So you want to be a NYC Construction Site Safety Manager?

Site Safety Manager Certification

Step 1: Exam Guidelines

In order to become a Site Safety Manager, you must you must meet the following qualifications:

• Be at least eighteen (18) years old

• Be able to read, write and understand the English language

• Be fit to perform work authorized by the particular license

• Meet one (1) of six (6) of qualifications listed in Section 5 and be able to provide the required documentation to verify the qualifying experience

• Have completed a Department-approved Site Safety Manager Course training course & OSHA course, if applicable

• Have good moral character so as to not adversely impact your fitness to perform the duties and responsibilities of a Site Safety Manger

Step 2: Applying for the Exam

Candidates must pass a written exam in order to become a Site Safety Manager. The candidate must complete the exam application (LIC41).

The candidate must submit the application with a $525.00 written exam fee, payable by money order only, to:

NYC Department of Buildings
Licensing & Exams Unit – Exams
280 Broadway, 6th Floor
New York, NY 10007

Step 3: Scheduling Your Exam

After submitting your exam application, you must next schedule your exam.

• If your application is accepted, you will receive an email from the exam administrator in one (1) to two (2) weeks with instructions on how to schedule your exam. Exams are given at several different locations in the State

• The exam is a multiple-choice question test and assesses your knowledge of the rules assuring the safety of the public and property at New York City construction sites

• You will not be allowed to use reference materials during the exam 

• Passing score is seventy (70) percent, if you pass the written exam you will be notified at the testing location the day of the exam

Step 4: Background Investigation

In order to become a Site Safety Manager, you must also successfully pass a background investigation.

After successfully passing the Site Safety Manager examination, you must call the Licensing & Exams Unit at (212) 393-2259 to schedule an appointment. Candidates without appointments will not be seen.

You must bring to your appointment the completed Background Investigation Questionnaire, all supporting documentation of qualifying work and training experience along with Experience Verification Forms filled out by your immediate supervisor(s) for all your relevant work experience. You will also need to bring the below documents to your appointment:

• LIC2 license application

• LIC34 if applicable

• Background Investigation Questionnaire

• Notarized Supplemental Investigation Questionnaire

• Experience Verification Forms from all supervisors for the years you are claiming as experience
  Note: Experience Verification Forms from company Human Resources will not be accepted

• Social Security History of Earnings for the years you are claiming as experience
  Note: There is a fee charged by the Social Security Administration for this service. You must request the report to be run by 'company name.' You may request the information by mail or in person (ordinarily you can receive this instantly in person). Visit the Social Security Administration for more information

• Certified Safety Professional (CSP) designation card and certificate from the Board of Certified Safety Professionals (BCSP) (if applicable)

• Photo ID (Driver's License or Non Driver's License ID Card)

• Original Social Security Card

• Original birth certificate, current passport or green card

• Latest paystub orW-2 Statement

• Proof of residence (utility bill, bank statement, lease, or deed) or a typed notarized letter and bill from the person with whom you are residing
  Note: Cell phone bills will not be accepted

• Two (2) passport sized photographs

• 18 months on-the-job training program documentation

• Monthly summaries specifying the nature of construction activity engaged at the location each month, completed by supervising site safety manager

• Apprenticeship Course documentation

• Certificate of Completion from the company

• Certificate of Completion from NYS

• Apprenticeship Completion card

• 40-Hour Site Safety Manager course certificate

• OSHA Course Certificate (if applicable)

• Child Support Certification Form

• $500.00 Background Investigation Fee

Note:  If you fail to answer any questions on your background investigation questionnaire or do not submit all the required supporting documentation (including, but not limited to: social security history of earnings statement, certificate of completion of required course(s), employment verification forms from all employers being used towards qualifying experience; and copies of your driver's license, social security card, and exam report) your background will be returned, delayed, or denied.

A major building is defined as an existing or proposed building that:

1. Is 10 or more stories
2. Is 125 feet or more in height
3. Has a building footprint of 100,000 square feet or more, regardless of height
4. Is Designated by the Commissioner

Step 5: Obtaining the License Card

Once you have passed the necessary exam and submitted all the necessary paperwork, you need to obtain your Site Safety Manager License.

• If you successfully pass the written examination and the background investigation, you will be notified in writing by the Department's Licensing & Exams Unit stating you are eligible for a Site Safety Manager License.

• You have one (1) year from the date of that letter to submit the required documents for your license. If you do not complete the process within one (1) year of the date on the letter, you will be required to retake the examination.

• You can make an appointment to apply for a license by calling the Licensing & Exams Unit at (212) 393-2259 from 9:00 am to 5:00 pm, Monday - Friday.

