The Duty to Inspect
If a building is toxic, who within the FDNY has the duty to inspect it?
Keep in mind that the legal framework governing FDNY inspections before August 18, 2007 and after has stayed the same It has not changed. The Rules of the City of New York have not changed. The FDNY internal rules - which are not the same as the rules of the City of New York - have not changed.
There are some who hold the opinion that the local firehouse has the duty to inspect toxic buildings even though FDNY has not equipped the local firehouse with the means, or as Former Fire Commissioner Von Essen said "the ability" to protect the inspectors from the toxins.
Other, more reasonable minds, hold the opinion that the local firehouse does not have the duty to inspect if FDNY does not equip the local firehouse with the means, or as Former Fire Commissioner Von Essen said "the ability" to protect the inspectors from the toxins.
There seems to be some confusion about who within the FDNY has a duty to inspect toxic buildings.
There is evidence that supports the view that the duty to inspect does not belong to the local firehouse if FDNY does not equip the local firehouse with the means, or as Former Fire Commissioner Von Essen said "the ability" to protect the inspectors from the toxins.
- Evidence #1: Fitterman Hall (30 West Broadway) is a toxic building. On September 27, 2007, Haz Mat 1 inspected it. It was not inspected by the local fire house. Again, this was done under the same legal framework that existed both before and after August 18, 2007.
- Evidence #2: 130 Cedar Street is a toxic building. On October 1, 2007, Haz Mat 1 inspected it. It was not inspected by the local fire house. Again, this was done under the same legal framework that existed both before and after August 18, 2007.
- Evidence #3: Deutsche Bank is a toxic building. On Thursday 20 September 2007, the local firehouse, Engine 10 was ordered to inspect it. Now, however, FDNY, supplied the local firehouse with Haz-Mat gear and Decontamination. Again, this was done under the same legal framework that existed both before and after August 18, 2007.
- Evidence #4: Sometime after August 18, 2007, FDNY ordered Captain Peter Bosco to inspect one of the toxic buildings at ground zero. This time they equipped him with a Haz Mat suit and decontaminated him thereafter. Again, this was done under the same legal framework that existed both before and after August 18, 2007.
- Evidence #5: Before Captain Peter Bosco arrived at Engine 10 in late December 2006, early January 2007, Engine 10 was not inspecting Fitterman Hall (30 West Broadway), 130 Cedar Street, and the Deutsche Bank Building. FDNY had not supplied Engine 10 with the means, or as Former Fire Commissioner Von Essen said "the ability" to protect the inspectors from the toxins.
Give Firefighters the means to do their jobs and they will do it. But don't fail to supply fire engines, fire hoses, fire extinguishers and water to firefighters and then complain that the firefighters didn't put out the fire.
FreePetey's past blogs about the fifteen day rule are found as follows:
- 10/23/2007 - A DIFFERENT TIME; A DIFFERENT PLACE - Click here.
- 10/22/2007 - The fifteen day rule: the mystery is the starting of the inspections not their stopping - Click here.
- 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.
(Our Thanks goes out to Deep Throat for the information about the Haz Mat Inspections. There are honorable people in the upper echelons of FDNY. Thank you. Deep Throat)



Reader Comments