Procedure for LL 11/98 Unsafe Conditions Notification
To establish a protocol for the Department of Buildings’ response when Professional Engineers or Registered Architects (PE/RA) submit a Notification of an Unsafe Condition (DOB form # LL8) to the Borough Commissioner Office prior to filing a LL 11/98 Report. This notification is based on observation of a hazardous or unsafe façade condition when the Professional (PE/RA) is conducting a critical examination of exterior walls and appurtenances of buildings greater than six stories in height pursuant to Local Law 11 of 1998.
Section 27-129 of the NYC Administrative Code (Code) as amended by Local Law 11/98 and Department Rule 1 RCNY §32-03, dated 1/13/99. Specifically, Code Section 27-129 (b) and 1 Rule §32-03 (b)(2)(vii) and (b)(5) describe Notification Requirements for PE/RA to immediately report Unsafe Conditions of exterior walls and appurtenances and Code Section 27-129 (d) and Rule 1RCNY §32-03 (b)(5) describe necessary repairs of Unsafe conditions.
Owner’s PE/RA must submit written Notification of an Unsafe Condition (DOB form # LL-8) to the Borough Commissioner and the Owner immediately upon discovering the hazardous defects on the exterior walls. Notification may be by fax, express delivery or hand delivered letter.
The Owner shall immediately commence repairs or stabilization and “shall undertake such measures as may be required to secure public safety ” as per Section 27-129 (d) Necessary Repairs.
The Borough Commissioner’s Office shall review the Notification of Unsafe Conditions. The Borough Office shall route an Inspector to the location within one and one-half (1.5) days after receiving ‘Notification’ to perform an initial inspection (similar to DOB policy for answering ‘A’ complaints).
The Department of Buildings Inspector shall verify the extent of hazardous conditions and determine if adequate safeguards have been provided (i.e. protective fence, shed, safety netting or other appropriate measures) and if repairs are in progress.
If adequate safeguards are provided or repairs are in progress, the Inspector will write a Special Report describing the site conditions at the time of inspection.
If no safeguards are in place, the Inspector shall issue a DOB violation for “failure to maintain” as per Code Section 27-127 and/or a DOB violation for “no shed / public protection” as per code Section 27-1021. The Inspector may also take appropriate actions with emergency response agencies if necessary.
Upon completion of the inspection and service of any violations, the Borough Commissioner / Inspection Manager will forward copies of the Inspection Report, any violations and the Notification of Unsafe Conditions to the Façade/LLEU units for filing.
The Façade Inspector should conduct a follow-up inspection ten (10) days later (after issuing to DOB) and if the conditions have not been repaired and there are still no safeguards, the Inspector shall issue ECB violations for “failure to maintain … ” (category No. BR5) and for ”no shed / public protection … “ (category No. B2W).