FISP / Local Law 11 — the facade inspection that protects pedestrians

The Facade Inspection Safety Program (FISP), codified in Local Law 11 of 1998, requires every NYC building taller than 6 stories to have its exterior walls inspected from a scaffold drop every 5 years. The program has saved lives. It's also the most reliable source of avoidable penalties in NYC building ownership.

The 5-year cycle

NYC is divided into 3 sub-cycles (A, B, C), each running 5 years. Your building's sub-cycle is determined by the last digit of its BIN and never changes. Within each 5-year cycle, you have a 2-year filing window during which the QEWI inspection and TR6 report must be filed.

• Sub-cycle A: BIN ends in 0, 1, 2 — filing window 2025–2026.
• Sub-cycle B: BIN ends in 3, 4, 5, 6 — filing window 2026–2027.
• Sub-cycle C: BIN ends in 7, 8, 9 — filing window 2027–2028.

The QEWI typically schedules inspections about 6 months before the deadline — that allows time for the scaffold drop, the report drafting, and any necessary follow-up.

Who can do this work

Only a Qualified Exterior Wall Inspector (QEWI) — a NY-licensed Professional Engineer or Registered Architect who has met DOB's additional FISP qualification standards. There are roughly 300–400 active QEWIs in NYC at any given time. Many specialize in FISP exclusively; a handful of large firms handle thousands of buildings.

What the inspection looks like

1. Initial walk-down (from sidewalk + roof)

   QEWI reviews the facade from the sidewalk and the roof, identifies areas that warrant close-up examination, and plans the scaffold drop locations.

2. Scaffold drop

   A suspended scaffold (or rope-access for smaller buildings) drops one or more elevations so the QEWI can physically touch the masonry, brick, terra cotta, and joints. This is the part LL11 added in 1998 — Local Law 10 of 1980 only required visual inspection.

3. Probe sampling

   Removal of one or more bricks or stones to check the condition of mortar, ties, and concealed substrate. Probes are restored afterwards.

4. Classification

   QEWI classifies each elevation as one of three categories:
   Safe: No action needed for 5 years.
   SWARMP (Safe With a Repair And Maintenance Program):
   Defects exist but can wait until the next cycle. Specific repairs documented.
   Unsafe: Immediate hazard. Requires sidewalk shed and immediate repair.

5. TR6 filing

   QEWI files the technical report (TR6) electronically via DOB NOW. The report becomes the legal record.

The Unsafe classification — what it means

Once cited Unsafe, three things happen automatically:

• Sidewalk shed required immediately. Rental runs $3,000–$10,000/month depending on length and complexity. Up until repairs are complete + re-classified Safe.
• Insurance carriers notified. Most carriers cap or exclude coverage on Unsafe-classed buildings. Premiums spike.
• Lender notification. If you have an active mortgage, the lender's casualty insurance rider may require notification within 30 days.

What it costs

A typical FISP inspection on a 6-12 story mid-size NYC building:

• QEWI fees: $6,000–$15,000 for the inspection + report.
• Scaffold drop: $5,000–$15,000 depending on # of drops and height.
• Probes + restoration: $1,000–$3,000.
• Total: $12,000–$33,000 per 5-year cycle.

Repairs found Unsafe or SWARMP are separate — often $50k–$500k+ for a typical building's accumulated facade work.

Penalties for non-compliance

• Late filing: $1,000 base + $250/month accruing until filed.
• Failure to remove SWARMP conditions: Re-classified Unsafe; sidewalk shed required.
• Failure to install required sidewalk shed: $1,000/day + DOB enforcement referral.
• Repeat cycle violations: Stack on top of each other. Buildings with 3+ unfiled cycles face $20,000+ in accrued penalty before any repair work even begins.

Picking a QEWI

The QEWI industry varies widely in quality. Picking the right one:

• NY PE or RA license + FISP qualification on file with DOB.
• Insurance: professional liability + general liability + workers' comp.
• Portfolio experience: ask for a sample TR6 from a similar building.
• Repair-cost estimates: most QEWIs don't bid the repairs they identify (independence matters). A QEWI who also wants the repair contract has a conflict.
• Filing track record: confirm they file via DOB NOW directly (some still use paper-form workarounds that delay closure).