      Client reference list of Local Law 10/80 and 11/98 property owners?

 

The consultant’s duties should include:

 

1. The execution of the on-site inspections
2. The written Local Law 11/98 Inspection Report
3. The filing with the DOB

 

The following is an overview of each duty:

 

“The execution of the on-site inspections”

 

Obtaining any previously inspected Local Law reports for the building.  (These reports will give the consultant the background information necessary to understand the history of the building.)

 

Discussion with the property owner regarding what repair work has been done including any possible water penetration issues and the building’s maintenance program, if any.

 

Examination of the building’s façade with high-powered binoculars and a camera with a telephoto lens in order to document the building’s façade.

 

Scheduling of a “drop” (rigging or scaffolding) of a representative area of the building for close examination. The consultant may require access to neighboring rooftops as well.

 

Note:It is the property owner’s duty to help the consultant access the building façade in order to provide a comprehensive and timely report.

 

“The written Local Law 11/98 Inspection Report”

 

When the inspection is complete, a written report must be made by the person responsible for the inspection and filed with the New York City Department of Buildings (DOB) in the borough in which the property is located. An experienced consultant will be knowledgeable at writing Local Law 11/98 reports.

 

Both property owner and consultant must review and sign the report before submission.

 

“The filing with the DOB”

 

A report must be properly prepared with all the required information. After both parties have signed the report the consultant will seal and file it. Reports will be microfilmed in duplicate and filed in triplicate at the DOB in the applicable borough. The DOB will keep one copy of the microfilm and two copies of the report. 

 

The remaining copies of both microfilm and written report will be returned to the consultant who filed the report. It will be stamped that it had been received by the DOB.  An additional copy should then be made of the report and sent to the property owner.

 

Note: A registered expeditor, approved by the DOB, can also file the written report.

 

The report will classify the building and will be filed in one of the following three ways:

 

1. Safe
2. Unsafe
3. Safe with a repair and maintenance program specified*

*A change has been made to this classification, refer to section on changes to Local Law 11/98 for details.

 

The following is an overview of each classification:

 

“Safe”

The building is in proper repair and does not have any violations.

 

“Unsafe”

If the consultant determines that an urgent situation exists, he must immediately notify in writing, both the property owner and the DOB. This will immediately trigger a violation from the DOB and a representative from the DOB may inspect the unsafe condition within 24 hours of the notification. (This is another change from Local Law 10/80.)  A sidewalk bridge must be immediately installed under the unsafe condition area of the building.  Repairs are to be executed and completed within 30 days and the amended report must be filed within 2 weeks of the completed repair work.

 

Unsafe conditions may include but are not limited to:

 

·      bulging masonry

·      loose brick and stonework

·      leaning parapet walls and cornices

·      cracking terra cotta

 

Note: A consultant’s failure to report unsafe conditions to the building owner increases the buiding owner's liability.  If the unsafe condition is not removed, and the condition continues to worsen, there is an increased possibility of building elements falling from the façade.

 

“Safe with a repair and maintenance program specified”

Local Law 11/98 requires that conditions that need remedial work, but are not considered to be unsafe, will be classified as “safe with a repair and maintenance program specified”. This classification requires that the owner (or the owner’s representative) correct certain conditions before the next Local Law cycle. If the corrections are not made before the next Local Law cycle, they will be deemed “unsafe” in the succeeding cycle. 

 

 

DOB REVIEW OF THE REPORT

 

The DOB carefully reviews each report to make sure that the building owner’s consultant has followed the correct procedures required by Local Law 11/98. Once the report is stamped, approved and initialed, one copy will be sent back to the property owner or consultant.This copy should be kept in a safe place for future verification of filing. If the report is rejected, it must be corrected and re-filed.  The re-filing of the report must fall within the deadline of Local Law 11/98.

 

A filing form will be included in the Local Law 11/98 inspection report submission. It will require important, additional information about the building and the inspection.  It will state the building’s condition as “safe,” “safe with a report and maintenance program specified” or “unsafe.” The form is named:

 

APPENDIX B Technical Report

Periodic Inspection of

Exterior Walls and Appurtenances.

February 21, 2005 to February 21, 2007

 

IN CONCLUSION

 

Complying with Local Law 11/98 appears daunting, but if you refer to the outlined procedures, they may assist you in protecting the longevity of your building – “your piece of the rock.”   

                                               

Please be advised this article was prepared for the purpose of unraveling the complexities of Local Law 11/98 and for the purpose of outlining the process. It is only a summary and should not be considered comprehensive.

 

We strongly advise you consult with a local law professional for additional guidance and protection for you and your property.

 

Go to the City of New York web site for more detailed information on Local Law 11/98.

 

http://www.nyc.gov/html/dob/home.html

 

If additional information or help with an inspection, maintenance program, repair or restoration is required, please email or call Urban D.C. Inc. at (718) 599-4000. 

 

Good Luck

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