April 24, 2008

Contact: 212.669.4813

Testimony by Public Advocate Betsy Gotbaum at the NY State Assembly Committee on Cities, Codes and Housing
 

Thank you Chairs Brennan, Lentol, and Lopez and Members of the Cities, Codes, and Housing committees for holding this important hearing.

My office’s ombuds department, which handles over 1,000 individual complaints about government services a month, has heard its fair share of complaints from New Yorkers about the Department of Buildings. Everything from rush to pour, to concerns about construction quality and safety, to complaints about the certification process – I have had a front row seat to Department of Buildings-related problems over the past six years.

But I have been around for longer than that and know that the Department of Buildings has come a long way. I remember how bad things used to be and certainly recognize that real improvements have been made. But the recent building and construction fatalities prove that we have much more to do to fix this Department.

I am hopeful that the new leadership at the Department of Buildings will bring some of the changes necessary to ensure the safety of New Yorkers. I am encouraged that the Mayor is demanding accountability when it comes to building safety. It is time for the Department of Buildings to demand accountability from the builders it oversees.

I do want to commend the City and the Department of Buildings for implementing a number of changes, including establishing the Special Enforcement Plan, a zoning review program for self-certification applications in Manhattan and an after-hours inspection pilot program, as well as increasing penalties for various violations.

Despite these positive changes, recent events make it clear that more needs to be done at both the city and state level. I would like to recommend further action that I believe must be taken to ensure the safety of construction workers and all New Yorkers.

Although I commend the Department Of Buildings for establishing a zoning review program in Manhattan, architects and engineers citywide are not following the zoning codes in their designs. The zoning review program must be expanded to review self-certified plans in every borough.

I also have three recommendations regarding the self-certification program:
1. The Department of Buildings must reaffirm to builders and developers that abuse of the self-certification privilege will not be tolerated.
2. When a violation is issued, disciplinary action should follow.
3. The state must ensure that severe violators do not have the opportunity to work in other cities across the state.

In the past, the Department of Buildings has issued slap-on-the wrist fines to professionals who violate their self-certification privileges and as a result has had to deal with repeat offenders. Starting in 2008, the Department Of Buildings has taken these violations more seriously by not only revoking self-certification privileges but also by restricting professionals’ ability to make any filings with the Department of Buildings. The next commissioner must continue this trend and send a strong message that abuse of the self-certification privilege will not be tolerated.

In addition, the Department of Buildings needs to close the gap between violations issued and disciplinary action taken. During the first month that the Special Enforcement Plan was in effect, the Department issued violations to 62% of self-certification sites reviewed and issued objections to 81% of self-certification plans audited. Yet, for that entire year, disciplinary action was taken against only four professionals.

Simply put, if a violation is discovered, disciplinary action must be taken against the architect or engineer responsible for self-certifying that job. Otherwise, the system will lack accountability and enforcement. A guard dog with a big bark but no bite is of little use.

For the most egregious cases of abuse within the self-certification program, the state must be involved. The State Education Department, as the grantor of licenses to architects and engineers, must work closely with the Department of Buildings to ensure that professionals who flout the city’s rules are not able to continue the same dangerous practices in other cities by revoking offenders’ licenses if necessary.

When the Department of Buildings fails, lives are at stake. Unfortunately, we have seen the tragic results of these failures numerous times in recent months. Changes must be made and we must all play a role in pushing those changes forward to protect those who work in building trades, live here and come to visit our great city.

Thank you for the opportunity to be here today to discuss this pressing issue.