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We have written about the fifteen day rule in past blogs. The fifteen day rule can be seen by clicking here.  The fifteen day rule says that

Deputy Chiefs shall cause continued inspections of buildings in the course of construction and demolition at least every fifteen (15) days, but more often where conditions dictate. 3 RCNY 11-01(a)  click here.

FreePetey's past blogs about the fifteen day rule are found as follows:

• 10/5/2007 - THE DUTY TO INSPECT - Click Here
  
• 9/23/2007 - FDNY ENGINE 10 ORDERED BACK INTO 130 LIBERTY STREET - Click here.
• 9/18/2007 - NYS LABOR LAW §27-a(3)(a)Duties by Click here.
  

Since the beginning, we have consistently asserted that the fifteen day rule did not contemplate toxic buildings.  The assumption of the fifteen day rule was that the building being inspected was "clean" and firefighters could walk in and out of the building without any special training or equipment other than their normal, ordinary gear.  Former Fire Commissioner Von Essen seems to agree with us. Click Here. It made sense that this was the case but it is one thing to assert it and quite another thing to prove it. 

One of the reasons for this website is that this is a complex case. Complexity requires that ideas percolate through the mind over a long period of time so the mind can digest them and make sense of them.  After sufficient percolation, complex ideas become simple. Anyone who thinks he or she can understand all of the facts of this case in an instant is making a blunder of the highest magnitude. Some critics will say that "percolation" can be done privately without doing it publicly.  If Captain Bosco was guilty of dereliction of duty, this website would not exist and all of our "percolating" would take place privately.  But Captain Bosco is not guilty of dereliction of duty and an innocent man has no fear of the light of day. Public "percolation" that reduces the complexity to simplicity benefits everybody and enables everybody to understand the facts.  Captain Peter Bosco was raised a Christian in the Roman Catholic tradition.  In Staten Island, he attended St. Dorothy's Academy for kindergarten, St. Sylvester's grammar school and Monsignor Farrell High School.  He is well familiar with the biblical verse that says:

No one lights a lamp and hides it under a bowl or puts it under a bed. Instead, everyone who lights a lamp puts it on a lamp stand so that those who come in will see the light. Luke 8:16

 The lamp of Captain Bosco's innocence has been lit and it will shine forth for all to see.

Sorry for the digression.

What has all of this to do with providing evidence that the fifteen day rule did not contemplate toxic buildings?

About 5:30 this morning it dawned on us: the dates, the dates.  We had an easy time aserting it but a tough time showing it because we were thinking too generally.  When we started to think more particularly the solution became clear.

When we looked at the text of the fifteen day rule again  (click here) we noticed that at its bottom it said

1991.  The fifteen day rule originated in 1991. Being that the fifteen rule was originated by lawmakers in 1991, it can be said with 100% certainty that the lawmakers who enacted the fifteen day rule did not contemplate the 9/11/2001 terrorist attack on America and the ground zero buildings contaminated by toxic chemicals ready to slowly suck the life out of those who would foolishly enter therein without the proper respiratory and dermal protection and exit therefrom without decontamination.

Because it dawned on us that the date of the fifteen day rule was years earlier than the happening of 9/11/2001, instead of being hard, it became easy to demonstrate that the fifteen day rule did not contemplate the advent of toxic ground zero buildings.  In fact, it now became impossible to take the position that the fifteen day rule written on the books many years before 9/11/2001 covered the toxic buildings created by 9/11/2001. They simple did not exist.

Let us recall the verse from the Charge of the Fire Brigade (Click Here) that goes

 Instead of being irrelevant doggerel, the logical basis behind the verse now becomes clear:  the 15 day rule written on the books years before the events of 9/11/2001 did not contemplate 9/11 contaminated buildings. It couldn't possibly have for the contaminated 9/11 buildings did not exist when the fifteen day rule was written on the books.

Suppose there was a building in the process of being demolished.  Instead of being contaminated by toxic 9/11/dust, terrorists contaminated it with radioactivity or anthrax. Surely, Batberg and Boy Blunder (Click Here) wouldn't commit political suicide by  announcing at a press conference that the firefighters will continue to inspect these radioactive and anthrax contaminated building every fifteen days without any protective equipment or training. Surely, radioactive and anthrax contamination would bring FDNY inspections by those without proper protective equipment and training to a halt! The Deutsche Bank Building has been called "a vertical love canal" and ground zero "the most dangerous work site in America".  Yet, Batberg and Boy Blunder (Click Here) have "sidelined" Captain Bosco and two fire chiefs for not going into and out of "a vertical love canal" and "the most dangerous work site in America" without the proper equipment and training.  What's wrong with this picture? Does this make sense?

Show me the "all clear".   From 9/11/2001 to the present day, show me any Federal, State or City announcement or document that Deutsche Bank Building was "all clear": it was safe to go into and out of without special gear or training.  Show me one single Federal, State or City announcement or document that the Deutsche Bank Building was back to normal. Show me! Where is the green light?  Where is the Welcome sign inviting ordinary visitors without special training or equipment back into the Deutsche Bank Building. Where is it? Where is the declaration that the Deutsche Bank was safe to enter and exit? On What day was it issued? To whom was it issued? Who issued it? What did it say exactly? What Federal, State or City agency cooperated and joined in its issuance? Show we the Good Housekeeping seal of approval certifying that the Deutsche Bank Building was free of toxins! Show me! Show me where anyone from FDNY told anyone from Engine 10 that it was now safe for them to go into the off-limits Deutsche Bank Building. Show me.

We will never see such a document because such a document does not exist. The Deutsche Bank building has never been declared safe by any Federal, State of City agency because, since 9/11/2001, the Deutsche Bank building has never been safe. The toxicity created on 9/11/2001 continues to the present day.  FDNY has never issued an "all clear" to Engine 10.  FDNY has never told Engine 10 that it is now safe to recommence their regular inspection routine with regard to the Deutsche Bank Building in their normal, ordinary gear and without any special training.

One would think, would one not, that when a building, made off-limits by contamination via 9/11 dust, radioactivity, anthrax or some other toxin, becomes safe for ingress and egress without any special gear or training,  that an official announcement would be made? The undisputed fact that an "all clear" was never issued - officially or unofficially - with regard to the Deutsche Bank Building is significant, no?

This leads again to the reason we believe that Batberg and Boy Blunder (Click Here) are engaged in a vile attempt to blame three fine firefighters instead of the real culprits. There is a fifteen day inspection rule on the books that originated in 1991.  The world changes on 9/11/2001.  Although the world changed on 9/11/2001, FDNY never re-writes the fifteen day rule to take into account the World Trade Center Contaminated Buildings. They did not take into account the Contaminated 9/11 buildings during the remainder of 2001. They did not take it into account in

2002

2003

2004

2005

2006 or

2007.

FDNY still has not taken them into account as you read this (Click Here).  When FDNY had all of these years to take into account the World Trade Center Contaminated Buildings - and failed to do so - the blame, members of the jury, does not fall upon the local firehouse, it falls upon the very top of FDNY and the City of New York.