Boston Façade Ordinance Changes
The ultimate guide to staying in compliance
In 1995, the City of Boston enacted Ordinance 9-9.12 of the Boston Municipal Code (referred to as the Façade Ordinance for simplicity) to ensure public safety by requiring periodic inspections of exterior building facades. Significant changes were approved in July 2022 and came into effect in January 2023. This article is aimed at assisting building owners and property managers to navigate through the changes to comply with the requirements of the City of Boston.
The façade ordinance originally applied to any exterior wall of a building over seventy (70’) feet in height, or those buildings classified as a high-rise structures. The new façade ordinance includes unoccupied buildings, of over thirty-five (35,000) cubic feet, excluding buildings that are classified as three-family, two-family, or single-family, except as required by the Commissioner.
The frequency of inspection mandated by the Façade Ordinance remains the same – once every five (5) years for occupied structures and once every year for unoccupied structures. If a building was substantially improved within the last five (5) years, they need not be inspected (for the purpose of complying with the Façade Ordinance) for ten (10) years following the issuance of a Certificate of Occupancy by the City of Boston.
Similar to the Façade Inspection Safety Program (FISP) that was mandated in New York City, the Boston Façade Ordinance classifies building conditions to be either (1) Safe, (2) Safe With A Repair and Maintenance Program (abbreviated as SWARMP), or (3) Unsafe.
Recent changes in the Boston Façade Ordinance now require the owner to notify the Commissioner in writing and in an electronic format within twelve (12) hours of identifying any unsafe condition. Furthermore, the building owner is required to:
- Take actions necessary to protect public safety within twenty-four (24) hours, which typically includes the installation of sidewalk sheds, fences, and/or safety netting.
- File an appropriate permit application within three (3) days to the Commissioner.
- Commence work to correct the condition within ten (10) days of filing the report identifying an Unsafe condition (unless prevented by unforeseen delays, e.g. inclement weather, labor strike). This work shall continue without interruption until the Unsafe condition has been corrected and take precedence over any other permitted work in the building.
- Have the building reinspected by a Registered Professional and file an amended report stating the condition of the building within two (2) weeks after correcting the Unsafe conditions.
In the event that a SWARMP condition is observed, the Building Owner is required to ensure that such conditions are repaired within the time frame identified by the Registered Professional.
Increases in administrative fees were incorporated in the recent changes to the ordinance. The filing fee has been increased from one hundred ($100) dollars to two hundred ($200) dollars. Additionally, any Unsafe conditions that result from the Owners’ failure to follow a maintenance plan recommended by the Registered Professional are constituted as a violation and incur a fine of three hundred ($300) dollars per day (a significant increase from a fine of $100 per day mandated in the earlier Façade Ordinance). A significant increase in fine is imposed on Owners who fail to have a structure inspected requiring an exterior wall certificate or fail to file the inspection report with the required fee – from one hundred ($100) dollars per day to three hundred ($300) dollars per day. With the recent changes to the Façade Ordinance, significant increases in fines for failing to comply with the requirements could be costly to Owners. Parallels could be drawn in the filing requirements between the City of Boston Façade Ordinance and the FISP in New York City. Rimkus Consulting Group (formerly known as Sullivan Engineering) has a proven track record of working with Owners to fulfill their Façade Ordinance obligations in New York City and the City of Boston. Reach out to our team if you have any questions regarding the Façade Ordinance!
While the recent changes may come across as a headache and the City of Boston overreaching to some property owners, it’s important to remember the reason behind the ordinance. Public safety is of the utmost importance and these inspections help protect the general public from façade failures throughout the City of Boston. A proactive approach to façade failures is a critical step in ensuring a comfortable and safe environment.
Rimkus provides high-quality building envelope restoration and compliance solutions. We partner with facility managers and account executives to provide technical expertise and project management for building envelope restoration, compliance, and maintenance.
Our solutions reduce the overall building life cycle maintenance costs by creating long-lasting, high-quality work for years to come.
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- FISP (Local Law 11)
- Roofing and Waterproofing
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- Parking Garage Inspections (Local Law 126)
- Historic Preservation
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- Construction Administration
- Green Roofing
- Boston's Façade Ordinance
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