Respondent previously relied on an agency email waiving excavation requirements. On March 11, 2015 a Department of Buildings inspection officer issued notices of violation to Monadnock Construction for thirty building sites along the length of Egan Street in East New York, Brooklyn. The notices were issued because the construction sites had begun excavation without notifying Buildings and obtaining excavation numbers for each site. Monadnock contested the notices and argued they submitted the necessary AI-1form to obtain a Buildings waiver of all excavation requirements for the thirty sites. Monadnock presented an email from a Buildings assistant plan examiner confirming the excavation requirements for “all Egan Street” were waived. The hearing officer decided in favor of Monadnock, finding they reasonably relied on the Buildings statements. Buildings appealed.
