What is LL11/98?

In 1980, the New York City Council enacted a law (LL10/80), which required a licensed Engineer/Architect to inspect the building facades facing pedestrian walkways and document all conditions that may cause harm to the building's patrons or the public. The conditions were documented in one of three categories:

• Safe
• Precautionary
• Unsafe.

If the Engineer/Architect deemed the conditions Unsafe, the building owners were required to remedy the condition in a timely matter. Failure to do so subjected the building owner(s) to violations by the Department Of Buildings (DOB) and fines by the Environmental Control Board (ECB). Precautionary condition items are conditions determined by the Engineer/Architect not to be unsafe but require some work before the next Local Law Cycle. Safe conditions required no repairs.
While Local Law 10/80 was highly successfully in making the property owners aware of buildings facades' deficiencies, little attention was given to the remaining facades not covered in the LL10/80. After several building façade failures and debris fell from buildings in areas not covered under LL10/80, the City enacted a new set of procedures that superseded the LL10/80; this new regulation is known as Local Law 11/98 (LL11/98).

Back to top

Are there changes to procedures and classifications for LL11/98?

Yes. These changes are:

• The Engineer/Architect is responsible to determine the extent of physical examinations required at the building
• The physical examination shall be performed by the use of hydraulic-type platforms or from swing stage scaffolding on a minimum of one drop from ground level to rooftop
• For limestone-covered façades, the entire façade is to be inspected. The remaining areas could be examined from setbacks and roofs with the use of telephoto equipment and high-powered binoculars
• A building owner can no longer evade the filing of LL 11/98 by claiming they have an ongoing maintenance program
• All buildings within New York City shall file a report within their cycle period
• The classification of Precautionary Condition will no longer be accepted; the new classification is Safe With Repair and Maintenance, which refers to any condition which in the Engineer/Architect's judgment requires remedial work and is not considered unsafe. This work shall be remedied prior to the next local law filing.

The portions of the building wall that need to be inspected have also changed. Local Law 10/80 stated that any wall greater than 25'-0" away from a public walkway did not need to be inspected. Under LL 11/98, all building walls shall be inspected if the walls are greater that seven (7) stories or six (6) stories and a basement/cellar having at least 1/2 of its floor to ceiling height above grade level adjacent to any one of it's exterior walls. There are two exceptions to the rule:

• Any wall, which is less than 12-inches from the exterior wall of an adjacent building
• Any exterior wall facing any open space having an area of less than 900sf and which is bound by exterior walls or by exterior walls and interior lot lines.
  

Back to top

When and how often do I need to file LL11/98 Reports?

Any building that received a certificate of occupancy prior to January 1, 1983 shall file a report no later than February 21, 1987, and no later than February 21 of each five year cycle thereafter. If a building that was not required to file a Local Law report erects walls greater than the indicated dimensions, or in the case of a newly erected building which is greater than seven stories, a technical report should be filed no later than five years from the date of the Certificate of Occupancy or Temporary Certificate of Occupancy, which ever is dated earlier. Subsequently, filings should be made every five year cycle therafter.
What happens if we don't file a LL11/98 report?
The Department Of Buildings (DOB) will eventually issue a violation. This violation will usually require a court appearance at the Environmental Control Board (ECB). These violations will carry fine and the fines will continue to accrue each month until an acceptable Local Law 11 report is filed. Once the report is filed, the fines must be paid and the violations will be dismissed. In addition to the fines mandated, the City has the right to impose further criminal and or civil penalties as a result of the hearing before
The Environmental Control Board (ECB).
How do I avoid getting violations?
File an acceptable report every cycle and maintain the exterior of your building.

Back to top

What do I do if I get a violation?

There are typically two types of Local Law violations:

• Failure to file a local law report. If this violation is issued, then the Owner or Managing Agent must retain an Engineer/Architectural Consultant immediately. The Engineer/Architect should, if possible, file a report with the ECB before the one-month anniversary date of the violation, in order to prevent any additional penalties. The Owner, Managing Agent or consultant can show proof that a report was filed and a penalty will be not be issued. Or the violation may have been in error and proof of an accepted Local Law Report should be presented to the court and this violation will be dismissed.
• Failure to Maintain the Exterior of the Building. This violation is more severe and carries harsher penalties. These violations are usually issued in one of two ways;
  • If a building department inspector observes the condition in the field
  • If an unsafe condition is documented in the Local Law report.

In either case, this violation requires immediate attention and several things need to be done in order for the owner to avoid stiffer penalties:

• Sidewalk bridging must be installed, repairs to unsafe conditions be completed within thirty days to the satisfaction of the Owner, Contractor and Engineer/Architectural Consultant

• An amended Local Law report must be completed and filed with the within 14-days after the consultant reviews and accepts the completed work.

• A copy of this written Local Law report showing all unsafe conditions have been completed should be brought to the ECB hearing in an effort to have fines averted. If the work cannot be completed within the Thirty-day time frame, a time extension should be submitted to the DOB with the required documentation. Typically a time extension will be granted for a maximum of 90-days. Subsequent extension requests may be subsequently filed, but each extension should include the proper paper work and will be determined on a case-specific basis.

Back to top

Who should you contact to perform your LL11/98 inspections?

1. An engineering firm experienced in the evaluation of building facades as they relate to the Local Law 11/98 inspections

2. A firm with adequate staff and knowledge of construction technologies and methods

3. A firm capable of compiling a comprehensive set of bidding documents for the repair and maintenance of your building

4. A firm experienced in filing drawings and gaining approvals with the NYC Building Department

5. A firm experienced in assisting Building Owners and Property Mangers to remove violations from the DOB files.Contact Falcon Consulting Engineers for a no cost evaluation proposal.

   Back to top