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Upcoming Press Release. Stay tuned

Coming Soon (when the moment is right)... Stay tuned for blockbusting news about FDNY Fire Commissioner Scoppetta himself [Note: a hold has been put on this story]

Posted on Friday, September 5, 2008 at 10:24PM by Registered Commenter[Your Name Here] | Comments3 Comments | EmailEmail | PrintPrint

Anniversary

As the anniversary of the tragic fire draws near, FreePetey extends its condolences to the families of those brave firefighters who lost their lives on August 18, 2007.  May they rest in peace. Amen. 

Our Lord said to St. Faustina:

"Encourage souls to say this chaplet that I have given you.  Whoever recites this chaplet shall receive great mercy at the hour of death. When they say this chaplet in the presence of the dying, I shall stand between my Father and the dying person, not as a just judge but as a merciful savior. Priests will recommend this chaplet to sinners as the last hope of salvation. What a paradise it is for a soul whose heart knows itself to be so loved by GOD!"

The Chaplet of Divine Mercy

"Eternal Father, I offer you the body, blood , soul and divinity of your dearly beloved son, Our Lord, Jesus Christ, in atonement for our sins and the sins of the world. For the sake of his sorrowful passion,  have mercy on us and on the whole world.

Holy God, Holy mighty God, Holy Immortal God, have mercy on us and on the whole world,
Holy God, Holy mighty God, Holy Immortal God, have mercy on us and on the whole world,
Holy God, Holy mighty God, Holy Immortal God, have mercy on us and on the whole world,

Eternal Father, in whom mercy is endless and the treasury of compassion inexhaustible, look kindly upon us and increase your mercy in us that in difficult moments we will not despair nor become despondent but with great courage  submit ourselves to your holy will which is love and mercy itself.
"



Posted on Friday, August 15, 2008 at 12:54PM by Registered Commenter[Your Name Here] | Comments Off | EmailEmail | PrintPrint

The smoking gun!

On June 8, 2008 in an article entitled, 'Compare the records of NYC DOB with FDNY' (Click Here) and in articles that followed, FreePetey declared bluntly that FDNY did not inspect buildings under construction or demolition as part of its ordinary practice and everyday routine despite 3 RCNY §11-01 which is the citation to the FDNY rule that calls for inspections of such buildings every 15 days.  Although 3 RCNY §11-01 was on FDNY's books, the top of FDNY never put it into practice amongst the rank and file. The failure to implement 3 RCNY §11-01 has existed for many decades. Scoppetta did not originate it but inherited it. It was well known within the FDNY that buildings under construction and demolition were not inspected.  Hence, when Scoppetta at the news conference during which he sidelined three dedicated fire officers by assuming the character of Renault from the movie, Casablanca (Click Here), by seemingly to say 'I am shocked, shocked to find that no inspections have been going on in here!' , Scoppetta earned the opprobrium of the rank and file of FDNY and his title of perfidious leader.

But is there a smoking gun that confirms the failure to implement inspections of buildings under construction and demolition?

There is.
It exists.
You have already seen it.

However, you may not yet understand how it confirms the failure of the very top of FDNY
to put the 15 day inspection rule of 3 RCNY §11-01 into practice. In this article, FreePetey will try to open your eyes to see and your ears to hear.

On November 5, 2007, the Chief of Operations for FDNY, Patrick McNally, issued a memorandum whose subject was Buildings under Construction and Demolition.

We talked about the 11/5/2007 reduction in inspection frequency in prior articles:

  • There are rules and there are exceptions to the rules.  Even the 15 day inspection rule found in 3 RCNY § 11-01 has exceptions. (Click Here)
  • Is there a double standard?  Do only the "little guys" get  "sidelined" for violating 3 RCNY § 11-01 or do the "big guys" too? (Click Here)

Furthermore, the 11/5/2007 McNally memorandum appears in full below:


It is now time to talk about why
.

It is now time to explore why FDNY issued this memorandum.

What did the 11/5/2007 McNally memorandum do?

On 11/5/2007, FDNY's Chief of Operations, Patrick McNally got out his red fire ax, rolled up his sleeves, spit in his hands, grabbed its handle and swung it against 3 RCNY §11-01 again and again and again.  He hacked, and cut, and swung and  chopped and whittled the mighty log that was 3 RCNY §11-01 into a tiny toothpick - just a small fraction of its original size! His ax whittled a mountain into a molehill.

But why?

