'Deutsche' Inspection Fallout: Discipline 7 FDNY Commanders

JOHN J. McDONNELL: Accuses FDNY of 'hypocrisy.''

The Fire Department relieved two officers of their commands June 25 as a result of Department of Investigation findings that under their watch fire companies failed to inspect the Deutsche Bank building, where a fire in August 2007 and existing code violations led to the deaths of two Firefighters.

Several investigations have concluded that an illegally cut standpipe and blocked exits contributed to the deaths of Firefighters Robert Beddia and Joseph Graffagnino, and that the FDNY failed to inspect the building, which was undergoing a controversial simultaneous abatement and demolition, for more than a year prior to the fire, even though it was mandated to do so every 15 days.

2 Stripped, 5 Reprimanded

Deputy Chief Richard Fuerch has lost command of Division 1 and Capt. Peter Bosco has lost command of Engine Co. 10—located across from the World Trade Center site—for failing to lead inspections. Five other officers received disciplinary reprimands in connection with the failure to inspect: Deputy Chief Paul Cresci, Deputy Chief John Bley, Deputy Chief Roger Sakowich and Battalion Chief Ronald Schmutzler.

STEVE CASSIDY: Firefighters still left in dark.

Deputy Chief Fuerch has been reassigned to training duties at the department's Fort Totten facility and Captain Bosco has been assigned to administrative functions. The two, along with Battalion Chief John Mc- Donald, who has retired and thus avoided disciplinary action, were temporary relieved of duty on Aug. 27, 2007, a move Uniformed Fire Officers Association President John J. McDonnell blasted at the time as a "rush to judgment."

While Mr. McDonnell last week called the reprimands and relieving of commands the "most lenient, informal disciplinary action" available under FDNY regulations, he claimed that the seven officers were scapegoats and that the department has historically ignored its building inspection duties.

'Not Enough Time for Inspections'

"With thousands of buildings to inspect each year in which New Yorkers live, work, and play—and with senior management of the Fire Department then allocating only six hours each week for building inspections, and placing the entire inspectional burden on the shoulders of local companies— there simply wasn't enough time to inspect unoccupied buildings being built or demolished," he said in a statement. "As an institution, the Fire Department knew and accepted that buildings under construction were rarely, if ever inspected, and certainly not every 15 days as local law prescribes. So for the Department to now spin the story as if it had ferreted out the few bad apples who failed to honor the 15-day rule is nothing short of hypocrisy."

Mr. McDonnell continued, "Indeed, the part of the story that the FDNY would have the press ignore is that, among other failings, FDNY senior management did not include in any training program the inspection of buildings under construction/demolition; it had no plan in place for inspecting toxic buildings like [the Deutsche Bank building]; and while it issued numerous checklists for field officers to use when inspecting a variety of buildings, none were ever issued for buildings under construction/ demolition until after the [Deutsche Bank building] fire. Furthermore, while the department kept statistics on inspections of occupied buildings, until after the fire, none were kept for buildings under construction or demolition."

Unfairly Tainted Reputations

He believed that the reputations of these officers had been unfairly tainted as a result of the disciplines, but reiterated that their jobs were not in jeopardy.

"No formal disciplinary charges were brought, no fines were levied, and no loss of rank or privileges was involved," he said. "In tacit recognition that any greater action would have been grossly unfair, the seven fire officers were merely 'instructed and reprimanded' with no greater admonishment or consequence."

As a result of the deadly fire, the City Council recently passed a set of bills that would make asbestos-abatement procedures stricter, reinforce smoking bans at construction, demolition and abatement sites and increase communication between the three agencies that oversee CDA projects. In addition, the city reached an agreement with the Manhattan District Attorney's Office pre-empting a criminal case against it under which it would implement several new procedures to ensure safety at CDA sites.

The DOI report suggested that the FDNY designate a Compliance Officer and that it should re-evaluate scheduling practices for supervising officers.

UFA: Update Those in Fires

In response to the DOI report, Uniformed Firefighters Association President Steve Cassidy said in a letter that appears on Page 5 of this newspaper that his union last year suggested to the FDNY leadership that Incident Commanders update firefighters about how long they have been inside a fire building without the establishment of a hose line. This, he has argued, would give firefighters a better sense of what kind of conditions they face during an incident.

"In the case of the Deutsche Bank fatal fire, firefighters were sent inside the toxic high-rise tower with no water for over an hour, with only enough air for less than 30 minutes and no means of escape save for the scaffold," Mr. Cassidy said. "Such critical updates alerting firefighters and officers to the status of water delivery— or lack of water supply—to the fire floor would provide them with critical awareness of how long they have been operating in dangerous fire conditions and when to evacuate. Sadly, more than 10 months after this potentially life-saving recommendation was made, the FDNY Commissioner and Chief of Department have yet to take action."