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In the aftermath of 9/11/2001, FDNY inspections of the contaminated buildings at ground zero fell through the cracks.  9/11 intoxicated the ground zero buildings with lethal chemical poisons ready to slowly leach the life out anyone foolish enough to expose themselves to them without the proper dermal and respiratory protection on entrance and without the proper decontamination on exit. 

FDNY had a 15 day inspection rule since at least 1991.  This rule did not contemplate construction and deconstruction work in toxic buildings.  The toxic ground zero buildings came after the rule was written on the books.

Sine 9/11/2001, the FDNY dropped the ball. FDNY failed to reconcile the existence of toxic ground zero buildings with the 15 day rule.  The very top of FDNY was aware of the 15 day rule. They were aware of the events of 9/11/2001. In fact, FDNY Chief of Operations Cassano received official notification that work in the toxic Deutsche Bank Building was in the process of beginning.  Certainly FDNY had enough time to reconcile the 15 day rule with the existence of toxic ground zero buildings. Yet, FDNY did nothing in the balance of 2001. FDNY did nothing in

2002

2003

2004

2005

2006

and has done nothing yet in 2007 although Deep Throat has told us that the FDNY Big Chief of Manhattan is presently working with the Department of Labor to reconcile the 15 day rule with the existence of toxic ground zero buildings.  We'll see.

Here is an excerpt from, The Charge of the Fire Brigade 

But no haz-mat suits for you
no guidance from FDNY too
How you do it is up to you
risk your lungs and your health
Meet my quota of 2 a month, Bloomberg and Scoppetta said
We'll decontaminate you after your dead
Inspect while we blunder

Was there a man dismay'd?
Not tho' the firefighters knew
Someone had blunder'd?
Bloomberg and Scoppetta scoff:
"Their's not to make reply,
Their's not to reason why,
Their's but to inspect and die."
Into the skyscraper of Death
Inspect while we blunder.

The whole megillah can be found by clicking here. 

There are those who hold the opinion that the fifteen day rule is inflexible: It applies regardless whether a building is contaminated by 9/11 dust, radioactivity, anthrax or whatever.  The fifteen day rule can be seen by clicking here.  The fifteen day rule says 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. 3 RCNY 11-01(a)  click here.

There are other more reasonable people who hold the opinion that the fifteen day rule was built upon an assumption. The assumption of the fifteen day rule was that the building being inspected was "clean" and firefighters could walk in and out of the building without any special training or equipment other than their normal, ordinary gear.  Former Fire Commissioner Von Essen seems to agree with us. Click Here. We say that the fifteen day rule was built upon this assumption because it is silent about how to handle "dirty" buildings contaminated by 9/11 dust, radioactivity, anthrax or other toxins.  It is silent because it was enacted in 1991 and did not contemplate the happening of events such as 9/11 or dirty bombs or nuts who deliver anthrax.

A different time 

If the year was 2000 or any year before 9/11/2001 and the now über toxic Deutsche Bank Building was not über toxic and it was then under construction or deconstruction and the local firehouse did not comply with the fifteen day rule, there would be cause for criticism.  The building being inspected was "clean" and firefighters could walk in and out of the building without any special training or equipment other than their normal, ordinary gear. 

A different place 

If the place was other than über toxic Deutsche Bank Building. Say a place in Queens or Staten Island. And it was there under construction or deconstruction and the local firehouse did not comply with the fifteen day rule, there would be cause for criticism. The building being inspected was "clean" and firefighters could walk in and out of the building without any special training or equipment other than their normal, ordinary gear.

This place and this time

 However, the reality was that the building being inspected was not "clean" but "dirty" and firefighters could not walk in and out of the building without any special training or equipment other than their normal, ordinary gear. Special training and equipment were needed and FDNY supplied neither special training nor special equipment. In this reality, there is no cause for criticism of the local firehouse.  Deserving of criticism is the very top of FDNY who failed to supply the special training and special equipment as was it FDNY's duty under every single Labor Law of the State of New York.