Why did FDNY feel the need to whittle away the log that was 3 RCNY §11-01 until it was no more than a tiny toothpick?

This is a good question but there are better questions.

Why did not FDNY feel the need to whittle away 3 RCNY §11-01 before the tragic August 18, 2007 fire?  Or, as McNally, put it, why wasn't there a need to "eliminate" "confusion" before the tragic August 18, 2007 fire? 

Why didn't FDNY feel the need during the first three quarters of 2007?

Why didn't FDNY feel the need during 2006?

Why didn't FDNY feel the need during 2005?

Why didn't FDNY feel the need during 2004?

Why didn't FDNY feel the need during 2003?

Why didn't FDNY feel the need during 2002 when Scoppetta first came to occupy the office of FDNY Commissioner?

Why was there no confusion that needed to be eliminated during 2002, 2003, 2004, 2005, 2006 up until November 5, 2007?

What was now happening at FDNY - that was not happening before - that caused McNally to wield his red fire ax upon 3 RCNY §11-01.

The reason is, pure and simple, the numbers. 

The numbers were given to us in CDAWG's report entitled "Strengthening the Safety, Oversight and Coordination of Construction, Demolition and Abatement Operations". It can be downloaded by clicking here. On Page 22 of the Report, CDAWG tells us that since 2002 - the year that Scoppetta first occupied the office of FDNY Commissioner - there were 6000 buildings per year under construction or demolition pursuant to Alt 1 permits and 58,000 buildings per year under construction or demolition pursuant to Alt 2 permits.  On page 14 of the report, CDAWG tells us that there 5000 buildings under demolition per year pursuant to demolition permits. That is a total of 69,000 buildings under construction and demolition per year.  If FDNY would follow 3 RCNY § 11-01, 69,000 buildings under construction or demolition would require 2 times 12 times 69,000 or a total of 1,656,000 inspections by FDNY over the course of a year. 1,656,000 inspections converted into man hours at 3 hours an inspection times 5 firefighters per inspection equals 24,840,000 man hours. A year has (365 times 24 equals) 8760 hours in it. 24,840,000 man years thus equals 2836 man years. Hence to comply with 3 RCNY § 11-01, would take 2836 firefighters working 24 hours a day 7 days a week 365 days a year for one year. An impossible burden!

So McNally chopped and hacked and whittled 3 RCNY § 11-01 down to a manageable size. In his 11/5/2007 Memorandum, McNally eliminated 15 day inspections for buildings undergoing construction and demolition pursuant to Alt 1 and Alt 2 permits and reduced the frequency to 1 time a month from 2 times per month for buildings below a 75 foot height threshold.  With McNally's chopping, hacking and whittling, 3 RCNY § 11-01 now becomes manageable for FDNY.

But why was the need to chop, hack and whittle way 3 RCNY § 11-01 felt by FDNY on 11/5/2007 and not sooner?

Isn't the answer obvious?

Because FDNY was not doing 15 inspections before the tragic August 18, 2007 fire,  the need to escape from the crushing burden of 3 RCNY § 11-01 was never felt!  FDNY felt the crushing burden of 3 RCNY § 11-01 only when the top of FDNY finally decided to put 15 day inspections into practice amongst the rank and file of FDNY. However, implementing 3 RCNY § 11-01 as written would impose a gigantic burden upon the rank and file of FDNY so Scoppetta had McNally take out his red fire ax and whittle 3 RCNY § 11-01 down to a manageable size.


Posted on Thursday, July 24, 2008 at 05:44PM by Registered Commenter[Your Name Here] | Comments Off | EmailEmail | PrintPrint

Recap of Scoppetta's Personal Involvement with 130 Liberty Street

It is time to recap Scoppetta's personal involvement with 130 Liberty Street

9/11/2001:  Scoppetta knows that 130 Liberty Street is damaged and rendered toxic

6/11/2002:  Scoppetta involved when Deutsche Bank Blocks FDNY's search for 9/11 remains. See FreePetey Article dated 9/5/2007 entitled, 'June 11, 2002 NY Daily News " Bank Blocks Hunt for 9/11 Remains"' by clicking here and the article dated 2/6/2008 entitled, 'Déjà vu all over again!' by clicking here and the article dated 12/2/2007 entitled 'A TALE OF TWO MISSIONS (or One Hand Can't Clap)' by clicking here.

