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In a court of law, the sudden appearance of evidence that contradicts the position held by a party does not happen frequently.  Trials are not like they are depicted on television.  It is rare that a video turns up showing that the crime was done months after the date alleged and by someone other than the accused.

Weinlein's October 9, 2007 memorandum, however, is just such evidence.

Some closed minded and unreasonable people desire that the 15 day rule found in 3 RCNY § 11-01 dealing with inspections of buildings under construction or demolition (Click here) be strictly construed.  They say that it is applicable to "clean" as well as "dirty" buildings because its text does not make any distinction between them. 

We have already presented irrefutable evidence that the strict constructionists are incorrect. 

• FDNY's Chief of Operations - presumably with the knowledge, permission and consent of Cassano and Scoppetta -  has already interpreted  3 RCNY § 11-01 to distinguish between buildings under 75 feet and buildings over 75 feet even though the text of 3 RCNY § 11-01 does not make such a distinction  (See,"Is there a double standard? Do only the "little guys" get "sidelined" for violating 3 RCNY § 11-01 or do the "big guys" too? by clicking here or see, "There are rules and there are exceptions to the rules. Even the 15 day inspection rule found in 3 RCNY § 11-01 has exceptions" by clicking here)
  

• 3 RCNY § 11-01 was put on the books before the toxic buildings of ground zero existed and hence those who put it on the books did not contemplate the toxic ground zero buildings.  Those who put it on the books envisioned inspections of "clean buildings" in ordinary clothes. This is buttressed by FDNY's rule banning the use of PPE during inspections.  Toxic buildings require PPE to safely inspect them.  That FDNY bans PPE indicates conclusively that FDNY envisions inspections of "clean buildings" only. (See, "FDNY forbids the wearing of P.P.E. during inspections of toxic buildings" by clicking here )

• 130 Liberty Street was outside of the jurisdiction of FDNY.  Saying that 3 RCNY § 11-01 applied to 130 Liberty Street is akin to saying that it applied to a building in Hoboken, NJ.  It simply did not.  3 RCNY § 11-01 only applies to buildings within the jurisdiction of FDNY. (See, "Jurisdiction revisited" by clicking here )
  

The October 9, 2007 Weinlein's memorandum is futher evidence that 3 RCNY § 11-01 did not apply to 130 Liberty Street.

Let us take a look at the October 9, 2007 Weinlein memorandum more closely.

Michael Weinlein was the top FDNY commander in Manhattan.  He was the head of Manhattan's FDNY Borough Command.  If Scoppetta was a feudal lord, Weinlein would be one of his princes, the baron of Manhattan.  Nicholas Delre was, on information and belief, the Chief of Haz Mat Operations.  Kevin Woods is a Battalion Chief, a superior and well respected fire officer, who is currently entrusted with the inspections of 130 Liberty Street. The subject of the October 9, 2007 Weinlein memorandum is INSPECTIONS OF WTC CONTAMINATED BUILDINGS. 

Who would be in the position to know whether or not 3 RCNY § 11-01 covered the INSPECTIONS OF WTC CONTAMINATED BUILDINGS. Certainly, FDNY's baron of Manhattan. [Note: Weinlein is being called the baron of Manhattan not to belittle him. He is reportedly a good guy, too. There are a lot of good guys dragged into this mess.  He is called  FDNY's baron in Manhattan to solely emphasize his high standing in the FDNY hierarchy. He sits at the Scoppetta's table in the inner sanctum]  If anybody knows whether or not 3 RCNY § 11-01 applies, Weinlein knows.  Therefore, when we see Weinlein working with the NYS DOL to figure out how to do the INSPECTIONS OF WTC CONTAMINATED BUILDINGS, it is obvious Weinlein is doing this because FDNY did not have in place a methodology to do the INSPECTIONS OF WTC CONTAMINATED BUILDINGS.  If 3 RCNY § 11-01 was all that was necessary, Weinlein wouldn't be wasting his time trying to come up with a methodology with the NYS DOL. Weinlein is trying to come up with a methodology on how to do the INSPECTIONS OF WTC CONTAMINATED BUILDINGS, precisely because he knows that 3 RCNY § 11-01 does not apply to the INSPECTIONS OF WTC CONTAMINATED BUILDINGS.

The October 9, 2007 Weinlein's memorandum is "the video" that has turned up showing that Bosco, McDonald and Fuerch as well as all of the other commanders in charge during the 17 months that 130 Liberty Street was not being inspected who have not yet been "lifted" did not violate 3 RCNY § 11-01. 3 RCNY § 11-01 simply did not apply to the über-toxic Deutsche Bank Building. FDNY had no rule governing inspections of toxic buildings. Weinlein wanted to develop one. He wanted to develop one because FDNY didn't have one.

To reiterate what was said in an earlier article, figuring out a methodology on how to do the INSPECTIONS OF WTC CONTAMINATED BUILDINGS is not being done at the level of the Captain of the local firehouse.  It is being done way above the level of Captain of the local firehouse.  It is being done by the baron of Manhattan and by the NYS DOL.

For an earlier article

• Is Captain Peter Bosco being framed for violating rules that did not exist during his assignment to Ten Engine? ( Click Here )