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LMDC is a creature spawned by the New York State Urban Development Corporation Act which entered the lawbooks of New York State in 1968.

Pursuant to §16 (3) of the Act, LMDC had the power to declare, in its discretion, that compliance with local laws "is not feasible or practicable", and, by so declaring, exempt itself from local laws of NYC. 

However, from the point of view of FDNY, other portions of §16 (3) of the Act are more relevant. 

§16 (3) of the Act also took away any power NYC had to "... modify or change the drawings, plans or specifications ...".  In other words, if NYC wanted FDNY to inspect and LMDC did not want FDNY to inspect, NYC was without the power to require FDNY to inspect. Doing so would be changing LMDC's "drawings, plans, or specifications".  Not only was NYC without power to change the "drawings, plans, or specifications", NYC, according to §16 (3) of the Act, could not force any "...person, firm or corporation employed on any such work.." to perform their work "...in any other or different manner than that provided by such plans and specifications ...".  In other words, NYC was without power to cause the plans themselves to be modified or the workers themselves to deviate from the plans.

Hence, because LMDC desginated others to inspect and not FDNY and designated FDNY solely to be an emergency responder, NYC lacked the power to change this.  The deconstruction - decontamination of 130 Liberty Street was LMDC's project -- not NYC's -- and it was up to LMDC to decide how and by whom it was to be done. NYS via the New York State Urban Development Corporation Act  told NYC to butt out and leave LMDC alone.

Moreover, §16 (3) of the Act, had an immunity clause exempting those who followed LMDC'S drawings, plans, specification or contracts from civil and criminal liability.  It granted immunity to  "... any person, firm or corporation..." "... doing of any such work ... " ".... in accordance with the terms of such drawings, plans, specifications or contracts..."  from any "...liability or penalty, civil or criminal ..."

LMDC did not invite FDNY to be involved in the project in any other manner than as an emergency responder.  According to LMDC, FDNY was not needed or wanted for this project in any other role than as an emergency responder.  LMDC had others perform inspections. LMDC did not assign the role of inspector to FDNY.

Isn't it time for Nick to give the speech? (Click Here)