11/5/2003:  Scoppetta present at the reopening of the Ten House. See FreePetey article dated 10/21/2007 entitled 'November 5, 2003: The Reopening of FDNY's the Ten House' by clicking here

5/17/2007: Pipe falls from 130 Liberty Street onto the Ten House.

Posted on Thursday, July 24, 2008 at 10:31AM by Registered Commenter[Your Name Here] | Comments Off | EmailEmail | PrintPrint

A Report to the Mayor July 2008 - A Catastophic FDNY Systems Failure

 It was important for the politicians who engineered the scapegoating of the three sidelined fire officers to appear pro-active instead of reactive; so, in advance of the conclusion of the Manhattan District Attorney's investigation, the politicians - including FDNY's politicians - brought their own investigation into the tragic August 18, 2007 Deutsche Bank Fire to a conclusion and issued a report. It is entitled "Strengthening the Safety, Oversight and Coordination of Construction, Demolition and Abatement Operations". It can be downloaded by clicking here. Its authors call themselves the Construction, Demolition, Abatement Working Group or CDAWG for short. FDNY, the Mayor's Office, DEP, DOB, and the NYC Law Dept made contributions to CDAWG. Scoppetta, Cassano, McNalley and Tobin were part of FDNY's delegation to CDAWG.

Why issue the report now? Why not wait until after the Manhattan District Attorney concludes its investigation? This report could well have been released later rather than sooner.  In the tabloids we read about celebrities who get in trouble with the law and then immediately check themselves into a rehabilitation center for drugs or alcohol. The logic behind the behavior of celebrities who get in trouble with the law is the logic behind this report.  The City wants to demonstrate to the Manhattan D.A. that it is doing something to resolve the causes that resulted in the problem.  It is FreePetey's earnest hope that the Manhattan D.A. does not accept this token of reform until the City frees the three innocent fire officers whom FDNY has exiled to the FDNY sidelines and restores them to active duty.  The City's token of reform is insincere and incomplete, until the City restores to them their dignity.

A preliminary review of the report indicates that CDAWG has wrestled with most, if not all, of the issues raised on the FreePetey website. CDAWG, however, gives no credit to FreePetey - not even a footnote. Yet, despite CDAWG's parsimony in attribution, its report completely vindicates and exonerates the three FDNY officers who were hastily and unjustly sidelined after the tragic August 18, 2007 fire at the former Deutsche Bank Building.

FreePetey was worried that, when FDNY's investigation concluded, FDNY would attribute the inspectional lapses to a rogue Captain, a rogue Battalion Chief and a rogue Divisions Chief and falsely claim that they acted like lone wolves by doing their own rogue thing unlike other Captains, Battalion Chiefs and Division Chiefs within the FDNY.  FreePetey was worried that FDNY would conclude that it had the proper systems in place and that the inspectional lapses were the result of human failure within an isolated, limited area of FDNY and not a result of a catastrophic systems failure job wide within the entire FDNY. FreePetey talked about systems failure, for example, in an article dated February 27, 2008 entitled 'Who dropped the ball? FDNY institutions failed not FDNY fire officers' which can be read by clicking here, in an article dated February 9, 2008, entitled, 'FDNY's 'Know-how & knowledge' distribution infrastructure was broken before the August 18, 2007 fatal fire and Scoppetta dropped the ball by not fixing it' which can be read by clicking here. FreePetey also discussed this in an article dated February 6, 2008 entitled, 'Déjà vu all over again!' which can be read by clicking hereIt turns out our worries were unfounded. The FDNY's investigation has concluded and CDAWG'S report "Strengthening the Safety, Oversight and Coordination of Construction, Demolition and Abatement Operations" attributes the inspectional lapses to a catastrophic FDNY systems failure. The inspectional lapses were a catastrophic management malfunction at the very top of FDNY and CDAWG did not attribute the inspectional lapse to any of the three sidelined FDNY officers.  Systems failed; people didn't. FDNY systems were flawed; not FDNY people. And the top of FDNY not its bottom was responsible for the systems that failed. To put it in computer terms, the FDNY operating system failed not FDNY applications. Apparently, FDNY systems failed because FDNY did not have any systems analysts - you know, those guys and gals with the black horn-rimmed glasses and the pocket protectors who are super smart and are the only ones who know what is really going on [FreePetey has a handful of these guys on its staff]- working for FDNY to develop the "detailed process maps" (see the 2nd paragraph on page 2 of the report) that CDAWG developed as a first step in trying to figure out what went wrong.  When the "detailed process maps" were drawn and then analyzed, it became clear to CDAWG that the inspectional lapses resulted from gross defects in the systems that FDNY had in place not the fire officers FDNY had in place and CDAWG has made extensive recommendations to fix FDNY system defects.