Requirement		Documentation
A	Be a New York State Licensed Professional Engineer or Registered Architect, have three (3) years of experience supervising the construction or demolition of major buildings (as defined in BC Chapter 33) within 10 years prior and has satisfactorily completed a Buildings approved 40-hour Site Safety Manager Course, within one year prior to application.	Copy of certification as a New York State Licensed Professional Certificate of Completion of the required course For each year of experience that counts towards your years of experience you must submit your Social Security History of Earnings Employment verification forms from your immediate supervisor(s) for all experience being used as qualifying employment including dates of employment, titles held, daily duties, specific addresses and time frames for three years of experience working with major buildings (see definition above)
B	Has a Certified Safety Professional (CSP) designation from the Board of Certified Safety Professionals (BCSP) and has three (3) years of experience supervising construction or demolition of major buildings as the term major building is defined in BC Chapter 33 of the New York City Building Code, and within one year prior to application has satisfactorily completed a 40-hour Site Safety Manager Course.	A valid "Certified Safety Professional" paper certificate and active wallet card must be submitted as proof of being certified by the Board of Certified Safety Professionals (BCSP) For each year of experience that counts towards your years of experience you must submit your Social Security History of Earnings Employment verification forms from your immediate supervisor(s) for all experience being used as qualifying employment including dates of employment, titles held, daily duties, specific addresses and time frames for three years of experience working with major buildings (see definition above) Certificate of Completion of the required course
C	Has eight (8) years of construction supervision experience within 10 years prior to application including 5 years supervising the construction or demolition of major buildings (as defined in BC Chapter 33) and has satisfactorily completed a Buildings approved Site Safety Manager 40-hour course within one year prior to application	Certificate of Completion of the required course For each year of experience that counts towards your years of experience you must submit your Social Security History of Earnings Employment verification forms from your immediate supervisor(s) for all experience being used as qualifying employment including dates of employment, titles held, daily duties, specific addresses and time frames for five years of experience working with major buildings (see definition above)
D	Has completed a full time paid 18 month on-the-job training program working on major buildings (as defined in BC Chapter 33) under the direct and continuing supervision of a certified Site Safety Manager engaged in site safety work; and has within one year prior to application, satisfactorily completed a 40-hour Department-approved Site Safety Manager Course AND within two years prior to application completed a 30-hour OSHA safety course.	For each year of experience that counts towards your years of experience you must submit your Social Security History of Earnings The site safety log or other contemporaneous record that has 18 detailed monthly summaries of the trainee's activities indicating site safety work and precisely describing the nature of construction activities the trainee was engaged in; The training program must include at least four (4) months of training in soil and foundation work and at least four (4) months of training in structural erection Certificate of Completion of the required courses (SSM and OSHA)  Employment verification forms from the certified Site Safety Manager for whom you worked under his/her direct and continuing supervision, stating that you successfully completed the on-the-job training program, daily duties, specific addresses and time frames working with major buildings (see definition above) 18 month on the Job Certificates and Course Approval letter
E	Have eight (8) years of experience within ten (10) years prior to the date of the application as a Building Code enforcement official charged with enforcement of the provisions of the New York City Building Code. The enforcement included inspections of major buildings under construction or demolition and thus this basis for qualification excludes officials whose primary role is to perform inspections of occupied or vacant buildings; and has within one year prior to application, satisfactorily completed a 40-hour Department-approved Site Safety Manager Course AND within two (2) years prior to application date, has completed a 30-hour OSHA safety course	Certificate of Completion of the required courses (SSM and OSHA) For each year of experience that counts towards your years of experience you must submit your Social Security History of Earnings* Employment verification forms from your immediate supervisor(s) for all experience being used as qualifying employment including dates of employment, titles held, daily duties, specific addresses and time frames for years of experience working with major buildings (see definition above)
	Have eight (8) years of field experience working on buildings within ten (10) years prior to the date of the application as a safety official for a governmental entity or construction firm or as a safety manager or safety engineer for a safety consulting firm specializing in construction or demolition. The experience includes four (4) years of relevant work on major buildings under construction or demolition; or and has within one year prior to application, satisfactorily completed a 40-hour Department-approved approved Site Safety Manager Course AND within two (2) years prior to application date, has completed a 30-hour OSHA safety course	Certificate of Completion of the required courses (SSM and OSHA) For each year of experience that counts towards your years of experience you must submit your Social Security History of Earnings Employment verification forms from your immediate supervisor(s) for all experience being used as qualifying employment including dates of employment, titles held, daily duties, specific addresses and time frames for five years of experience working with major buildings (see definition above)
	Have successfully completed a New York State Apprenticeship Program for Site Safety Manager approved by the Department; and approved Site Safety Manager course, satisfactorily completed a 40-hour Department-approved approved Site Safety Manager Course ANDwithin two (2) years prior to application date, has completed a 30-hour OSHA safety course	Certificate of Completion of the required courses (Apprenticeship, SSM, OSHA) A valid Apprenticeship program card and Department course approval letter, if applicable. For each year of experience that counts towards your years of experience you must submit your Social Security History of Earnings Employment verification forms from your immediate supervisor(s) for all experience being used as qualifying employment including dates of employment, titles held, daily duties, specific addresses and time frames for five years of experience working with major buildings (see definition above)
	Have ten (10) years of experience within twelve (12) years prior to the date of the application working in a relevant construction trade with plans in furtherance of building construction or demolition, five (5) years of which were on major buildings under construction or demolition and three (3) of those five (5) years were in an on-site supervisory position. satisfactorily completed a 40-hour Department- approved Site Safety Manager Course AND within two (2) years prior to application date, has completed a 30 hour OSHA safety course	Certificate of Completion of the required courses (SSM and OSHA) For each year of experience that counts towards your years of experience you must submit your Social Security History of Earnings Employment verification forms from your immediate supervisor(s) for all experience being used as qualifying employment including dates of employment, titles held, daily duties, specific addresses and time frames for five years of experience working with major buildings (see definition above)
F	Has three years of experience as a Department certified site safety coordinator and within one year prior to application has satisfactorily completed a 40-hour Buildings-approved Site Safety Manager course	Certificate of Completion of the required courses (SSM and OSHA) For each year of experience that counts towards your years of experience you must submit your Social Security History of Earnings.* Employment verification forms from your immediate supervisor(s) for all experience being used as qualifying employment including dates of employment, titles held, daily duties, specific addresses and time frames for years of experience working with major buildings (see definition above)

How To

• Site Safety Manager Renewal Certification

Forms

• Background Investigation Questionnaire

• Child Support Form

• Experience Verification Form

• LIC2 Application & LIC2 Instructions

• LIC34

• LIC41

• Supplemental Investigation Questionnaire
  
  
  

Helpful Links

• Printer Friendly Version

• Department Approved Course Providers

Construction Supervisors to be required on all major projects under 10 Stories. Fines Quadrupled.

