By Sarah Barber Fisp1
June 28th, 2022
A FISP1 is a formal request to the New York City Department of Buildings (NYC DOB) for an extension of time to complete repairs and address the identified UNSAFE conditions. By filing a FISP1 extension request, an Owner is asserting that the UNSAFE conditions will be addressed; however, they will require more than 90 days to complete the repairs as stipulated in 1 RCNY §103-04 Chapter 100, Subchapter C (c) (5). By approving the FISP1 request, the DOB recognizes that the Owner is making reasonable efforts to correct the UNSAFE conditions and temporarily suspends the issuance of additional ECB violations and the accrual of fines against the building ($1,000.00 per month, plus additional fines assessed per linear foot, increasing each year -). The fee schedule for failure to correct UNSAFE conditions is outlined in 1 RCNY §103-04 Chapter 100, Subchapter C (d) (3).
Per the DOB NOW Safety Manual, in order to file a FISP1, an owner must retain the services of a Qualified Exterior Wall Inspector (QEWI), such as a New York State Licensed Professional Engineer or Architect, to prepare and submit the necessary documentation. The retained QEWI is responsible for evaluating the safety of the premises and documenting the condition of the building and protective measures, including any installed sidewalk sheds or construction fencing.
The creation of an initial FISP1 extension request will generate a compliance filing number in DOB NOW: Safety based on the property’s control number, filing cycle, and extension sequence number (e.g. Filing # F1-123456-9A-001).
A complete FISP1 filing must include a signed and sealed statement from the QEWI describing the protective measures undertaken by the Owner and the estimated timeline to complete the repairs. This statement must also include an assessment of the scope of work and any required permits. In addition, the Owner is required to sign and submit a notarized letter stating that they are moving forward with the work and that it will be completed within the timeframe identified by the Engineer or Architect. A QEWI must submit adequate documentation proving that the Owner not only intends to address the identified conditions but is actively making progress with the repairs. New requirements also include submitting a copy of the previous FISP report filing and cited conditions, as well as a copy of the design documents and the proposed scope of work to remedy the UNSAFE conditions.
The DOB currently requires a filing fee of $305.00 to process a FISP1 extension request, unless an owner/entity is tax-exempt, in which case the filing fee is waived. In addition, the Owner must be registered in the DOB NOW system in order to review and sign the FISP1 extension request prior to submission. A registered Owner’s Representative may also sign; although the DOB discourages signature by anyone other than the legal Owner due to liability. By signing, an Owner acknowledges that all SWARMP items noted in the previous cycle FISP report have been corrected, unless specifically identified as administratively unsafe conditions, as per administrative code article 302 (NYC Construction Codes §28-302.1).
Extensions are often granted for a period of 90 days but can be specified for a shorter duration at the discretion of the DOB Commissioner. For example, a FISP1 extension may be granted for as few as 30 days if the sidewalk shed permit is set to expire before the 90-day period. When a FISP1 is nearing its expiration, the QEWI may prepare and submit an Additional Extension Request (FISP2) in order to prevent the issuance of further ECB violations and to halt the accrual of fines against the building. Subsequent FISP2 extension requests may be filed until the repairs are completed or until the Owner ceases to address the UNSAFE condition(s).
Upon completion of the UNSAFE repairs, the QEWI retained by the Owner must inspect the building and promptly file an amended FISP report (within two weeks). Sheds and other protective measures must remain in place until the amended report is accepted by the DOB; however, the QEWI may request shed removal, which is granted at the discretion of the Commissioner. Once the amended report has been approved by the DOB, no further FISP extensions are required.