In this article, FreePetey will provide its view of the report.  

First, it is important to take note of its title:   "Strengthening the Safety, Oversight and Coordination of Construction, Demolition and Abatement Operations".  CDAWG is juggling three balls here and it is important to watch the three balls bounce in order to understand the meaning of the report.  The three balls being juggled are 1) Construction 2) Demolition and 3) Abatement.  As you watch CDAWG juggle these three balls keep in mind that FDNY is involved with only two of them and not the third. FDNY is involved in Construction and Demolition but not Abatement. By segregating abatement from construction and demolition, CDAWG keeps the FDNY away from any responsibility for inspecting contaminated buildings. "The Department of Environmental Protection (DEP) regulates and inspects abatement operations in the five boroughs." said CDAWG on page 1. "DEP inspectors undergo rigorous training and are well-versed in DEP rules for the proper conduct of abatement operations" on page 11. As FreePetey has said from the beginning, the local firehouses are not trained and equipped to inspect contaminated buildings. CDAWG agrees with FreePetey on this point.   Because FDNY is not to be involved in the abatement of contaminated Buildings, CDAWG does not address the internal FDNY rule that buildings be inspected in ordinary work clothes. See, FreePetey's 2/12/2008 article entitled "Ordinary Work Clothes & the 'snowball effect'" by clicking here.  Firefighters will continue to enter buildings under construction and demolition in ordinary work clothes.  Firefighters will stay out of buildings under abatement and hence the local firehouses need not be equipped with special equipment and training and FDNY need not allocate three units to an inspections - one to inspect, a second to decontaminate and a third to cover.  [Note: Not considered in the report is how FDNY will handle a Class A, B, C, D, E building that is under abatement whose regular cyclical inspection is coming up. Put your thinking caps back on CDAWG. Perhaps the cross-training of DEP inspectors that CDAWG desires or the FDNY SOC mentioned on page 12 will cover this]  This report confirms that the job of inspecting contaminated buildings ought not to be the job of the local firehouses of FDNY.  Even though FDNY was a part of CDAWG and has come to the public conclusion that contaminated buildings are beyond the ability of the local firehouse's to inspect, why is it that the three FDNY fire officers are still being sidelined?  Doesn't the FDNY delegation to CDAWG understand the implications of its own report?

The report begins with the claim that "The City immediately recognized that the fire raised broader questions about the way that construction, demolition and abatement operation are regulated and conducted, and the extent to which the activities of the City agencies primarily responsible for overseeing these operations are coordinated. (Page 1)". This is bullshit- rubbish.  If the City Immediately recognized the broader questions, the City would never have tried to scapegoat the three FDNY officers who were hastily and unjustly sidelined. The City recognized the broader implication not immediately but only after the friends of the three sidelined FDNY officers started to speak up and out to prevent them from being railroaded by their perfidious leader. That is when the City eyes were opened to broader implications. The City's immediate recognition was "Oh, shit, we f@#$ed up!" Don't flatter yourselves with an unwarranted claim of perspicacity. You were blinded by the headlines and the clamor of the rabble and sacrificed three good fire officers to appease them. Disgraceful!

 * * * * * * * * * *

The 3rd Page:  On the third page of the report - it is not numbered - is a list of the members of the Construction, Demolition and Abatement Working Group. Listed is the FDNY's delegates to it.  Question:  How many 15 day inspections did any of the FDNY delegates to CDAWG make, at what addresses and where are the reports?  Did they ever make any? Do they know of anyone who made any?

 * * * * * * * * * *

Page 3:  "... inspectors and other responders must have proper training and personal protective equipment to do the job."  This is what FreePetey has said from the beginning.  See, for but one example, FreePetey's artile of October 5, 2007 entitled 'The Duty to Inspect' by clicking here. The Ten House had neither the training nor the equipment to do the job. Why are the three FDNY fire officers still being sidelined given that CDAWG has publicly acknowledged the exigency of training and equipment?