Amid Record Construction Boom, Mayor de Blasio Increasing Penalties for Safety Hazards, Launching New Enforcement Sweeps

February 12, 2016

Penalties for safety lapses to be quadrupled, now up to $10,000

Massive proactive enforcement sweep will target 1,500 sites over the next 90 days

City hiring 100 more inspectors, mandating construction superintendents at projects under 10 stories

NEW YORK—Mayor Bill de Blasio and Department of Buildings Commissioner Rick Chandler today announced that they will quadruple the penalties for serious construction-safety lapses, conduct a wave of more than 1,500 enforcement sweeps, and require new supervision at construction sites citywide to protect workers and the public amid the record building boom.

To make sure builders cannot profit by skirting safety rules, the City is raising the penalties for serious safety lapses from $2,400 to $10,000, and the penalty for lacking a construction superintendent will increase from $5,000 to a maximum of $25,000. Construction has surged more than 300 percent since 2009, contributing more jobs and more housing to New York City, but leading to an increase in preventable construction-related injuries and fatalities.

“No building is worth a person’s life. We have a responsibility to keep the men and women who are building New York City safe. We are ramping up inspections and oversight to make sure that our workers have added protections. We do not accept any loss of life in this business as inevitable or acceptable,” said Mayor Bill de Blasio.

“We won’t tolerate contractors who cut corners and recklessly increase the risks of construction work. We’re quadrupling the penalties for the most frequent safety lapses, sweeping contractors with poor safety records at projects of less than 10 stories – where nearly three quarters of accidents occurred last year – and increasing oversight at these sites,” said Department of Buildings Commissioner Rick Chandler. “Our investigations routinely reveal that accidents could have been prevented if contractors simply followed existing safety rules. We’re determined to change the mindset that safety violations are simply the cost of doing business.”

The actions announced today are part of a $120 million modernization underway at the DOB that will increase oversight of higher-risk sites, conduct proactive enforcement sweeps at sites that have a history of serious violations or stop-work orders, and require a construction superintendent on all new construction and major renovations of buildings under 10 stories – which historically have had less oversight. These actions build upon sweeps the DOB conducted last fall that shut down more than 500 construction sites citywide.

Smaller job sites, historically subject to less oversight, were responsible for the majority of workplace accidents last year. 70 percent of construction-related accidents in 2015 took place at sites smaller than 10 stories.

Under the new policies:

Fines quadrupled for safety lapses: The DOB will increase from $2,400 to $10,000 the penalties for serious failures to safeguard construction sites. DOB inspectors routinely issue multiple such violations following a construction accident. In addition to higher penalties and stopping work, the DOB will aggressively seek to suspend or revoke licenses/registrations of Site Safety Managers, Site Safety Coordinators, Construction Superintendents and other licensees involved in unsafe construction practices.

Sweeps of high-risk construction sites: This week, the DOB began sweeping contractors with poor safety records who are working on buildings under 10 stories. Last year, a disproportionate number of accidents occurred at these sites. The DOB will also sweep all construction sites over 15 stories. All told, 1,500 job sites will be swept in the next 90 days. During the sweep, inspectors will be looking for failures to use proper safety equipment, install guardrails or remedy trip hazards, among other infractions.

Increase supervision at smaller projects: By July, the DOB will require construction superintendents for all major construction projects at buildings under 10 stories – not simply new construction, as currently required. Superintendents will now have to review sites daily and log all safety information. Contractors who fail to comply will be issued stop-work orders and penalties from $5,000 to $25,000 for repeat infractions or other proactive enforcement measures, as necessary.

Increased investments in safety: By this summer, the DOB will hire 100 new enforcement inspectors as part of the $120 million modernization outlined in its Building One City plan. In addition, the DOB is significantly enhancing its information technology and data analytics capabilities to identify and punish bad actors, target buildings that pose a threat to public safety, and penalize unsafe and corrupt behavior in the construction industry.

“New York City’s building boom is a sign of its growing vitality, but it also presents hazards. My district, which spans from the Hudson Yards to the Lower East Side, is home to much of this construction and, unfortunately, some of its related accidents – just two weeks ago a 55-year old worker was critically injured after falling from a building in my district. I’m grateful to Mayor de Blasio and Commissioner Chandler for proposing robust new safety standards to help ensure the well-being of construction workers and neighboring residents alike,” said State Senator Brad Holyman.

“Ensuring that enforcement efforts are up to the challenge of preventing dangerous conditions and activities at construction sites has been a major concern in our city for a long time,” said Assembly Member Brian Kavanagh. “I want to thank Mayor de Blasio, Commissioner Chandler, and all who have advocated for increased safety standards for taking serious steps today to protect New Yorkers in our communities and on the job. We should never willingly accept deaths or serious injuries as a cost of doing business.”  

