Architect self-certified applications with incorrect zoning. Architect David Nagan was hired in 2004 to prepare a zoning analysis for two adjacent lots in Queens. Nagan determined the lots were in an R3 district, which allowed for the construction of two, two-family semidetached homes with a common wall along the lot line. In April of 2005, the City Council rezoned the lots to R3X, a zoning district that prohibited semi-detached homes. About six months after the zoning change, Nagan submitted two self-certified applications to Buildings for permits to construct both semidetached homes. Buildings granted the applications, and construction was completed in 2006.

After Buildings performed an audit, it determined that the zoning designation for each application was incorrect and petitioned to have Nagan excluded from the self-certification program. The petition cited a recently enacted Administrative Code amendment that required mandatory sanctions against an architect who submitted two incorrect self-certified applications within a 12-month period. At his hearing, Nagan argued that the recently enacted amendment should not retroactively apply to the applications he submitted two years before the amendment was passed. (more…)

Buildings’ suspension of license pending criminal trial overturned by OATH. On October 29, 2008, Testwell Laboratories, a licensed concrete testing laboratory, and V. Reddy Kancharla, a licensed site safety manager, were indicted on charges of enterprise corruption, grand larceny, scheme to defraud, offering a false instrument for filing, and falsifying business records. The next day, the Department of Buildings imposed pre-hearing suspensions on both, claiming that their conduct created imminent jeopardy to the public safety. Subsequently, Buildings filed a petition to suspend Testwell and Kancharla’s licenses, participation in the self-certification program, and professional filing privileges until the criminal case was resolved. Buildings claimed that Testwell and Kancharla violated the construction code by making materially false statements, participating in fraudulent dealings, and demonstrating negligence, incompetence, or disregard of the code. Buildings submitted only the indictment as evidence for the suspensions.

OATH ALJ Tynia Richard dismissed the charges, ruling that an indictment was not grounds for license suspension under the construction code and could not be considered evidence to prove the allegations. Even if considered evidence, the indictment could not provide the standard of proof required at OATH for license suspensions. Finally, Richard found that Buildings was authorized to suspend licenses and self-certification privileges prior to a hearing for no more than five days provided there was a finding of imminent jeopardy. Buildings was not authorized, however, to suspend the professional filing privileges without a hearing. (more…)

BSA rejects owner’s argument that case can be based on erroneously certified permit. Trevor Fray applied to BSA to continue construction of a three-family, four-story building at 84-24 168th Place in Briarwood, Queens after the City Council down-zoned Fray’s lot to a zoning that restricted development to oneand two-family detached housing. Fray argued that he had a common law right to continue development of the entire building based on foundation and demolition permits issued before the rezoning and a new building permit that his architect, Figueroa Architects, approved by self-certification 15 days after the rezoning.

Buildings later revoked the new building permit and investigated Fray’s foundation permit, finding it to be erroneously self-certified since it missed several requirements, like a sewer connection approval, a boring test report and a zoning plan showing it complied with the district’s zoning. After Fray and Figueroa failed to respond to Buildings’ concerns about the foundation permit, Buildings revoked it. (more…)