New DOB Rules Call For Safer Construction Procedures
BY RICHARD GENTILVISO

On June 7, 2004 Jian Guo Shen, 43, was killed when a foundation wall at 51- 18 92nd St. in Elmhurst collapsed.

On Oct. 7, 2006, Daniel Basilio, 29, was killed when the fourth floor of a building at 104-56 Roosevelt Ave. in Corona collapsed under the weight of freshly poured concrete.

And last week, on Nov. 14, 2006, a 50- year old worker fell to his death while pulling up a scaffold from the roof of a six-story building at 89-11 34th Ave. in Jackson Heights.

Since October 2001, 98 construction workers have been killed in New York City, according to the federal Occupational Safety and Health Administration (OSHA).

"We have come a long way, and we have a long way to go," Robert LiMandri said. With 950,000 buildings under its jurisdiction and 111,283 work permits for either construction or demolition issued last year alone, the Department of Buildings (DOB) has recently put forth several new procedures.

LiMandri, DOB First Deputy Commissioner Operations told the Queens Borough Cabinet at its November meeting that effective October 25, Rule 52 requires anyone who plans to excavate more than five feet deep to advise the DOB 24 to 48 hours before any earthwork can begin. The new notification provides the DOB with the information needed to send inspectors to excavation sites to examine the work and to make sure it is being done safely in the early stages.

"Before, we didn't know when an excavation was at a critical point," LiMandri said.

In addition, Local Law 52, effective November 19, will require permits for supported scaffolds (not suspended from buildings) 40 feet or higher. It will also require individuals who use, erect, maintain,

dismantle, repair or modify a supported scaffold to be certified by completing

a DOB approved safety program.

On November 2, DOB Commissioner Patricia Lancaster announced the formation of a scaffold worker safety task force. "One fatality in the city is too many," she said in a press release. In October, Lancaster launched a safety outreach campaign. "I want all members of the construction industry to listen up: We will not stand idly by and allow unsafe construction practices in the city," she said.

Some members of the City Council are taking action against unscrupulous developers by themselves. On November 15 the council approved two bills designed to come down hard on illegal construction.

A bill by Brooklyn Councilmember Domenic Recchia Jr. criminalizes the demolition of a one- or two-family house without a required permit as a misdemeanor. Violators are subject to fines or jail as well as civil penalties. The second bill, by Councilmember Vincent Gentile, also from Brooklyn, increases the penalties for contractors who refuse DOB stop work orders.

Another significant issue, said LiMandri, is abuse of professional selfcertification. "This is something DOB feels very strongly about," he said. Under a proposed new Rule 21, the grounds for suspending or excluding architects and engineers from the DOB professional certification program would be expanded.