“These enforcement changes are a great step towards helping ensure that the constant development in New York is not at the expense of the safety of our residents. I thank the Mayor for implementing these changes,” said Assembly Member Deborah Glick.

“Increased oversight and harsher penalties are absolutely necessary to create safer construction sites,” said Council Member and Chair of the Committee on Housing and Buildings Jumaane D. Williams. “Safety can't be ignored because of a construction boom or for developers who want to take short-cuts. I’m proud of the Council’s Housing and Buildings Committee’s work with the administration to address this, and today we are taking a good step forward.” 

“Increased oversight of high-risk worksites and tougher penalties will go a long way to ensure the safety of both residents and workers who are on the front lines of an unprecedented construction boom,” said Council Member Margaret Chin. “As the recent fatal crane collapse in my district demonstrated, the need for increased fines, safety sweeps and oversight is more important than ever to keep New Yorkers safe. I thank Mayor de Blasio and Commissioner Chandler for rising to the challenge presented by a record number of construction projects across our city.”

“As the representative of a community that has recently experienced a building collapse, I constantly hear from homeowners who are afraid that nearby construction is jeopardizing the structural integrity of their properties and their families’ safety. These resources are sorely needed to protect all New Yorkers and, in particular, workers on these sites,” said Council Member Robert E. Cornegy, Jr.

“Only by stopping noncompliant construction jobs, pulling licenses and making referrals for criminal prosecutions can we address serious site safety hazards,” said Council Member James Vacca. “I’m glad the Department of Buildings is taking steps to address the various safety concerns that have recently come to light. Increasing the penalties that property owners pay for serious violations will hopefully force them to take safety more seriously. Conducting a comprehensive sweep of active construction sites is also a common sense action that should save lives. I look forward to seeing these changes implemented and hope that they lead to fewer construction disasters.”

“I want to thank Mayor Bill de Blasio and Department of Buildings Commissioner Rick Chandler for taking immediate steps to ensure that any construction work in this city is taking place with the appropriate safety measures. Construction work is never easy, but more so in a City that is heavily populated and is already comprised of numerous tall buildings. The actions taken by the Mayor, including the frequent required inspections, will make New York City safer for our construction workers and our residents,” said Council Member Rosie Mendez.

“The extraordinary building boom underway in New York City has taken an unacceptably high toll on the men and women laboring day in and day out in the construction trades. No one should ever have to fear for their life when they step onto a job site. I applaud the Mayor for dramatically stepping up fines, inspections and enforcement in the construction industry, so that unsafe conditions are corrected and problem work sites are shut down – without exception,” said Council Member Mark Levine.

“Community Board 3 applauds the Department of Buildings and the City for the strong new initiatives to protect construction workers. We have seen a substantial increase in construction, and many of our construction sites fall into the less-than 10-stories category. The increase in fines and increase of 100 new enforcement inspectors will be a significant step to protect construction workers, which is the first and primary concern for these sites. The holistic new approach in enforcement of going beyond violations to stop jobs to prevent accidents will make safety the highest priority on these sites, as it should be,” said Gigi Li, Chair of Community Board 3.

“The Building Trades Employers Association stands ready to work in partnership with the Mayor to ensure that all construction sites remain safe for all New Yorkers,” said Louis Coletti, President and CEO of Buildings Trades Employers Association.

“With a record amount of construction in New York City, it is important that the Department and the construction industry work together to make certain that all projects are built using the best practices the industry has to offer,” said Denise Richardson, Executive Director of the General Contractors Association. “We support the City’s efforts to make certain that all regulations are appropriate to the work being performed and are known, understood and followed by all involved in the project.”

“As President of an association whose safety managers ensure safety at major construction sites I applaud the administration’s efforts to ensure the safety of work sites for the workers and the general public,” said Michael Arvanites, President of the Safety Professional Association.

DOB’s Expanded Safety Campaign:

• Increased penalties for “failure to safeguard all persons and property affected by construction operations.” 
  • Class 1 fines to increase from $2,400 to $10,000.
  • Class 2 fines to increase from $1,200 to $5,000.
  • New fines to go into effect in 90 days.
  • DOB to seek license suspensions/revocations for those who engage in unsafe practices.

• 90-day, 1,500-site sweep of problem contractors and high-risk projects. 
  • Contractors with multiple stop-work orders or serious violations at buildings under 10 stories. 
    • More than 1,000 job sites to be swept in this category
  • All buildings over 15 stories. 
    • More than 500 sites to be swept in this category. 
  • Personnel agency-wide will participate to enhance reach.

• Requiring construction superintendents at high-risk jobs under 10 stories. 
  • In 2015, 70 percent of accidents occurred at these sites. 
  • New DOB rule to be enacted in July.
  • Contractors will be given a window in which to comply; afterward, failure to comply will result in a stop-work order and penalties from $5,000 up to $25,000 for repeated infractions.
  • Superintendents will be required not only for new construction or full demolitions, but also major alterations, partial demolitions and other high-risk jobs.

• DOB hiring 100 new enforcement inspectors by this summer.

Construction Activity and Safety, by the Numbers:

• New York City construction volume up sharply. 
  • 329 percent increase since 2009. 
    • 2009: 21 million square feet of new construction.
    • 2015: 88 million square feet of new construction.
  • 517 percent increase in new housing units since 2009. 
    • 2009: 10,054 new units.
    • 2015: 62,040 new units.

