After a FISP Unsafe report: the 90-day clock, FISP1 and FISP2 extensions, and taking the shed down
An Unsafe facade report starts a 90-day repair clock and keeps the protection up until DOB accepts an amended report. What happens in between: the extension requests the QEWI files every 90 days, the date only a new report can move, the amended report, and the ways the shed comes down.
Last checked: Oct 23, 2026
Key facts
- Repair clock Unsafe conditions corrected within 90 days of the report (1 RCNY §103-04(c)(5))
- Extensions FISP1, then FISP2, filed by the QEWI in DOB NOW: Safety every 90 days; financial reasons are never accepted
- Gaps any time after day 90 not covered by an accepted extension carries civil penalties
- Amended report the QEWI inspects within two weeks of completing the repairs and files it
- Protection stays until DOB accepts an amended Safe or SWARMP report or approves a Partial Shed Removal
What happens after a FISP report is filed as Unsafe?
The owner puts up the public protection the QEWI recommends and starts the repairs at once; the condition is reported to DOB through 311 and the QEWI’s FISP3 notice, followed by the full Unsafe report. Unsafe conditions must be corrected within 90 days of the report. When the repairs take longer, the QEWI files an initial extension request (FISP1) and then further requests (FISP2) in DOB NOW: Safety, every 90 days; financial reasons are never accepted, and any period not covered by an accepted extension carries civil penalties. Within two weeks of finishing, the QEWI inspects and files an amended report. The protection stays until DOB accepts an amended Safe or SWARMP report or approves a Partial Shed Removal.
Key considerations
The first hours
On finding an unsafe condition, the QEWI must notify DOB and the owner immediately, identify where it is and recommend the type and location of public protection. The owner must act at once to secure public safety as recommended — sheds, fences, safety netting — and begin the repairs (1 RCNY §103-04(c)(5)(i)). The report goes to DOB through 311 and a FISP3 in DOB NOW: Safety, which only a Professional Engineer, Registered Architect or QEWI may file; DOB inspects every unsafe facade report. The same-day steps are in Safe, SWARMP or Unsafe.
Ninety days, and the unsafe date
All unsafe conditions must be corrected within 90 days of the report’s submission. When the scope cannot be done in 90 days, the QEWI recommends a timeframe in the report; the owner is responsible for meeting it and must tell DOB of any deviation (§103-04(c)(5)(ii)–(iii)). DOB will not grant extensions past that unsafe completion date: moving it takes a subsequent report, with the QEWI’s justification.
FISP1: the first extension
The Commissioner may grant up to 90 more days on the QEWI’s initial extension application, filed with: notice that the site is secured by a shed, fence or other measure; a copy of the contract showing the scope of the repairs; the QEWI’s estimate of the time needed; a statement of every permit the work requires; the owner’s notarized affidavit that the work will be finished within that estimate; and the fee, $305 (§103-04(c)(5)(v)). Financial considerations are not accepted as a reason.
FISP2: further extensions
A further extension is considered on a further application with notice of an unforeseen delay to substantially completed work (weather, a strike), unforeseen circumstances (a fire, a collapse), a hazard that needs more than 90 days to fix (a new wall), or progress photos of the facade repairs (§103-04(c)(5)(vi)). Again, money is not a reason. DOB’s facade rule FAQ confirms the rhythm: an extension request every 90 days, FISP1 first and FISP2 after.
Gaps cost money
The owner is liable for civil penalties from day 90 after the initial Unsafe report unless the time is covered by accepted extension requests, and any gap or delay between requests is penalized for the days it leaves uncovered. The monthly penalty, plus a charge per linear foot of shed from the second year, is in what an uncorrected Unsafe costs; it runs until the amended report is accepted, the shed is removed and the permits, the shed permit included, are signed off.
The shed’s own clocks
The shed permit has deadlines of its own. On a FISP building whose initial shed permit was issued on or after January 12, 2026, Local Law 51 adds repair milestones counted from the shed permit (repair deadlines), and every 90-day renewal needs an RDP’s progress report (shed renewal).
The amended report
Within two weeks after the repairs are complete, the QEWI inspects the building and promptly files an amended report with the new status and its fee ($425), and the owner gets the permits signed off. If DOB rejects the report, a revised one is due within 45 days; after two rejections, a new filing fee applies (§103-04(c)(5)(iv)).
Taking the shed down
Until DOB accepts the amended report, the building stays Unsafe and the protection stays up. Two routes bring it down earlier. The QEWI may ask for permission to remove the shed with a signed and sealed statement that the conditions were inspected and corrected and the shed is no longer needed — granted at the Commissioner’s discretion. And a Partial Shed Removal request in DOB NOW: Safety, filed by the owner or the QEWI at no fee, can remove protection where larger, separate sections of the building are finished while work continues elsewhere.
Checklist: from Unsafe to shed down
- Day 0: protection up as the QEWI recommends; 311 and the QEWI’s FISP3; repairs started.
- Line up what a FISP1 needs: the repair contract, the list of permits, the QEWI’s time estimate and the owner’s notarized affidavit.
- Before day 90, the QEWI files the FISP1; before each extension runs out, a FISP2 with progress photos.
- Watch the unsafe completion date: past it, only a subsequent report moves it.
- Within two weeks of finishing, the QEWI inspects and files the amended report; get the permits signed off.
- Where whole sections are finished early, ask the QEWI about a Partial Shed Removal.
- Take the shed down only after DOB accepts the amended report or approves the removal, then close out the shed permit.
Sources
- 1 RCNY §103-04: periodic inspection of exterior walls (FISP)
- NYC DOB, Façade compliance (Unsafe conditions, FISP1/FISP2/FISP3, public protection)
- NYC DOB, Facade rule frequently asked questions (unsafe date, FISP1/FISP2 every 90 days, Partial Shed Removal)
- NYC DOB, DOB NOW: Safety facade FAQs (FISP3 filers, DOB inspects every unsafe report)
- NYC DOB, Façade fees and penalties
- NYC DOB, DOB NOW: Safety façades compliance filing: QEWI user manual (Partial Shed Removal)
Checked against the official text on October 23, 2026.
Related guides
- Safe, SWARMP or Unsafe: what each facade report classification requiresUnsafe starts a 90-day clock. SWARMP sets a firm completion date between one and five years out. What each classification commits the owner to — including the 2025 deadlines for sheds.
- Sidewalk shed permits in NYC: when one is required, and the 90-day ruleA shed is required for facade work more than 40 ft above curb level and whenever a dangerous condition exists. Since February 2026, permits last 90 days, renewals require an RDP progress report, and stalled sheds carry penalties that DOB expects to start imposing in early 2027.
- NYC sidewalk shed renewal (2026 rules): the RDP report, the $220 fee and the weekly logSince August 13, 2026, a shed renewal needs an RDP’s in-person examination and progress report: $130 plus $90, or $220, and a $2,500 penalty when no acceptable report is filed. The contractor keeps the weekly work log.