Restore Power to Building Inspectors
Developers' License to Cheat

By NEAL TEPEL

In 1995, Mayor Rudolph W. Giuliani reduced the number of civil service city inspectors while expanding a self-certification system for contractors. Although a concern of the District Attorneys' Office, in the boroughs and many community organizations, the Giuliani administration expanded the self-certification process. The city inspectors unit was almost eliminated, making it nearly impossible to have the Buildings Department conduct a proper review of a project in a timely manner.

Neal Tepel is president of the Civil Service Merit Council.

This Giuliani plan decimated the building inspector workforce and placed New Yorkers in danger. By 2006, 48 percent of the 7,000 new building applications were self-certified.

Do It Themselves

Self-Certification is a process by which licensed professionals may bypass a full review of a building project by the New York City Department of Buildings. "The Department offers a Professional Certification Program which enables Registered Architects (RA) and Professional Engineers (PE) to certify that the plans they file with the DOB are in compliance with all applicable laws. This reduces the amount of time a builder normally has to wait for a Buildings Department permit by eliminating the process of Department examination and approval of the plans."

Prior to 1995, inspectors from the Buildings Department handled most reviews and approvals. The Buildings Department also provided close oversight to construction projects. The Giuliani self-certification program gave contractors the green light to have their projects approved by the architects and engineers that they hired. Many professionals who self-certified have been investigated for approving plans that did not conform to building codes and zoning regulations. Through the years the School Construction Authority has also relied on self-certification, allowing an architect employed by a developer to approve a project rather than an employee of SCA.

Taking Liberties

The self-certification process has made it easier for contractors to take liberties with building codes and zoning restrictions. We will never know the extent of injuries and deaths caused by the Giuliani plan. An audit conducted by the Department of Buildings in 2006 revealed that 57 percent of self-certified new building plans that year failed to comply with building codes. The Occupational Safety and Health Administration reported that more than 98 construction workers in New York City have been killed since 2001. The city reported 29 fatal construction accidents from Sept. 30, 2005 to Sept. 30, 2006, most from falls. Many small firms that use nonunion labor openly flout laws and regulations. These marginal firms don't file building permits, nor are they concerned with public safety.

Numerous city homeowners have suffered the consequences of the self-certification program. One of many examples of this flawed policy is the Robert Scarano saga. In the last two years, three construction-related fatalities have occurred at sites of buildings designed by Scarano. In 2005, Arturo Gonzales, 27, was struck and killed by an 800-pound steel girder at 187 20th Street in Sunset Park, and Heng Zheng, 50, fell to his death at 207 South 1st Street in Williamsburg. In 2006, Anthony Duncan, 47, was killed when a garage wall collapsed at 733 Ocean Parkway in Flatbush.

Slap on Wrist

Scarano was brought before the city's Office of Administrative Trials and Hearings for alleged building code and zoning violations on 32 self-certified projects. Settled in August 2006, he surrendered his self-certification privileges but continued to run one of the largest architectural firms in Brooklyn. He admitted no guilt and suffered no penalty.

The practice of self-certification clearly needs to be replaced by qualified civil service building inspectors. Construction projects both in the private and public sector need to be more carefully monitored by city agencies. Civil service construction managers employed by the municipality should be the responsible agents for certification and approval. With the rapid rise in code violations and accidents, it's more important than ever that sufficient numbers of qualified inspectors and construction managers be hired by New York City.