• Construction volume has driven accident increases. 
  • Accidents up 98 percent since 2009. 
    • 2009: 218 accidents.
    • 2015: 433 accidents.
  • However, accident increase lags construction increase.

• Fatal injuries are up nationwide since the peak of the last construction boom in 2008 (BLS data). 
  • But they remain down in New York City (DOB data). 
    • 2008: 19 fatalities.
    • 2015: 11 fatalities.

Emergency Sewer Repairs for 16th Street

Brooklyn:  16th Street between Seventh and Eighth Avenues

Photos of the emergency sewer repairs done to our block started the last week of September and continued for about three weeks.  Small sinkholes had formed in the street over the summer.  The blacktop paving had caved in revealing a subsurface void a few feet deep in two places along the block..  

The contractors worked very fast and efficiently first slicing two parallel lines down the middle of the street with a large diamond bladed wet saw then removed the black top and shored and excavated some ten feet or so to the sewer line depth.  They installed this red clay pipe with a rubber gasket in the flange starting on the Seventh Avenue end of 16th Street and worked in sections up the block towards Eighth Avenue..  Once this pipe was installed and the branches were connected to each house line the completed section was encased in concrete.  

Part of the evacuation occurred during that big rain storm the first week of October so it was important that the shoring was done effectively.  It is impressive to watch them install the shoring as the heavy massive timbers are obviously reused after each job and have to be altered every time they are installed on a new job site.  

The orange spray painted  "W" and "G" indicate where water and gas lines cross over the path of the excavated trench.

 Needless to say there was no parking allowed on the block for the entire construction time which stressed  the Park Slope South automotive community  causing it to be thrown into "an unnatural imbalance"  which led to overly aggressive predatory competition for fewer spots.  I personally witnessed several episodes of cannibalism amongst otherwise friendly inhabitants. Not sure how or if this turmoil  affected the suicide rate amongst middle age white males with four or more years of college.

Completed section on the right showing new clay pipe set in concrete.  Water and gas lines crossing the trench

Water and Sewer lines exposed

Filling in the trench.

Fernando Vanegas R.I.P.

Reposted from The NYTimes…

Worker Who Died in Wall Collapse Warned of Problems at Construction Site

By BENJAMIN MUELLER and JOSHUA JAMERSONSEPT. 4, 2015

Fernando Vanegas, 19, was killed in an accident on Thursday.Credit
Christopher Gregory for The New York Times

The construction worker, a slim man of 19 who had arrived in New York City from Ecuador less than a year ago, returned to his home in Queens one day last month and told his mother about a close call.

A retaining wall designed to hold back soil around the base of a building where he was working had almost fallen, the man, Fernando Vanegas, had reported. His mother, Enma Ulloa, said it was one in a steady drumbeat of worries he had shared about safety at the construction site in Brooklyn, where a one-story commercial building was being converted into a five-story structure with some residential units.

“He would always tell me about how he had close calls,” Ms. Ulloa said in Spanish on Friday during an interview at the family’s home in Corona, Queens.

The retaining wall fell on Thursday, burying Mr. Vanegas and two other workers beneath a pile of cinder blocks. The other workers were injured. Mr. Vanegas was killed.

His death, coming amid a surge in fatal construction accidents in the city this year, prompted questions about how the city and contracting company had handled reports of structural problems at the work site.

Speaking as several young children went into and out of their apartment, Ms. Ulloa and her husband said they were still looking for answers about what could have been done to prevent their son’s death.

“We can’t let the accident stand as it happened,” Mr. Vanegas’s father, Olmedo Vanegas, said.

A city official familiar with the investigation into the collapse, who spoke on the condition of anonymity to discuss an ongoing inquiry, said it appeared that proper precautions had not been taken for the excavation work, including providing adequate support, compromising the remaining structure.

City building records going back to last year noted several signs of structural vulnerabilities at the building, at 656 Myrtle Avenue, near Franklin Avenue, in the Bedford-Stuyvesant area of Brooklyn.

Last August, the building owner was given a violation for failing to maintain the front facade. The violation, considered immediately hazardous, said a section of wood parapet on the facade had come loose along the pedestrian walkway.

Then, on May 10, the Department of Buildings received a complaint about potentially dangerous conditions at the site. The complaint noted that construction workers were not wearing face masks or suits at an asbestos abatement site, and that a wall “was not stable.”

The complaint was referred to the Department of Environmental Protection, which administers the city’s asbestos regulations. The department closed the case after it received paperwork from a licensed asbestos contractor showing that abatement work at the site ended on May 10, a department official said.

Photo

Mr. Vanegas moved to Queens from Ecuador to be with his parents, Enma Ulloa, left, and Olmedo Vanegas, in the last year. CreditChristopher Gregory for The New York Times

The Buildings Department, aware of the building’s earlier structural problems, ordered it vacated, a department spokesman, Alexander Schnell, said. Inspectors visited the site later in May, and again in July.

But in recent months the contractor received a permit for remediation work. Mr. Vanegas and his colleagues were working on stabilizing the property on Thursday when the wall fell, Mr. Schnell said.

Phone calls to representatives of the building’s owner, listed in city records as Binyan Myrtle L.L.C., were not answered on Friday. Someone who answered the phone at a number listed for the general contractor, Y & S Framer’s Inc., hung up after a reporter identified himself.

Mr. Vanegas’s mother described him as a “happy kid” who liked to dance and “really wanted to work.” He was one of eight children and, until December, had been living in Ecuador with other family members.

