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Patrick McNally is the FDNY's Chief of Operations. This is right below Chief of Department, an FDNY position now occupied by Salvatore Cassano.  When Cassano was bumped up to chief of Department, McNally was bumped up to Chief of Operations (Click Here). Both the Chief of Operations and the Chief of Department are in constant communication with the FDNY Commissioner, Nicholas Scoppetta. They are "in cahoots" so to speak. There is no way that Patrick McNally would have issued the November 5, 2007 memorandum changing the timetable for inspections to 30 days from 15 days for buildings under construction and demolition without the knowledge, permission and consent of both Cassano and Scoppetta.

FreePetey does not disagree with Chief of Operations, Patrick McNally.  This adjustment to 3 RCNY § 11-01 (Click here) is reasonable given the large number of buildings under construction and demolition within the City of New York (Click Here). So too a reasonable adjustment was not inspecting the toxic building known as 130 Liberty Street given that FDNY did not give the Ten House a site specific safety plan, training, drills, PPE, decontamination, etc (Click Here) as well as given there were orders not to inspect (click Here). However, this adjustment is technically illegal.  Closed minded, unreasonable people might say that Scoppetta, Cassano and McNally are "breaking the law" for implementing this reasonable adjustment.  Yet, will Scoppetta "sideline" himself for technically breaking the law? Will Scoppetta "sideline" Cassano or McNally for violating 3 RCNY § 11-01 (Click here)?

3 RCNY § 11-01(a) entitled 'Buildings in the Course of Construction and Buildings Undergoing Demolition" states 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. (Click here)"

It is a rule of the City of New York.

Rules of the City of New York cannot be changed by a FDNY memorandum. 

NYC has a procedure for making its rules. The Charter of the City of New York is "the constitution" of the City of New York.  Chapter 45 of the Charter is NYC's administrative procedure act. In Chapter 45 is Section 1043(a) which explicitly says that  "No agency shall adopt a rule except pursuant to this section."  Section 1043(a) goes on to detail the procedure that must be followed in order to make a rule. Some of the requirements include publication of the rule in the City Record, Public Hearing, Written Comments, transmittal to the City Council, the Corporation Counsel, Community Board Chairs, News Media, Civic Organizations, and filing for Publication with the Corporation in the Compilation. There is also an emergency procedure in case there is some exigency for the rule.

We at FreePetey have found no evidence that any of the rule making procedures were followed. Hence, FDNY's attempt to change 3 RCNY § 11-01 (Click here) by memorandum is technically illegal.  And hence, the memorandum directs the entire Fire Department to violate the law.

The question that this raises is will Scoppetta now sideine himself, Cassano & McHally for technically breaking 3 RCNY § 11-01? If Scoppetta is not going to sideline himself, Cassano & McNally for technically breaking 3 RCNY § 11-01 (Click here), why, in justice's name, does he continue to "sideline" Bosco, McDonald and Fuerch?