 * * * * * * * * * *

Page 3:  "12.  DEP should formally establish a policy that strictly limits simultaneous abatement and demolition work, and require a variance - including review by DOB and FDNY - to undertake it.  The single track approach is better than the double track approach because the double track would have FDNY and DEP to overlap.  Single Track eliminates overlapping oversight. Keeping FDNY away from abatement operations allows FDNY to continue to have inspections done by the local firehouse in non-contaminated buildings without the need for special resources being allocated to them for contaminated buildings. Knowing that contaminated buildings are sui generis, why are the three FDNY fire officers still being sidelined?

 * * * * * * * * * *

Page 5:  "FDNY should amend Rule 11-01 and other inspection requirements to establish appropriate frequency and scope of demolition inspections by the Department.  This is discussed below on Page 29. Currently FDNY is operating in violation of the NYC Administrative Procedure Act; yet, FDNY is not sidelining anyone for such violation.

 * * * * * * * * * *

Page 5:  "Non Jurisdictional Buildings 33.  The City should pursue state and federal legislation to require that any building built or demolished in New York City is subject to the City's Building and Fire Codes, regardless of owner. Until that requirement is in place, the City should seek to enter into agreements with Federal, State and international building owners to allow DOB and FDNY to conduct inspections and assure code compliance so that these agencies have critical information about conditions at these properties that could affect public safety.  This will be discussed below. See, for example, the FreePetey Article of December 6, 2007 entitled Jurisdiction Revisited by clicking here.



Page 12 on which it is said "The Working Group also reviewed the capacity of properly trained and equipped ... FDNY personnel to enter containment areas in response to emergency situations or to conduct an inspection.  The members of the FDNY Special Operations Command (SOC) are trained and equipped to enter containment or other hazardous areas that require personal protective equipment ("PPE")."  Notice that CDAWG omits local firehouses as FDNY units trained and equipped to handle contaminated buildings. Does that omission mean anything to the FDNY delegation to CDAWG? FDNY was a part of CDAWG and permitted the CDAWG report to say that only FDNY Special Operations are fit for toxic buildings, yet, why are the three FDNY fire officers still being sidelined? Something is not fair here!

 * * * * * * * * * * 

Page 12:  " FDNY and DOB personnel should be properly trained and equipped to conduct these [abatement operation] inspections ".  What FDNY personnel? FDNY Special Operations not the local fire houses.  The local firehouses are not mentioned in CDAWG's report. How can CDAWG come to the conclusion that contaminated buildings are the responsibility of someone other than the local firehouse, FDNY be part of CDAWG, yet, FDNY continues to sideline the Fire Officers responsible for the local firehouse? Where is the fairness for the three sidelined fire officers?

 * * * * * * * * * * 

Page 13:  "Footnote 33:  To implement this recommendation, DEP, DOB, and FDNY should establish criteria that must be met to conduct simultaneous abatement and demolition, which should be adopted in its rules or internal procedures of each agency. At a minimum, the procedures should (i) require a join evaluation of the proposed operation by DEP, DOB and FDNY; and include (ii) inspection protocols for each agency ...  At a minimum, FDNY ought to have had inspection protocols for a building undergoing abatement and demolition.  Take a look, for example,  at FreePetey's Article dated 5/26/2008, entitled, 'Let's "sideline" them for violating an FDNY protocol that did not exist before the August 18, 2007 fire: Chapter 8, or, First finalize the procedure then Inspect' by clicking here. Or take a look at FreePetey's Article dated 11/5/2007 entitled 'Is Captain Peter Bosco being framed for violating rules that did not exist during his assignment to Ten Engine?' by clicking here. CDAWG says that FDNY ought to have such a protocol. That means that such a protocol did not exist. That means the three officers are being framed for violating a protocol that did not exist! Only in America! In the land of the free and the home of the brave, the little guys get sidelined while the big guys stay in the game!

  * * * * * * * * * *

Page 13:  The Working Group conducted an end-to-end review of the demolition process, including extensive working sessions and site visits with ... FDNY...  CDAWG is claiming here that CDAWG was thorough.  End-to-end review sounds complete. Working sessions and site visits with FDNY sound like no stone was unturned. Kudos to CDAWG for such extraordinary effort! During such an extraordinary investigatory effort, CDAWG certainly asked FDNY personnel "Did you ever do a 15 day inspection for a building under demolition and if so, at what address?"

"How many were done in Fiscal Year 2007?"
"How many were done in Fiscal Year 2006?"
"How many were done in Fiscal Year 2005?"
"How many were done in Fiscal Year 2004?"
"How many were done in Fiscal Year 2003?"
"How many were done in Fiscal Year 2002 when Scoppetta became your Fire Commissioner?"