Before he joined his parents in the United States, Mr. Vanegas had not seen them in 15 years.

Christopher Gregory contributed reporting.

MANHATTAN DA’S OFFICE, DOI, NYPD ANNOUNCE ARRESTS AND CRIMINAL CHARGES IN WIDESPREAD BRIBERY SCHEMES INVOLVING DOB AND HPD EMPLOYEES

MANHATTAN DA’S OFFICE, DOI, NYPD ANNOUNCE ARRESTS AND CRIMINAL CHARGES IN WIDESPREAD BRIBERY SCHEMES INVOLVING DOB AND HPD EMPLOYEES

Approximately $450,000 in Bribes Made in Connection with More Than 100 Residential and Commercial Properties in Manhattan, Brooklyn, and Queens

Defendant Information

Manhattan District Attorney Cyrus R. Vance, Jr., New York City Department of Investigation (“DOI”) Commissioner Mark G. Peters, and New York City Police Commissioner William J. Bratton today announced the indictment of 50 defendants involved in widespread housing fraud and bribery schemes in Manhattan, Brooklyn, and Queens. The defendants include 11 New York City Department of Buildings (“DOB”) employees and five New York City Department of Housing Preservation and Development (“HPD”) employees. The defendants are charged in 26 New York State Supreme Court indictments filed in New York and Kings Counties with crimes including Bribery, Bribe Receiving, Falsifying Business Records, Tampering with Public Records, and Official Misconduct.[1]

The nearly two-year-long investigation, initiated by DOI and the Manhattan District Attorney’s Office’s Rackets Bureau in 2013, began as an inquiry into the bribery of a single DOB inspector. DOI, the District Attorney’s Office, and the NYPD utilized court-authorized wiretapping; analysis of DOB, HPD, financial, and phone records; and surveillance over the course of the investigation. The investigation revealed evidence of approximately $450,000 worth of alleged bribes in numerous, distinct schemes between 16 DOB and HPD employees and 22 property managers and owners, six expeditors, two contractors, and one engineer. Indictments filed in Kings County Supreme Court will be handled by Manhattan prosecutors, pursuant to a cross-designation authorized by Brooklyn District Attorney Ken Thompson.

“Bribery schemes compromised two important City agencies and fair competition in our robust housing and real estate development markets,” said District Attorney Vance. “Today’s cases demonstrate that the same surging demand that drives the pace of development can inspire the taking of shortcuts, and the taking of bribes. Working proactively with our partners at DOI and the NYPD, we are rooting out corruption at all levels, and bringing those who abuse their positions of power to justice.”

“Our investigation revealed a widespread network of corruption in the construction industry and among the City workers charged with keeping that industry safe,” said DOI Commissioner Mark G. Peters. “We found that these 16 City employees, including several senior supervisory staff, took bribes to clear code violations including some that presented real safety threats. Today’s arrests shows that the City and law enforcement have zero tolerance for criminal conduct that undermines the City’s mandate to protect its citizens.”

“Today’s arrests and indictments show that we have zero tolerance for corruption and fraud within our city agencies,” said Police Commissioner William J. Bratton. “These building employees held important and trusted positions, but they chose to allegedly circumvent the system and violate the public's trust to gain a profit. I want to sincerely thank the NYPD’s Organized Crime Investigation Division, the NYC Department of Investigation and the prosecutors in the Manhattan District Attorney’s Office for aggressively pursuing this case and holding these individuals responsible for their criminal actions.”

“I would like to commend DA Vance and his staff for conducting an investigation to expose this extensive and unacceptable betrayal of the public trust by city government employees,” said Brooklyn District Attorney Ken Thompson. “My office will continue to work closely with the Manhattan DA’s Office to ensure that justice is done in this case, and I pledge to continue to work closely with our law enforcement partners to root out public corruption, including corruption caused by those who try to use their money to gain an unfair advantage.”

Alleged Bribery Schemes Involving DOB Employees

According to court documents and statements made on the record in court, over the course of several years, 11 DOB employees, ranging in roles from clerks to chiefs, allegedly accepted bribes in Manhattan and Brooklyn in excess of $400,000. These DOB employees are charged with accepting monetary payments ranging from $200 to $3,000, and other benefits from property managers and expeditors (filing representatives registered by the DOB to act as middlemen between the Department and contractors, homeowners, and managing agents). In exchange, the DOB employees allegedly cleared complaints, Stop Work Orders, and violations, and expedited DOB inspections, enabling expeditors to bypass proper channels and deal directly with high-level DOB employees.

In one alleged scheme, DAVID WEISZER, acting as an unregistered expeditor, is charged with bribing multiple DOB employees including a Chief of Development, an Inspector, and three clerks. Beginning in September 2011, WEISZER allegedly sent a list of addresses of locations owned by his clients to the then-DOB Chief of Development for Brooklyn Construction, bypassing proper DOB channels, on a near daily basis. ARTAN MUJKO, then employed as a DOB Inspector, would inspect these addresses at the Chief of Development’s request, and invariably the buildings would pass inspection. The Chief of Development allegedly signed-off on MUJKO’s inspections within the same day, using his supervisory position to carry out the scheme without detection.

