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Jurisdiction Revisited

In previous blogs, we have presented the evidence that FDNY did not have jurisdiction over 130 Liberty Street. Here they are:

  1. Jurisdiction (Click Here)
  2. WTC Contaminated Buildings: FDNY: ALL BARK; NO BITE and NO JURISDICTION (Click Here)
  3. Jurisdiction over the demolition of the Deutsche Bank Building was allocated to NYCDOB not FDNY (Click Here)
  4. Time is running out, Mayor Mike (Click Here)
  5. 130 Liberty St.: A complex trap for honest firefighters and an honest fire department (Click Here)
  6. November 5, 2003: The Reopening of FDNY's the Ten House ( Click Here )
  7. March 2006: FDNY fades from the picture ( Click Here )
  8. Inordinate Regulatory Interference ( Click Here )
  9. "In the Know" said to find out who is truly responsible, go back to 2003 ( Click Here )
  10. New York Post, Editorial, 9 November 2007 ( Click Here )

To refresh our memories, let us take another look at FDNY regulations which themselves deprive FDNY of jurisdiction over 130 Liberty Street - a state owned building

Courtesy_Inspections.jpg 

Moreover, let us not forget that jurisdiction was expressly put into the hands the NYC Dept. of Buildings

5_17_07%20Jurisidction%20Meeting_1.jpg 

FreePetey has just got its hands on the 1993 Memorandum of Understanding between FDNY and the PA of NY & NJ.  All of the World Trade Center Buildings were PA of NY & NJ buildings and, hence, outside the jurisdiction of FDNY. In order to conduct inspections of them. FDNY came to an "understanding" with the PA of NY & NJ and a memorandum of that "understanding" is inserted below:

Memo%20of%20Understanding_full.jpg 

What is the significance of the 1993 Memorandum of Understanding between FDNY & the PA of NY & NJ? It shows that FDNY inspections result merely in recommendations. It confirms the lack of FDNY enforcement powers (Note: Does anybody remember the 6,000 gallon fuel tank in 7 World Trade Center?) More importantly, look at to whom it delegates responsibility for inspections.  Does it delegate responsibility for inspections to the local firehouse? No.  It delegates responsibility for inspections to FDNY's Bureau of Fire Prevention. How interesting!  In other words, a building can be within a local firehouse's administrative district yet not be part of the local firehouse's inspection responsibility!  [We  wonder whether the FDNY Commissioner knew this when he hastily blamed the local firehouse for failing to conduct inspections.]  Even more importantly, take a look at the level at which this "understanding" was hammered out. Was it hammered out at the level of the local firehouse? No.  Was it hammered out at the level of the battalion chief? No.  Was it hammered at the level of the division chief? No.  It was hammered out at the level of the FDNY Fire Commissioner, the top dog, the head honcho.

Which raises the next question. Did FDNY Commissioner Scoppetta hammer out a memorandum of understanding with LMDC with regard to inspections of 130 Liberty Street? Hmmm. Isn't that an interesting question? Did you Scoppetta?  Look who signed the memorandum of understanding with the PA of NY & NJ -- a fire commissioner. Without a memorandum of understanding between FDNY and LMDC with regard to 130 Liberty Street, a lot of issues are left open, no?

Recall what a testy Mayor Bloomberg was reported to have said in a report by Marcia Kramer concerning the "sidelining" the the three FDNY scapegoats (Click Here).  [When you read it, there is more verisimilitude if you read it in a nasal, high-pitched, and bumptious tone] (Also, click here):

 

"Can't conceive of how anybody thinks we should leave anybody in a position where there's a question as to whether or not they were taking the steps to keep the city safe," Bloomberg said. "That's what their job is."

 

Did you do your job, Nick?  Here is what you said, Nick

“So, we will recognize, acknowledge and learn from our mistakes,” Mr. Scoppetta continued, “and we will hold everybody accountable, no matter where this investigation takes us.” (NY Times, August 28, 2007, Al Baker, 3 Disciplined Over Fatal Fire at Bank Tower) (See also, Click Here)

 
When did LMDC purchase 130 Liberty Street? August 31, 2004 (Click Here) You certainly had enough time to come to an understanding with LMDC about inspections.  But we know how slowly you act. You had since 9/11/2001 to come up with a plan to inspect contaminated buildings yet you failed to do so.

Isn't that your job, Nick?

Don't you think it's time that you give the speech, Nick? (Click Here) 

 

* * * * * * * * * *  

Hold not thy peace, O God of my praise;
For the mouth of the wicked and the mouth of the deceitful are opened against me: they have spoken against me with a lying tongue.
They compassed me about also with words of hatred; and fought against me without cause.

Psalms 109 1-3

 

 

 

 

Posted on Thursday, December 6, 2007 at 08:34PM by Registered Commenter[Your Name Here] | CommentsPost a Comment

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