FreePetey's past blogs about the fifteen day rule are found as follows:

It is undisputed that Ten Engine

1. was without any special training on how to operate within 9/11 contaminated buildings at ground zero: to safely get in and safely get out without exposing themselves to the noxious toxins and without dragging the noxious toxins out of the Deutsche Bank building and into the surrounding community, into the fire engines, into the firehouse, into the vehicles of the firefighters and into wherever the contaminated firefighters went. (This is called cross-contamination and its "vector" is the lack of decontamination.) and
   
2. did not have any special haz-mat gear but only their normal, ordinary gear. (Click here)
   

The mystery, therefore, is not Engine 10's stopping inspections at the toxic Deutsche Bank Building but the starting of inspections.  What were the circumstances within which inspections started at the toxic Deutsche Bank Building after 9/11/2001? Who started them? When, after 9/11, did they start? What about inspections in the other WTC Contaminated Buildings? What instructions were given when they started? Who gave the orders? Were any orders given? Who sent the firefighters into the toxic Deutsche Bank Building without special training and special gear?

The chain of events begins on 9/11/2001 and ends at the present. 

FreePetey's past blogs about the fifteen day rule are found as follows:

We have written about the fifteen day rule in past blogs. The fifteen day rule can be seen by clicking here.  The fifteen day rule says 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. 3 RCNY 11-01(a)  click here.

FreePetey's past blogs about the fifteen day rule are found as follows:

• 10/5/2007 - THE DUTY TO INSPECT - Click Here
  
• 9/23/2007 - FDNY ENGINE 10 ORDERED BACK INTO 130 LIBERTY STREET - Click here.
• 9/18/2007 - NYS LABOR LAW §27-a(3)(a)Duties by Click here.
  

Since the beginning, we have consistently asserted that the fifteen day rule did not contemplate toxic buildings.  The assumption of the fifteen day rule was that the building being inspected was "clean" and firefighters could walk in and out of the building without any special training or equipment other than their normal, ordinary gear.  Former Fire Commissioner Von Essen seems to agree with us. Click Here. It made sense that this was the case but it is one thing to assert it and quite another thing to prove it. 

One of the reasons for this website is that this is a complex case. Complexity requires that ideas percolate through the mind over a long period of time so the mind can digest them and make sense of them.  After sufficient percolation, complex ideas become simple. Anyone who thinks he or she can understand all of the facts of this case in an instant is making a blunder of the highest magnitude. Some critics will say that "percolation" can be done privately without doing it publicly.  If Captain Bosco was guilty of dereliction of duty, this website would not exist and all of our "percolating" would take place privately.  But Captain Bosco is not guilty of dereliction of duty and an innocent man has no fear of the light of day. Public "percolation" that reduces the complexity to simplicity benefits everybody and enables everybody to understand the facts.  Captain Peter Bosco was raised a Christian in the Roman Catholic tradition.  In Staten Island, he attended St. Dorothy's Academy for kindergarten, St. Sylvester's grammar school and Monsignor Farrell High School.  He is well familiar with the biblical verse that says:

No one lights a lamp and hides it under a bowl or puts it under a bed. Instead, everyone who lights a lamp puts it on a lamp stand so that those who come in will see the light. Luke 8:16

 The lamp of Captain Bosco's innocence has been lit and it will shine forth for all to see.

Sorry for the digression.

What has all of this to do with providing evidence that the fifteen day rule did not contemplate toxic buildings?

About 5:30 this morning it dawned on us: the dates, the dates.  We had an easy time aserting it but a tough time showing it because we were thinking too generally.  When we started to think more particularly the solution became clear.

When we looked at the text of the fifteen day rule again  (click here) we noticed that at its bottom it said

1991.  The fifteen day rule originated in 1991. Being that the fifteen rule was originated by lawmakers in 1991, it can be said with 100% certainty that the lawmakers who enacted the fifteen day rule did not contemplate the 9/11/2001 terrorist attack on America and the ground zero buildings contaminated by toxic chemicals ready to slowly suck the life out of those who would foolishly enter therein without the proper respiratory and dermal protection and exit therefrom without decontamination.