Surely, an end-to-end review of the demolition process would include such obvious questions like this? Yet, mums the word for CDAWG. CDAWG says next to nothing about FDNY's 15 day inspections of buildings under demolition prior to the tragic fire! FreePetey has commented on them. See the series of FreePetey articles the first one is dated July 8, 2008 and is entitled 'Compare the records of NYC DOB and FDNY" by clicking here. Did CDAWG compare the records? Why was it important for CDAWG to say next to nothing about such inspections? Is it because Scoppetta and his henchmen were members of CDWAG and CDAWG did not want to embarrass its own members.  Meanwhile, the FDNY delegation to CDAWG had no qualms about throwing the three sidelined officers under a bus and keeping them there (Click Here)! Is this the kind of report that comes out when the foxes are in charge of the hen house?

  * * * * * * * * * *

Page 14:  Since 2002, DOB has issued approximately 5,000 demolition permits per year ... Hmmm! Let's count.  5,000 buildings under demolition per year since 2002.  2002 is the year Scopetta occupied the office of FDNY Commissioner.  By 2003, the total would be 10,000. By 2004, the total would be 15,000. By 2005, the total would be 20,000. By 2006, the total would be 25,000. By 2007, the total would be 30,000.  2 inspections per building per month means that FDNY - if FDNY would have actually been doing 15 day inspections of buildings under demolition - would be doing 60,000 inspections per month or 720,000 per year or 4,320,000 in total from 2002 - 2007.  4,320,000 is a shit load lot of 15 day inspection. Moreover, note that this does not include buildings under construction during this time frame. There is a story in the Bible about Abraham and the cities of Sodom and Gomorrah. Abraham asked God, "Will you sweep away the innocent with the guilty?" and started bargaining with God to spare Sodom and Gomorrah if Abraham could find 50 innocent men therein.  Abraham obtained from God a promise to spare the cities if 10 innocent men were found.  So let us ask CDAWG this.  How many of these 4,320,000 15 day demolition inspections during the time that Scoppetta held the office of FDNY Commissioner were actually done by FDNY and if so at what addresses? What do you say CDAWG? Can you show us 50? Can you show us 10?

[Deep Throat has suggested to FreePetey that we now convert these 4,320,000 15 day inspections into FDNY man hours. Once again FreePetey thanks Deep Throat for all the help during these hours of crisis]

Let us assume that a thorough inspection takes 3 hours. Moreover, keep in mind that an inspection is not done by one firefighter. It takes five firefighters to do an inspection.  4,320,000 15 day demolition inspections times 3 hours = 12,960,000.  12,960,000 times 5 men = 64,800,000 man hours from 2002 - 2007 to do the 15 day demolition inspections (the 15 day construction inspections are not included). 64,800,000 man hours is a shit load lot of hours! 1 year is composed of 365 days. In a year there are 24 hours times 365 day = 8760 hours.  To do just the 15 day demolition inspections from 2002-2007 required (64,800,000 man hours divided by 8760 hours) 7397 man years.  In other words, from 2002-2007 a period of 6 years, for FDNY to do the required 15 day demolition inspections, FDNY would have devoted 7397 man years.  Divide that over the 6 years from 2002-2007 and for 15 demolition inspections alone requires 1233 many-years each year.  That's devoting 1233 firefighters 24 hours a day, 7 days a week for the entire year! Obviously, 15 day demolition inspections alone would overburden FDNY let alone 15 day construction inspections, regular inspections of A, B, C, D, and E buildings and the fires that need to be put out.  Is it any wonder that FDNY many decades ago, decided to not do any 15 day inspections at all (Click Here). Such a huge expenditure of FDNY resources - if they were expended at all - would certainly appear on FDNY budgets through the years, no? If such expenditures do not appear on FDNY budgets, the absence would be further confirmation that 15 day inspections were simply not done by FDNY. What did the budgetary allocation look like in FDNY's budget for the conducting of so many man hours of 15 demolition inspections and then add on for the 15 day construction inspections? Does FDNY's budget contain any allocation for any 15 inspections? FreePetey wrote about this in an article dated Sept. 5, 2007 entitled, "Follow the money..." that can be read by clicking here.

