SWARMP vs. Unsafe — Understanding FISP Filing Conditions

Every façade report filed under NYC’s Façade Inspection Safety Program (FISP) places the building in one of three categories: Safe, SWARMP, or Unsafe. The category drives what the owner must do next, and how soon.

FISP is governed by Article 302 of Title 28 of the Administrative Code and the Department of Buildings’ rule at 1 RCNY §103-04. A Qualified Exterior Wall Inspector (QEWI) examines the exterior walls and appurtenances and classifies the building based on the worst condition found.

Safe

The rule defines a safe condition as one “not requiring repair or maintenance to sustain the structural integrity of the exterior of the building” that “will not become unsafe during the next five years.” If a building has no unsafe and no SWARMP conditions, it is classified as Safe for that filing cycle.

SWARMP — Safe With a Repair and Maintenance Program

A SWARMP condition is one that is “safe at the time of inspection, but requires repairs or maintenance during the next five years, but not less than one year, in order to prevent its deterioration into an unsafe condition.”

• The QEWI’s report must give a specific date (MM/DD/YYYY) by which the work must be performed to keep the condition from becoming unsafe. Time frames of less than one year, “ASAP,” or “immediately” are not accepted.
• The owner is responsible for making sure the SWARMP conditions are corrected within the time frame recommended by the QEWI, and that they are not left to deteriorate into unsafe conditions.
• If the owner needs a different time frame, the owner must notify the Department, and a subsequent report with supporting documentation from the QEWI is required.
• The same condition at the same location cannot be reported as SWARMP in two consecutive filing cycles. If a SWARMP condition from the previous cycle has not been corrected at the next inspection, it must be reported as Unsafe, and the owner may face a civil penalty.

Unsafe

An unsafe condition is one “that is hazardous to persons or property.” Any condition reported as SWARMP in a previous report that has not been corrected at the time of the current inspection must also be reported as unsafe.

• On discovering an unsafe condition, the QEWI must immediately notify the Department and the building owner, identify the location, advise the owner on protective measures, and recommend the type and location of public protection.
• Once an unsafe report is filed, the owner, agent, or person in charge must immediately commence repairs and take appropriate measures, such as sidewalk sheds, fences, and safety netting, to secure the safety of the public.
• Unsafe conditions must be corrected within 90 days of submission of the report. If the scope of repairs makes that impossible, the QEWI recommends a time frame, and extensions may be available on application to the Department.

How conditions are determined

The QEWI designs an inspection program specific to the building, based on its construction, the age of its materials, its exposure, and its maintenance history. The rule requires physical (close-up) examinations from a scaffold or other observation platform at intervals of not more than 60 feet along each façade fronting a public right-of-way. The QEWI must also order any special or additional inspections and tests, including sounding procedures, needed to investigate and determine the causes of defects, and probes of cavity wall construction are required in the cycles the rule specifies. Drones, high-resolution photography, and other non-destructive methods do not replace the close-up inspection. Photographs and sketches document the location of every unsafe or SWARMP condition.

After an Unsafe filing

• The QEWI notifies the Department and the owner, and the owner secures the public with protection as described above.
• The owner completes the repairs, obtains the required permits, and gets permit sign-offs as appropriate.
• Within two weeks after repairs are completed, the QEWI must inspect the premises and promptly file an amended report stating the building’s revised status, with the filing fee specified by the Department. An amended report certifies that the unsafe conditions have been repaired and that no unsafe conditions exist at the building.
• Sheds and other protective measures must remain in place until the amended report is accepted. The QEWI may request permission to remove a shed by submitting a signed and sealed statement; permission is granted at the Commissioner’s sole discretion.

How SAS helps

Saghari Architectural Services’ QEWIs work with owners and managing agents to classify conditions accurately, to define a repair scope that addresses what is needed without unnecessary work, and to prepare the follow-up filing once repairs are complete.

This article is general information, not legal or engineering advice. Requirements are set by the Department of Buildings and may change; refer to the current text of 1 RCNY §103-04 and consult a QEWI about your building.