Facade Inspection

Facade Inspection Legislation

Legislation of interest to BOMA Philadelphia and its members was addressed by the Philadelphia City Council this fall.  Introduced on September 17, 2009, by Councilmembers Kenney and DiCicco, Bill No. 090568 requires the periodic inspection of the exterior walls and appurtenances of certain buildings within the city.

The impetus for the ordinance involved several high profile incidents of crumbling facades – primarily older building stock, not necessarily high rise buildings.  While BOMA Philadelphia applauds the Councilmembers’ concern with public safety, the bill as initially introduced was considered flawed by: (1) allowing many buildings which gave rise to the ordinance to escape the compliance requirement (detection and remediation); (2) an aggressive timetable which mandated compliance within a 12 month period; (3) the means and methods for testing were too limiting and rigid, not allowing for other least costly alternatives (such as boatswain chairs); (4) there was no vehicle or waiver for building owners which recently invested significant sums restoring their facades; and (5) the draft ordinance did not contain a formal appeal process in the event of an overzealous consultant designates a building façade as “Unsafe” or proposes an overly aggressive remedial action; and last, but not least (6) containing a condensed time frame for remedial action in the event an “Unsafe” designation was given.

BOMA’s initial attempts were to have the ordinance eliminated, citing a number of arguments, including logic, reasonableness, and flaws associated with other major cities which have similar ordinances (e.g., New York, Boston, and Chicago).  The BOMA Codes and Legislative team assigned to this bill coordinated input from other BOMA locals around the country, as well as from other professionals.  When it became apparent that City Council was going to stand on the “safety” merits, however, the team then began attempts to minimize the impact of the bill to BOMA members. To that end, we believe that the final bill satisfied city council’s objectives while mitigating the impact of the initial draft.

Who will be impacted?

All buildings which are 6 or more stories in height; any building with appurtenances which are in excess of 60 feet in height; and last, but not least, any building other than one and two-family dwellings in excess of two stories in height which are in an area still to be determined by City Council.

What do I need to do to comply?

Every five (5) years, all building owners which are impacted by this legislation (defined above), will need to retain the services of a “Professional” identified as (1) a PA licensed Professional Engineer,  or (2) licensed Registered Architect knowledgeable in the design, construction and inspection of building facades to perform an inspection of the building’s façade and/or curtain wall system.  The Professional will, as part of the inspection process, be required to generate a comprehensive report (details can be found in the ordinance), which is to be maintained by the property owner or its agent, and a summary of the findings is required to be submitted to the City’s Department of Licenses and Inspections.

The inspection by the Professional is to be a physical “hands-on” inspection of the façade, which is to be a “representative sample.”  Under the ordinance, the Professional is to determine what constitutes a representative sample, but it shall not be less than one physical inspection along the path of grade to top of wall on each street front, comprising 25% of the elevation.

The Professional is then required to identify each building as being: (1) Safe; (2) Safe with a Repair and Maintenance Program; or (3) Unsafe.  Each of the Unsafe and Safe with a Repair and Maintenance Program designations have certain requirements, and each BOMA member should understand the requirements of each.  It should be noted that if a Professional encounters an Unsafe condition at any point during the inspection, he/she has to immediately report the condition to City and Owner.  Additionally, the Owner is required to quickly protect the public safety (action within 24 hours) with bridging or some other approved method of sidewalk protection.

As part of the legislative vetting, BOMA insisted upon the incorporation of a formal appeals process. This comes into play in the event an Owner disagrees with the findings or remedial recommendations of the initial Professional.  So long as the site (or the public) has been made safe, an owner has the ability to engage a second Professional for a peer review process.  However, when using this informal peer review, it should be noted that it is incumbent upon the original Professional to submit a revised report and/or recommendations.   In the event of a dispute between the respective Professionals, an Owner can file an appeal with the Board of Building Standards for review and consideration within 30 days of the original report.

When do I have to have my certification completed?

Initially the ordinance had a requirement that all buildings had to have their certification completed by January 1, 2011.  BOMA saw this as an unreasonable requirement, given the number of buildings involved.  Working with key BOMA members, an alternate schedule was developed for compliance, which was based on the age of the building.  The following represents the current timetable for certification:

Additionally, there are provisions that if all facades of a building have been substantially restored during the immediately preceding 5 year period, an owner can petition L&I for a waiver for the then current cycle.

Are there any fees as part of the compliance?

In addition to the costs for the physical inspection, there is a potential fee not to exceed $100.  This fee would be paid at the time the Professional submits the summary of the written report. The legislation was signed by Mayor Nutter on February 17, 2010.

Download 2010 Facade Inspection Presentation