 * * * * * * * * * *

Page 18:  "Issue 9: ... Under current law, construction and demolition activity requires a DOB permit, and FDNY is required under its rules to inspect construction and demolition sites every 15 days"  citing to footnote 56 that says "In November 2007, an internal FDNY policu was put in place to inspect those demolition and construction porjects less than 75 feet high every 30 days. See FDNY Memo "Buildings under Construction or Demolition" From Patrick McNally, Chief of Operations, November 5, 2007.  FreePetey has said that FDNY's unilateral amendment of 3 RCNY §11-01(a) made a lot of sense but was in violation of the NYC Administrative Procedure Act. 

See: FreePetey Article of 1/14/2008 entitled "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

 Also see, FreePetey Article of 7/8/2008 entitled "Compare the Records of NYC DOB and FDNY" by clicking here

Apparently the Construction, Demolition and Abatement Working Group now agrees with FreePetey.  Will Scoppetta sideline himself and the Big Brass who violated the NYC Administrative Procedure Act or is "sidelining" just reserved for the bottom of FDNY? Is it fair that Scoppetta and the Big Brass can violate the NYC Administrative Procedure Act and not be sidelined? What does Mayor Bloomberg have to say about the Rule of Law within the City of New York?


 * * * * * * * * * *

Page 19  "Rec. 15: DOB should formally notify FDNY whenever a construction or demolition permit is issued.  FreePetey has talked about notification in an article dated 2/27/2008 entitled "Who dropped the ball? FDNY institutions failed not FDNY Firefighters?" To read it, click here. See that part of the article entitled "And they're off.."


 * * * * * * * * * *

Page 22: "FDNY has a quality assuarance (QA) program for its inspections" citing footnote 81 which says "FDNY Battalion Chiefs are required to audit inspections conducted by local companies and take appropriate action to ensure that inspections are conducted properly". FDNY's quality assurance program is illustrative of much. You can see the report that FDNY's Battalion Chiefs used to audit inspections by reading FreePetey's Article dated July 8, 2008 entitled "Compare the records of NYC DOB and FDNY by clicking here.  Moreover, a downloadable PDF of the report can be found by clicking here.  This is the "compliance report" that existed on and beofre August 18, 2008 mentioned on page 28 of the Report. Take notice that FDNY's quality assurance (QA) program that was in place on and before August 18, 2007 only audited A,B,C,D & E buildings. Buidlings under 15 day inspections were not audited by Battalion chiefs because before August 18, 2007 15 day inspections were not being conducted by FDNY.  The 15 day inspection mandate was an unfunded and unimplemented mandate. It existed on FDNY's books but was never implemented, funded and put into practice. If FDNY were doing 15 day inspections, don't you think FDNY's quality assurance (QA) program would have assured the quality of 15 day inspections? What does the absence of 15 day inspections from FDNY's quality assurance (QA) program's report say to you?


 * * * * * * * * * *

Page 24: "Since 2002, DOB has issued a yearly average of approximately 6,000 Alt1 permits and 58,000 Alt2s..." You do the arithmetic. How many man hours  would FDNY have to devote to properly inspect all of these construction and demolition jobs?

 * * * * * * * * * *

Page 25:  "In Fiscal Year 2008, uniformed inspectors conducted 65,307 building inspections, including 8,924 15 day inspections of buildings undergoing construction or demolition."  How "cute" are the numbers?

What is the number of 15 day inspections for Fiscal Year 2007?

What about Fiscal Year 2006?

What about Fiscal Year 2005?

What about Fiscal Year 2004?

What about Fiscal year 2003?

What about Fiscal Year 2002?

Is that number zero?

Why did the Working Group saying nothing about the 15 day inspections in those years? Look who from FDNY participated in the Working Group on the third page. Did any of the FDNY participants as they moved up the ranks through the hierarchy of FDNY ever themselves do any 15 day inspections? Did anyone ask the FDNY participants who moved up through FDNY's hierarchy these questions? If so at what addresses and where are the inspection reports? Moreover, take a look at on page 15. It shows 1,927 demolitions in 2008.  Figure 2 mandatory 15 day inspections per month for half a year or 12 inspections per building being demolished for a half of a year until July when the report was issued.  1,927 demolitions times 12 = 23, 124 demolition inspections. The 8,924 number falls considerably short of the number of inspections required by 3 RCNY §11-01(a) for demolitions.  Moreover, this is a figure solely for demolition. What about construction? If you add the construction numbers in the shortfall is by a far greater magnitude!

