Article 301: General
§ 28-301.1 Owner's responsibilities.
All buildings and all parts thereof and all other structures shall be maintained in a safe condition. All service equipment, means of egress, materials, devices, and safeguards that are required in a building by the provisions of this code, the 1968 building code or other applicable laws or rules, or that were required by law when the building was erected, altered, or repaired, shall be maintained in good working condition. Whenever persons engaged in building operations have reason to believe in the course of such operations that any building or other structure is dangerous or unsafe, such person shall forthwith report such belief in writing to the department. The owner shall be responsible at all times to maintain the building and its facilities and all other structures regulated by this code in a safe and code-compliant manner and shall comply with the inspection and maintenance requirements of this chapter.
§ 28-301.2 Filing of reports in writing or electronically.
Reports required to be filed under this chapter shall be filed in writing or electronically as the commissioner may require.
§103-04 Periodic Inspection of Exterior Walls and Appurtenances of Buildings.
(a) Definitions. For the purposes of this section, the following terms have the following meanings.
Acceptable report. A technical examination report filed by a Qualified Exterior Wall Inspector that meets the
requirements of the Administrative Code and this rule as determined by the Department.
Amended report. A technical examination report filed by a Qualified Exterior Wall Inspector who certifies that the
unsafe conditions reported in the initial report have been repaired and that no unsafe conditions exist at the building.
Appurtenance. An exterior wall element including, but not limited to, fire escapes, exterior fixtures, ladders to
rooftops, flagpoles, signs, parapets, railings, copings, guard rails, window frames (including hardware and lites),
balcony and terrace enclosures, including greenhouses or solariums, window guards, window air conditioners,
flower boxes, satellite dishes, antennae, cell phone towers, and any equipment attached to or protruding from the
facade.
Cavity wall construction. An exterior wall system consisting of an exterior veneer with a backup wall whereby the
exterior veneer relies on a grid of metal ties to the backup wall for lateral stability. The two layers of wall are
separated by an air cavity which may or may not be filled with insulation.
Critical examination. An examination conducted to review the exterior of a building and all parts thereof to determine whether the
exterior walls (facades) and the appurtenances are either safe, unsafe, or safe with a repair and maintenance program (SWARMP)
and whether, in the judgment of a Qualified Exterior Wall Inspector, they require remedial work.
Filed report. A report shall be deemed filed with the Department when it has been received by the Department. The filed report
must be completed in accordance with the provisions of paragraph (3) of subdivision (c) of this section.
Filing window. The two-year period during which a report for a particular building may be filed without penalty.
Public right-of-way. A public street, avenue, sidewalk, roadway or any other public place or public way.
Qualified Exterior Wall Inspector (hereinafter “QEWI”). A qualified exterior wall inspector as defined in section 101-07 of
the rules of the Department.
Report filing cycle. The five-year time interval established by the Commissioner for the filing of each successive report for each
successive critical examination of every building subject to the requirements of Article 302 of Title 28 of the Administrative
Code.
Safe condition. A condition of a building wall, any appurtenances thereto or any part thereof not requiring repair or maintenance to
sustain the structural integrity of the exterior of the building and that will not become unsafe during the next five years.
Safe with a repair and maintenance program (hereinafter “SWARMP”). A condition of a building wall, any appurtenances
thereto or any part thereof that is safe at the time of inspection, but requires repairs or maintenance during the next five years, but
not less than one year, in order to prevent its deterioration into an unsafe condition during that five-year period.
Staggered inspection cycle. The separate time intervals for filing reports of critical examinations as determined by the last digit
of the building’s block number, beginning February 21, 2010, and continuing thereafter for each subsequent report filing cycle.
Subsequent report. A technical examination report that is filed by a QEWI after an acceptable report in order to change the
status of the building for that report filing cycle to reflect changed conditions or the recommended time frame for repairs of
SWARMP or unsafe conditions.
Unsafe condition. A condition of a building wall, any appurtenances thereto, or any part thereof that is hazardous to persons or
property and requires repair within one (1) year of completion of critical examinations. In addition, any condition that was reported
as SWARMP in a previous report and that is not corrected at the time of the current inspection must be reported as an unsafe
condition.