Board finds no evidence the engineer knew or should have known his filed plans were inaccurate. On September 25, 2014 the Department of Buildings issued a notice of violation to Kenneth Philogene, a professional engineer, for making a material false statement in amended construction plans filed with DOB. The amended plans submitted by Mr. Philogene on September 8, 2014 showed the subject building at 1215 Jefferson Avenue in Bushwick, Brooklyn to be three stories tall, however when a DOB inspection was conducted on September 25, 2014 the subject building was actually four stories. Mr. Philogene contested the summons with the Environmental Control Board, arguing the amended plans were based on a professional architectural survey given to him by the building owner, and showing the building as three stories tall. Mr. Philogene argued this conformed to his initial personal inspection in February 2014, where the building was three stories, and he did not know or have reason to know the fourth story had been added. The hearing officer credited Mr. Philogene and dismissed the NOV.
