CAUSE OF RAILING FAILURES

RAILING FAILURES AND NEW YORK CITY FAÇADE INSPECTIONS UNDER FISP (LOCAL LAW 11)

Rusted base of the balcony railing post

FISP (Local Law 11/98) Requirements

New York City’s “Facade Inspection Safety Program” (FISP), also known as Local Law 11/98, requires that owners of buildings exceeding six stories in height inspect their exterior walls and appurtenances (such as balconies and guardrail systems) at an interval of every five years in order to assure that all aspects of the façade are in a safe condition. The NYC Department of Buildings (DOB) requires that the owner retain the consulting services of a Qualified Exterior Wall Inspector (QEWI), who provides the client with a comprehensive evaluation of the building facade by conducting visual inspections of the exterior of a building to determine whether the exterior walls and its appurtenances are either Safe, Unsafe, or Safe With A Repair and Maintenance Program (SWARMP) and whether they require remedial work. It is important to note that the QEWI (such as a professional engineer) is only responsible for noting visual deficiencies in the building façade - Local Law inspections do not involve any invasive or physical testing to confirm the structural stability and/or proper installation of an appurtenance, and merely note the perceived proper attachment of appurtenances to the building façade.

Railing Failures

In response to recent balcony accidents, New York City adopted new regulations for Local Law 11 inspection and filing. What many building owners might not realize is that they are at risk of incurring penalties – even if their last report was filed and accepted on time.

In 2010, New York City building officials undertook widespread evaluation of balcony safety after a man fell to his death when his balcony railing gave way. Inspection teams visited over 500 buildings and closed balcony access at many, focusing primarily on structures for which the owners had not filed required facade safety reports. The Facade Inspection Safety Program (FISP), commonly called “Local Law 11” after the 1998 ordinance, is intended to prevent such casualties, and the City Council launched a campaign to strengthen and better enforce the law.Then, last summer, a woman died after falling from the balcony of a 17^th-story apartment. The railing outside the woman’s condo was not up to code, and had been installed without welded rivets, which popped out when she leaned against it. Railings, which are usually aluminum or steel, can deteriorate with time, so it is important to check for signs of rusting. You can also test the strength of railings and making sure balcony railings are properly secured against upward movement.

The broken balcony railing from last August’s deadly accident

The NYC Council then immediately voted to amend the FISP to specifically require railing assessment for balcony, terraces, roofs and even some fire escapes as part of the mandated facade inspections. Rather than wait to implement the change until the next filing cycle begins in 2015, the amended rule requires that owners re-inspect balconies and file a statement in the form of a letter indicating that the handrail and guard assemblies have been inspected and they have been found to comply with SAFE, UNSAFE or Safe with a Repair and Maintenance Program (SWARMP) status. The FISP Unit requirement for the letter statement regarding the Guards and Handrails and in particular balcony inspections applies to Cycle 7. Cycle 7 FISP inspections close out on Feb 20th 2015. The Guard and Handrail letter statements are to be submitted no later than February 2, 2015. Letter statements are to be signed/sealed by the inspecting engineer or architect and signed by the owner or owner’s representative.

Typical facade inspection in NYC

After Feb 21st, 2015, Cycle 8 commences and the inspection requirements will be incorporated into the FISP Cycle 8 report. Per the intent of Rule §103-04, structural soundness of handrails and guards must be given a status of Safe, SWARMP, or Unsafe. Code compliance can be stated for handrails and guards. If handrail and guard assemblies were non-compliant at the time of original construction, the condition remains non-compliant per code upon which building was erected (as opposed to subsequent codes and current codes). Note that unless substantially altered, code compliance is to comply with the 2008 Administrative Code provisions that permits the lawful use of existing buildings based on the codes under which the buildings were constructed.

New York City Building Code requires that railings and parapets around stairwells, balconies, areaways, roofs, and other railings in similar locations shall be designed to resist the simultaneous application of a lateral force of fifty (50) pounds per linear foot (plf) and a vertical load of fifty (50) plf, both applied to the top of the railing.

Metropolitan’s Inspections

After a brutal winter, it is important to perform a thorough inspection of the railings. Snow, freezing rain and ice can severely deteriorate the surface of concrete balconies and terraces. Water infiltration through the concrete decks can cause rust accumulation on the steel reinforcement within the concrete. Rust jacking will then cause cracks and spalls in the concrete particularly where insufficient cover exists. This causes significant concern at the balcony edges where the concrete is exposed on three sides and the potential for an unsafe condition from falling concrete is greatest. If this condition is identified early moderate repairs including installation of a new deck coating can prevent significant structural repairs down the road.

Balcony railings may have become loose or unstable over the winter due to deteriorated concrete around the railing posts and\or failure of the railing post anchors. The tragic death of Connor Donohue, this time last year, is a severe example of the risks associated with loose or damaged railings.

We recommend that all property owners and managers inspect all balconies and terraces as soon as possible. A visual inspection of the balcony surfaces and railing connections should be performed as well as physically checking the railings for stability. Additionally all residents with balconies and terraces should be asked to inspect the same and report any deficiencies immediately.

Based on our inspections of the railings, we found areas that had quite a bit of rust and were easily shaken. If there are problems found with balconies during the inspection, the cost to fix it will vary. Repairs could be as simple as replacing screws or as complicated as replacing masonry or new posts and railings. A common area for problems is the "pitch pocket," the area in which the railing meets the deck, where water often sits, corroding the metal post. See an example figure below.

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