Contractor left job but work continued under its expired permit. An officer from Buildings issued B & A Demolition & Removal notices of violation for engaging in demolition work with an expired permit, failing to safeguard the public and property affected by demolition operations, failing to post a required Department of Transportation permit, and failing to provide adequate housekeeping during demolition operations. At a hearing, B & A claimed that it had been fired from the job prior to the inspection date, and speculated that the workers observed by the officer were new contractors. Buildings countered that it was undisputed that demolition work occurred after B & A’s permit had expired, and that B & A allowed the permit to expire without telling Buildings that it was withdrawing from the job.
An ALJ dismissed the violations, ruling that B & A was not on the job on the inspection date. Although the ALJ found that B & A had failed to adhere to Buildings’ policy requiring written notification of withdrawal from a job, the ALJ ruled that such failure did not cause a violation. Buildings appealed, claiming that B & A failed to prove it was not in charge of demolition work on the date of inspection, and that B & A was required to submit a notice of withdrawal.
The Environmental Control Board reversed the ALJ on all four violations and issued a penalty of $3,400. The Board ruled that even if B & A were not the contractor at the job site on the inspection date, B & A was responsible for any work covered by the permit until it notified Buildings of its withdrawal or until the job was complete.
NYC v. B & A Demolition & Removal, ECB Appeal No. 48053 (Sept. 24, 2009). CITYADMIN