Nearly three weeks after a woman was killed by a falling piece of terra cotta from a Midtown office building, New York City building officials have announced a raft of changes that they say will lead to greater safety protections and stricter enforcement of the facade inspection process.
“In the wake of this tragedy, we are doubling-down on the proven tools at our disposal. New Yorkers should know that we are out in force holding owners feet to the fire, so they get repair work done as quickly as possible while still protecting the public,” said the Department of Buildings Commissioner Melanie La Rocca, in a press release on Monday. “With our enhanced inspection protocols and expanded staff, owners who choose to skirt their obligations will face swift consequences.”
The department announced the hiring of 12 new facade inspectors, which will double the size of the facade inspection unit. By law, all buildings taller than six stories must undergo a physical inspection. On Monday, the DOB said that property owners of such buildings can now expect "more frequent and thorough proactive inspections."
The news came on the same day that the City Council was holding a hearing on the proposed rules.
The accident at 729 Seventh Avenue earlier this month, which resulted in the death of Erica Tishman, a 60-year-old architect, immediately raised concerns about the city's ability to safeguard New Yorkers walking along the more than 14,500 buildings six stories and up, many of which have aging facades. The city's facade inspection program was created in 1980, roughly a year after Barnard student Grace Gold was killed by a fallen piece of a building owned by Columbia University.
Over the years, experts as well as the DOB have particularly raised issues with poorly maintained terra cotta facades, a common building material in New York City. Back in April, the 729 Seventh Avenue owners had been cited for a Class 1 facade violation, the most severe category. Nevertheless, the 17-story building near Times Square lacked protective scaffolding for pedestrians.
Under the new rules starting on Monday, buildings found to have an unsafe facades, or defects requiring remedial repairs, will face greater penalties as well as re-occurring follow-up inspections from the DOB to ensure that any required pedestrian safety measures are in place. Buildings with Class 1 facade violations will receive a follow-up inspection within 60 days and then again, less than 30 days afterwards. Should owners fail to comply with the required safety measures, the city will hire contractors to perform the work at their expense.
Following Tishman's death, DOB inspectors conducted a sweep of 1,331 buildings that had been identified as unsafe or requiring repair work. Of those, 220 were identified as lacking proper protection and will receive a Class 1 violation requiring them to put up protective measures.
The department said it will also begin randomly selecting 25 percent of buildings taller than six stories for periodic safety reviews. Building owners will also be required to post and maintain information about the building facade status in the lobby similar to elevator certificates.
Elected officials and the construction and real industry praised the new standards. “Public safety is paramount, which is why we support the actions of the Department of Buildings to ensure facades are properly maintained and the public is protected," said James Whelan, the president of the Real Estate Board of New York.
“Public safety is government’s highest calling, and the steps being announced by DOB today will help ensure that safety even further,” said Manhattan Borough President Gale Brewer, in the same press release “The tragic death of Erica Tishman was preventable, and while these new facade enforcement efforts cannot bring her back to life, they can help avoid another tragedy."
