How to Handle a Local Law 11 Violation (LL11/98)

LL11/98 is the violation-number code for Local Law 11 of 1998. The types page calls it facade. Owners of buildings higher than six stories must have exterior walls and appurtenances inspected every five years and must file a technical facade report. The cited provisions are Construction Codes section 28-302.1 and 1 RCNY 103-04. LL10/80 is the older facade label, Local Law 10 of 1980, borough office. It is not this code.

Read the notice

Confirm the number contains LL11/98. A no-report-filed mark, NRF or 1684NRF, can also be used when the initial facade report was not filed. Read which code is actually on your paper. An asterisk means the types page marks the item dismissed.

Older summonses say ECB. Current pages call that hearing path an OATH summons. OATH holds the hearing. OATH is not part of the Department of Buildings and does not issue the summons. A facade filing can be a DOB violation, meaning a notice of noncompliance and an order to correct, with no court appearance. If your paper is a summons, use the hearing date and any cure date printed on it.

If a class is printed, Class 1 is immediately hazardous, Class 2 is major, and Class 3 is lesser. The class is severity, not a facade condition. The code does not set it. The report itself uses three condition names: Safe, Safe With a Repair and Maintenance Program (SWARMP), or Unsafe.

What the city is requiring

A Department-approved Qualified Exterior Wall Inspector files the technical report as one of those three conditions. If the violation is failure to file, the missing initial periodic inspection report must be filed. The resolving page states $1,000 for every month an acceptable report is not filed, and $5,000 for each year after the sub-cycle window. The fees page also lists failure to file the initial report at $5,000 per year.

If the condition is unsafe, it must be repaired within 90 days of the unsafe report. If it is not, a FISP1 extension is required. Owners are liable for civil penalties starting 90 days after the initial unsafe report unless an acceptable FISP1 or FISP2 extension covers the period. An unsafe condition also has to be corrected and an acceptable amended report filed. The page does not print a dollar table for failure to correct an unsafe condition. It says to see the schedule in 1 RCNY 103-04. The fees page lists failure to correct SWARMP conditions at $2,000.

The Qualified Exterior Wall Inspector must call 311 and file FISP3 to notify the Department of an unsafe facade. Failure to file FISP3 may result in an OATH violation against the Qualified Exterior Wall Inspector. The owner still has to install the public protection the inspector recommends. It stays until an amended Safe or SWARMP report, or a Partial Shed Removal, is approved. The classification table lists removal of that public protection without Department approval as Class 2.

What S & M Expediting handles

S & M Expediting researches the LL11/98 paper and which filing it still needs. They prepare and file the certificate of correction and the related Department filings, and they follow them. When the paper is a summons, they can appear at the OATH hearing.

They are Class 2 filing representatives, never Class 1. We will work with the facade contractor you have, or if not, we will recommend one from our network. violation removal is the research and the filings.

Who does the corrective work

The Qualified Exterior Wall Inspector performs the inspection and files the technical report, the amendment, and FISP3 when those are required. A licensed contractor does the repair and installs the public protection the inspector recommends. We will work with the facade contractor you have, or if not, we will recommend one from our network.

Call us at 718-833-2333 or email info@sandmexpediting.com. Bring the notice and any Safe, SWARMP, or Unsafe report you have. S & M Expediting is a New York City certified minority- and women-owned business.