In exchange, WEISZER is alleged to have paid the Chief of Development and his wife, JANELLE DALY, bribes in the form of approximately $200,000 for home mortgage payments, a Nissan Rogue SUV, a GMC Terrain SUV, and a Royal Caribbean cruise, as well as cash for airline tickets, home renovations, and other personal expenses. WEISZER is similarly alleged to have paid Inspector MUJKO more than $70,000 in cash bribes for signing-off on WEISZER’s necessary inspections, in addition to allegedly paying $2,000 to $3,000 at a time in cash to clerks ELAINE CUTCHIN and TAMARAH ALLEN, who allowed him to cut past people waiting in line at DOB’s Brooklyn office without showing the required credentials.

After he stopped working with the Chief of Development, WEISZER is alleged to have developed a new scheme in June 2014 involving VERONICA VELEZ, a client manager at the New York City Department of Small Business Services (“SBS”). WEISZER is charged with bribing VELEZ to route MUJKO to his properties, including those that fell outside of SBS’s mission, like residential buildings and synagogues, by promising to pay rent on her apartment. In turn, WEISZER then allegedly bribed MUJKO to perform favorable inspections on his properties.

Additional Alleged Schemes Involving DOB Employees

• DONALD O’CONNOR, the DOB Chief of Development for Manhattan Construction, is charged with accepting bribes from various individuals, including defendants ISSAM ABOURAFEH, a licensed engineer; FRANK DWYER, owner of several Manhattan bars including McHale’s Pub, Jack Dempsey’s Bar and Grill, Bourbon Street Bar & Grille, and McGee’s Pub, among others; and MAURICE KOHAN, a real estate developer. O’CONNOR is alleged to have expedited appointments for the defendants, as well as dismissed complaints associated with their properties, many of which he never personally inspected. O’CONNOR is also charged with alerting the defendants to undercover site safety visits, and advising them how to avoid penalties. CHERYL LIES, a DOB office manager, is charged with helping O’CONNOR expedite his requests in exchange for a free night in French Quarters Guest Apartments, a midtown hotel owned by defendant DWYER.
• DEREK ST. ROSE, a DOB Supervisory Inspector, is charged with routinely expediting DOB matters, lifting Stop Work Orders, and expunging complaints for JACOB FEKETE, an unregistered expeditor. In exchange, FEKETE allegedly provided ST. ROSE with multiple loans, and used his connections to help ST. ROSE book a party venue at a discounted rate and hire a prominent immigration attorney for his friend.
• WILSON GARCIA, then employed as a DOB Supervisory Inspector, allegedly schemed with GINO VITALE, a real estate developer, to expunge VITALE’s complaints and alert him to impending audits in exchange for a Puerto Rican vacation package. GARCIA also conspired with JIAXI LIU, a construction contractor, and STEPHEN PEREZ, a DOB Inspector, to place a false Stop Work Order on a building for which LIU served as a contractor. As part of their conspiracy, LIU solicited and received cash from the building’s owners, by representing to the owners that he needed funds to have the false Stop Work Order lifted. GARCIA is additionally charged in an indictment filed by the Office of the Special Narcotics Prosecutor with Criminal Possession of a Controlled Substance in the Third Degree, a class B felony, and Criminal Possession of a Weapon in the Third Degree, a class D felony, among other charges, pertaining to two weapons and cocaine recovered by DOI and the NYPD while executing a search warrant on his home and car.
• Defendants SANDRO CABRERA, HERMAN EPSTEIN, EBRAHIM GABBAY, MICHEL PHILIPPE, ASSAF SANILOVICH, SHIMON SABAH, SHIA WALDMAN, and DAVID WEISS are additionally charged with offering bribes ranging from $200 to $2,800 during controlled calls and meetings in exchange for various DOB favors involving the removal of complaints.

Alleged Bribery Schemes Involving HPD Employees

Further, according to court documents and statements made on the record in court, between May and August 2014, defendants LUIS SOTO, a Brooklyn HPD Housing Inspector, and OLIVER ORTIZ, a Manhattan HPD Associate Inspector in a supervisory role, dismissed HPD violations and falsified HPD records in exchange for bribes from nine property owners, managers, and an expeditor. In total, SOTO and ORTIZ are alleged to have fraudulently dismissed 778 HPD violations from 24 properties in Brooklyn in exchange for more than $41,000 in bribes.

SOTO is alleged to have negotiated and accepted cash bribes ranging from $1,000 to $2,500 per property in exchange for removing violations on the interested parties’ properties. As part of their alleged scheme, ORTIZ is charged with creating false entries in HPD’s internal computer system, the Borough Office Support System (“BOSS”), in order to fraudulently document inspections that never occurred, and approve the final dismissal of violations, even though none of the related properties were actually inspected by SOTO during the course of this scheme.

In one such scheme, between June 2014 and August 2014, defendant ABRAHAM MERTZ, a Brooklyn property manager, is charged with paying SOTO more than $20,000 in bribes to remove 476 violations at 13 separate properties in the Bushwick, Williamsburg, and Bedford-Stuyvesant neighborhoods of Brooklyn. SOTO then allegedly paid ORTIZ to falsify records in HPD’s BOSS system. The dismissed violations include:

• The presence of mice and roaches;
• Missing smoke detectors and carbon monoxide detectors;
• Inadequate lighting at a building’s entrance; and,
• A defective hallway ceiling.

In a similar scheme, between July 18, 2014, and August 8, 2014, ROBERT CADOCH, another Brooklyn property manager, is charged with paying SOTO $6,000 in bribes to remove 96 violations at three separate properties in Bedford-Stuyvesant. ORTIZ was in turn paid by SOTO to falsify records in HPD’s BOSS system. The dismissed violations include:

• A rotted door frame;
• The lack of electric supply to hallway ceiling light fixtures;
• Unlawful bars or gates obstructing a fire escape; and,
• The presence of mice, flies, and roaches.

