Boston’s Facade Ordinance

Boston’s Facade Ordinance, (Section 9-9.12 of the City Code) aims to ensure the structural integrity and safety of building facades within the city. Boston’s ordinance focuses on maintaining the external walls of buildings where deteriorating facades pose a risk to public safety. The law mandates regular inspections and timely maintenance to mitigate the risks associated with aging or poorly maintained facades.

Key Aspects of the Facade Ordinance:

1. Inspection Requirements:
   • The ordinance applies to all buildings in Boston over 70 feet tall. It requires these buildings to undergo regular inspections of their exterior walls to assess their structural stability and identify potential hazards such as loose masonry, cracks, and water infiltration.
   • Inspections are typically required every five years to ensure ongoing compliance with the city’s safety standards, unless the building is vacant, in which case it is required every 12 months.
2. Qualified Inspectors:
3. Inspections must be carried out under the supervision of a Licensed Professional Engineer (PE) or Registered Architect (RA) in the state of Massachusetts.
4. Inspection Report:
   • After the inspection, the engineer or architect must submit a detailed report to the Boston Inspectional Services Department (ISD). The report classifies the facade’s condition into one of three categories:
     • Safe: The building facade is sound and does not pose any threat to public safety.
     • Unsafe: The facade is compromised, posing an immediate risk to the public or occupants, and requires emergency repairs or remediation.
     • Safe with Repairs and Maintenance Program (SWARMP): The facade is currently safe but requires maintenance or repair within a specified timeframe to prevent future hazards.
5. Repairs and Maintenance:
   • If the inspection reveals an “unsafe” condition building owners must take prompt corrective actions (within 24 hours), to protect public safety and documentation must be submitted to the Commissioner within 3 days of actions taken. These could involve installing sidewalk sheds, fences or safety netting.
   • Within 10 days of an unsafe notification, the Owner is responsible for ensuring corrective work is commenced. These actions could involve repairing or reinforcing components of the facade, addressing issues related to water infiltration, or replacing the façade entirely.
   • Engineers play a crucial role in designing the repair strategy and overseeing its implementation to ensure compliance with the ordinance and long-term safety.
6. Filing with the City:
   • The inspection report must be filed with Boston’s Inspectional Services Department (ISD) within 30 days of the inspection. This allows the city to monitor compliance with the ordinance and track the condition of facades across all qualifying buildings.
   • Owners are required to retain a copy of the inspection report.
7. Penalties for Non-Compliance:
   • Building owners who fail to comply with the facade inspection ordinance or who delay necessary repairs can face fines, enforcement actions, and legal penalties from the city. These penalties are designed to ensure that facade safety is taken seriously and that buildings are properly maintained.
8. Cycle and Additional Inspections:
   • While the typical inspection cycle is every five years, the city may require additional inspections for buildings with known issues or those in high-risk areas. The ordinance is designed to adapt to the specific needs of Boston’s aging infrastructure.