Because it dawned on us that the date of the fifteen day rule was years earlier than the happening of 9/11/2001, instead of being hard, it became easy to demonstrate that the fifteen day rule did not contemplate the advent of toxic ground zero buildings.  In fact, it now became impossible to take the position that the fifteen day rule written on the books many years before 9/11/2001 covered the toxic buildings created by 9/11/2001. They simple did not exist.

Let us recall the verse from the Charge of the Fire Brigade (Click Here) that goes

 Instead of being irrelevant doggerel, the logical basis behind the verse now becomes clear:  the 15 day rule written on the books years before the events of 9/11/2001 did not contemplate 9/11 contaminated buildings. It couldn't possibly have for the contaminated 9/11 buildings did not exist when the fifteen day rule was written on the books.

Suppose there was a building in the process of being demolished.  Instead of being contaminated by toxic 9/11/dust, terrorists contaminated it with radioactivity or anthrax. Surely, Batberg and Boy Blunder (Click Here) wouldn't commit political suicide by  announcing at a press conference that the firefighters will continue to inspect these radioactive and anthrax contaminated building every fifteen days without any protective equipment or training. Surely, radioactive and anthrax contamination would bring FDNY inspections by those without proper protective equipment and training to a halt! The Deutsche Bank Building has been called "a vertical love canal" and ground zero "the most dangerous work site in America".  Yet, Batberg and Boy Blunder (Click Here) have "sidelined" Captain Bosco and two fire chiefs for not going into and out of "a vertical love canal" and "the most dangerous work site in America" without the proper equipment and training.  What's wrong with this picture? Does this make sense?

Show me the "all clear".   From 9/11/2001 to the present day, show me any Federal, State or City announcement or document that Deutsche Bank Building was "all clear": it was safe to go into and out of without special gear or training.  Show me one single Federal, State or City announcement or document that the Deutsche Bank Building was back to normal. Show me! Where is the green light?  Where is the Welcome sign inviting ordinary visitors without special training or equipment back into the Deutsche Bank Building. Where is it? Where is the declaration that the Deutsche Bank was safe to enter and exit? On What day was it issued? To whom was it issued? Who issued it? What did it say exactly? What Federal, State or City agency cooperated and joined in its issuance? Show we the Good Housekeeping seal of approval certifying that the Deutsche Bank Building was free of toxins! Show me! Show me where anyone from FDNY told anyone from Engine 10 that it was now safe for them to go into the off-limits Deutsche Bank Building. Show me.

We will never see such a document because such a document does not exist. The Deutsche Bank building has never been declared safe by any Federal, State of City agency because, since 9/11/2001, the Deutsche Bank building has never been safe. The toxicity created on 9/11/2001 continues to the present day.  FDNY has never issued an "all clear" to Engine 10.  FDNY has never told Engine 10 that it is now safe to recommence their regular inspection routine with regard to the Deutsche Bank Building in their normal, ordinary gear and without any special training.

One would think, would one not, that when a building, made off-limits by contamination via 9/11 dust, radioactivity, anthrax or some other toxin, becomes safe for ingress and egress without any special gear or training,  that an official announcement would be made? The undisputed fact that an "all clear" was never issued - officially or unofficially - with regard to the Deutsche Bank Building is significant, no?

This leads again to the reason we believe that Batberg and Boy Blunder (Click Here) are engaged in a vile attempt to blame three fine firefighters instead of the real culprits. There is a fifteen day inspection rule on the books that originated in 1991.  The world changes on 9/11/2001.  Although the world changed on 9/11/2001, FDNY never re-writes the fifteen day rule to take into account the World Trade Center Contaminated Buildings. They did not take into account the Contaminated 9/11 buildings during the remainder of 2001. They did not take it into account in

2002

2003

2004

2005

2006 or

2007.

FDNY still has not taken them into account as you read this (Click Here).  When FDNY had all of these years to take into account the World Trade Center Contaminated Buildings - and failed to do so - the blame, members of the jury, does not fall upon the local firehouse, it falls upon the very top of FDNY and the City of New York.