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Page 27 " Last fall, FDNY determined that some local Companies were not conducting inspections of construction and demolition sites every 15 days ..."  Bullshit. Bullshit. Bullshit. Or as Gomer Pyle used to say to Sergent Carter in a southern twang, "For shame, for shame, for shame." What an abuse of an adjective! How cunning is CDAWG that it has attempted to hide the truth by subsitituting the word,'some' for the word 'all'. 'Some', however, is not a big enough word to cover up the truth. The truth is poking out from underneath it like a big hot dog pokes out of a tiny bun. 'Some' converts CDAWG's report into a work of fiction - poor fiction.  Good try, CDAWG, but you were caught with your pants down and your obfuscation in your hand. "For shame, for shame, for shame." Let us ask a question: if CDAWG knew that all local Companies were not conducting 15 day inspections yet reduced all to some, is such an obfuscation considered the filing of a false instrument? CDAWG what did the FDNY delegation to CDAWG say about the sentence: "Last Fall FDNY determined that some local Companies were not conducting inspections of construction and demolition sites every 15 days." When you ran this sentence by Scoppetta, did he say, "Yeah, that's true?". When you ran this sentence by Cassano, did he agree that it was true? When you ran it by McNalley, did he tell you "some" or "all"? What did Tobin say about it?  CDAWG, did you ask any of the four whether any of them had been involved in a 15 day inspection, and if so, at what addresses?  For shame, for shame, for shame. FreePetey wonders what these four fire officers would say under oath when sworn to tell the truth, the whole truth and nothing but the truth.  Every fire officer that FreePetey has interviewed without exception has said that they never conducted any 15 day inspections in their careers. Yet, CDAWG cunningly tries to increase the incidence of 15 day inspections from none to some. CDAWG's cunning use of the word 'some' for 'all' must be understood in light of the other cunning obfuscation that CDAWG used in this report. CDAWG reported on page 25 that 8924 15 day inspections were done in Fiscal Year 2008.  This is obfuscation by omission. CDAWG loudly said nothing about the number of 15 day inspections in prior fiscal years. A strange omission, no? Why is CDAWG embarrassed to give us these numbers in their report?  Again, CDWAG is caught with its pants down and its obfuscation in its hand. For shame, for shame, for shame, By the way, how many buildings is 8,924 15 day inspections in Fiscal Year 2008? 15 day inspections are two a month or 24 a fiscal year per building. 8.924 divided by 24 equals 372 buildings! On Page 14 of the report, CDAWG says that 5000 buildings are being demolished per year. This 5000 number does not include the buildings under construction.  372 compared to 5000. What a shortfall! According to these numbers, FDNY is still not complying with the 15 day mandate! Do you understand why FreePetey calls the inspectional lapses a catastrophic systems failure! Come on, CDAWG, the numbers that you put forth tell us more than you want us to know! For shame, for shame, for shame.

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Page 28:  Issue 24: Upgrade of FDNY Databases and internal communications and administrative systems. FDNY currently uses multiple databases and paper-based systems that do not facilitate efficient data sharing within and outside the agency.  FreePetey wrote about this in an Article dated 2/9/2008 entitled "FDNY's 'Know-how & knowledge' distribution infrastructure was broken before the August 18, 2007 fatal fire and Scoppetta dropped the ball by not fixing it". It can be read by clicking here. Once again CDAWG has borrowed FreePetey's suggestion.

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Page 29: Rec. 28: FDNY should amend Rule 11-01 and other inspection requirements and establish among other things, the appropriate frequency of construction and demolition inspections to maintain public safety. FDNY should revise its rules to reflect its inspection practices and should track and regularly report the results of required inspections under the revised rules.    FreePetey has said that FDNY's unilateral amendment of 3 RCNY §11-01(a) made a lot of sense but was in violation of the NYC Administrative Procedure Act. 

See: FreePetey Article of 1/14/2008 entitled "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

 Also see, FreePetey Article of 7/8/2008 entitled "Compare the Records of NYC DOB and FDNY" by clicking here

Apparently the Construction, Demolition and Abatement Working Group now agrees with FreePetey.  Will Scoppetta sideline himself and the Big Brass who violated the NYC Administrative Procedure Act or is "sidelining" just reserved for the bottom of FDNY? Is it fair that Scoppetta and the Big Brass can violate the NYC Administrative Procedure Act and not be sidelined? What does Mayor Bloomberg have to say about the Rule of Law within the City of New York?

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Posted on Wednesday, July 16, 2008 at 09:07AM by Registered Commenter[Your Name Here] | Comments Off | EmailEmail | PrintPrint
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