ORTIZ and SOTO are charged with accepting more than $41,000 in bribes to remove hundreds of other similar violations at dozens of properties owned or managed by SHULEM SCHWARTZ, JOEL WALDMAN, MORDECHAI KATZ, ISSAC ROSENBERG, ROBERT CADOCH, MOSES LEFKOWITZ, SANTOS MUNIZ, and ALEKSANDER ZIVKOVIC. At least one of these properties received a violation for lead-based paint.

Additional Alleged Schemes Involving HPD Employees

• Additionally, SOTO is charged with working with BARRY RICE, JR., another HPD Inspector, to vacate tenants under false pretenses from a Bushwick building managed by MERTZ in exchange for a cash bribe. Acting without a valid vacate order, RICE, conspiring with SOTO, allegedly ordered tenants to leave the building, falsely claiming to be acting under the authority of HPD. FRANK CAMPASANO, owner of an apartment building in Bushwick, is similarly charged with bribing RICE and SOTO to evict tenants in his building under the guise of an HPD vacate order.
• RICE is also alleged to have instructed property owners and managers to request housing inspections on dates and times he was scheduled to be working, ensuring he could conduct the inspections personally. In violation of HPD policy and procedure, RICE is charged with arranging “pre-inspections” of certain properties to ensure that violations would be resolved before he conducted the “official” inspections, after which the violations would be dismissed. RICE is also charged with accepting bribes in excess of $600 from JOEL RUBIN, a property manager, to “pre-inspect” a property, eventually dismissing 18 violations from that property.  RICE is also charged with working with STEVEN CRAWFORD, an HPD Inspector, to negotiate bribes from RUBIN to “pre-inspect” and dismiss violations from two additional properties. RICE similarly is alleged to have accepted $300 in bribes from ARON STUHL, also a property manager, for “pre-inspection” of violations at STUHL’s property, with the understanding that violations would be removed at a subsequent HPD inspection. Furthermore, together with STANLEY HALL, an Associate Housing Inspector with supervisory authority, RICE allegedly promised to dismiss all violations associated with a Bushwick property owned by SHEA SIGAL in exchange for more than $3,000 in bribes.
• In a separate scheme stemming from the same investigation, DILBER KUKIC, a Manhattan building owner, and CHRISTOPHER LUKACS, a Manhattan building manager, are charged with bribing an undercover investigator posing as an HPD inspector. In October 2014, KUKIC is charged with paying the undercover $600 in cash to dismiss the HPD violations at two properties he owned on West 173^rd Street in Manhattan. In December 2014, LUKACS, having previously spoken with the undercover investigator about the West 173^rd Street properties, is alleged to have given the undercover investigator $2,500 in cash to remove HPD violations from additional properties.
• In an additional scheme uncovered by the investigation, AGOSTINO ACCARDO, an alleged Bonanno crime family associate, and his brother, MICHELANGELO ACCARDO, are charged with running an unlicensed check bundling and money transmission service in violation of New York State Banking Law. The ACCARDOS allegedly collected checks from customers, cashed the checks at commercial check cashers in New York City and New Jersey; and withheld both the commercial check casher’s fee and an additional fee they imposed before returning cash to their customers. VINCENT DIGREGORIO is alleged to have been a customer of the ACCARDOS, conspiring to falsify business records related to the cash received from the ACCARDOS’s check cashing service.

Assistant District Attorney Rachana Pathak is handling the prosecution of the DOB-related indictments, and Assistant District Attorney Kathryn M. Spota is handling the prosecution of the HPD-related indictments. These cases are being prosecuted under the supervision of Assistant District Attorneys Michael Ohm, Deputy Chief of the Rackets Bureau; Judy Salwen, Principal Deputy Chief of the Rackets Bureau; Amyjane Rettew, Counsel to the Investigation Division; and Jodie Kane, Chief of the Rackets Bureau, as well as Executive Assistant District Attorney David Szuchman, Chief of the Investigation Division.

Principal Financial Investigators William Tamparo and Michael Kelly and Financial Intelligence Director David Rosenzweig assisted with the investigation, as did Cell Site Analyst Nathan Weber under the supervision of Steven Moran, Director of the High Technology Analysis Unit. Assistant District Attorney Noah Genel provided assistance with the investigation, as well as Rackets Paralegals Conor Gallagher, Luc Mitchell, Michael Segnan, Stephanie Alvarez, and William Arsenault.

District Attorney Vance thanked the New York City Department of Investigation, including Financial Investigators Helen Gromadsky and Laila Yu; Special Investigators Michael Antolini, Noah Mohney, and Dan Taylor; Chief Investigator James McElligott; Deputy Inspector General Edward Zinser; Inspector General Gregory Cho; and Associate Commissioner Michael Carroll.

District Attorney Vance also thanked the New York City Police Department, including Lieutenant Christopher Fasano, Sergeant Raymond Almdovar, and Detectives Lynn McCarthy, Scott Signorelli, and Patrick Fogarty. 

District Attorney Vance also thanked the Brooklyn District Attorney’s Office, U.S. Immigration and Customs Enforcement’s (ICE), and the Office of the Special Narcotics Prosecutor, as well as the New Jersey and Pennsylvania State Police, for their assistance.

[1] The charges contained in the indictments are merely allegations, and the defendants are presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court.