As a property owner, it is crucial to understand an owner’s responsibility to maintain their buildings. Even more so, it’s important to know if your building is part of the Façade Inspection and Safety Program (FISP), also known as Rule 103-04 of the City of New York and formerly known as Local Law 11 of 1998 (LL 11/98). Many buildings are not on the New York City Department of Buildings’ (DOB) radar, as some owners believe they do not fall under the scrutiny of FISP due to an incorrect Certificate of Occupancy.

Did you know that whether an inspection is required for a building is determined by its actual stories in height, rather than the number of stories in height listed on its Certificate of Occupancy? In some cases, the Certificate of Occupancy may list a building’s number of stories incorrectly. This is particularly prevalent in buildings located in Queens and Brooklyn.

From our experience, the DOB treats building owners as being proactive when they self-report and willingly enter their building into FISP, which can help avoid past failure-to-file violations. On the other hand, if the DOB notices that a building does not have any FISP reports on file, they may cite the building with violations retroactively.

We recently connected with a representative of the New York City DOB, and they encouraged owners to add themselves proactively to the FISP database if they believe their building falls within the requirements. If the DOB has to identify buildings that meet the requirements of FISP but aren’t registered, they will add the buildings, dated as far back as possible, and impose the applicable civil penalties.

If you are unsure whether your building qualifies, please do not hesitate to reach out for assistance.