How does New York City's facade inspection law affect apartment insurance?
NYC Local Law 11 (now FISP) requires facade inspections every five years for buildings over six stories, and the resulting repairs create insurance implications for property, liability, and builders risk coverage.
New York City's Facade Inspection and Safety Program (FISP), formerly known as Local Law 11 of 1998, requires owners of buildings greater than six stories to have their exterior walls and appurtenances inspected by a licensed professional every five years, per NYC Administrative Code Section 28-302.1. The inspection results classify facades as Safe, Safe with a Repair and Maintenance Program (SWARMP), or Unsafe. Unsafe conditions must be repaired within 90 days, and SWARMP conditions must be addressed during the inspection cycle.
The insurance implications are significant. If a facade inspection reveals an Unsafe condition and the owner delays repairs, a subsequent facade failure causing injury or property damage could lead to a negligence claim where the inspection report itself serves as evidence that the owner knew of the hazard. General liability insurers may scrutinize FISP compliance history when underwriting buildings, and some may exclude or sub-limit facade-related claims for buildings with outstanding Unsafe findings.
Facade repair projects may also trigger builders risk or installation floater requirements, especially for scaffold-intensive restorations. The liability exposure from sidewalk scaffolding (required under NYC Building Code Section 3307.6 during facade work) further increases the general liability and umbrella exposure during the repair period. Apartment owners in NYC should ensure their broker reviews the FISP filing status at each insurance renewal and confirms that the coverage program accounts for any active or planned facade remediation work.