This is an update on fire- and life-safety issues in the Mui Ho Fine Arts Library in Rand Hall at Cornell University. Links to all my writings about the library project can be found here.
On September 26, 2019, I was notified by the Oversight Unit of the New York State Division of Building Standards and Codes (DBSC) that my complaint about fire- and life-safety violations in the new Mui Ho Fine Arts Library in Rand Hall at Cornell University was “closed with prejudice.” Not a single substantive reason was provided, nor were any of the arguments I made mentioned, let alone refuted. My next step is to appeal these determinations with the Regional Syracuse Review Board, assuming that they waive the $500 filing fee.
For the record, here is the letter I received from the DBSC:
Sept. 26, 2019
Dear Mr. Ochshorn,
Thank you for contacting the NYS, Department of State, Division of Building Standards and Codes (DBSC), Oversight Unit. The DBSC is authorized by Part 1208, Section 1208-6 of Title 19 NYCRR to investigate complaints against a Code Enforcement Official (CEO) or Building Safety Inspector (BSI), alleging a failure to uphold his or her code enforcement duties as described in Section 1208-6.2 (b)(c).
After review of the complaint and a preliminary investigation of the allegations stated against Mr. Michael Niechwiadowicz, it has been determined that Complaint Case Number 4660 is closed with prejudice.
This determination is based on the review of the information you provided, documentation submitted by the City of Ithaca Building Department as well as reviews of plans and correspondence provided by the City of Ithaca Building Department, interviews and correspondence with Mr. Niechwiadowicz, the Designers of Record and site visits by the Division of Building Standards and Codes Staff.
After considering all the information provided, it has been determined that the allegations against Mr. Niechwiadowicz “not upholding his code enforcement duties” are not supported by the evidence. It does appear, for all intents and purposes, that there is a disagreement between you and Mr. Niechwiadowicz regarding the “intent” of certain technical aspects of the ICC Building Code. Mr. Niechwiadowicz is the representative of the City of Ithaca who is the “Authority Having Jurisdiction” (AHJ) for the enforcement of the Uniform Code as it applies to this project.
The Uniform Code provides for the process to Appeal a determination by the AHJ through Regional Review Boards located throughout the state. If you choose to appeal the City of Ithaca’s determination, please contact James King at our Syracuse Regional Office at 315-428-4434. Further, if you have any questions or concerns regarding this determination, please do not hesitate to contact the DBSC Oversight Unit. email@example.com.
Gary A. Traver
Oversight Unit, DBSC [Division of Building Standards and Codes, New York Department of State]
This is a follow-up to my April 2, 2018 blog post on column misalignment in E. Sibley Hall, Cornell University. As a result of that blog post (contained in an email to relevant parties), a new study was commissioned. One year later, the report was submitted to Cornell, but I was not permitted to see it. Finally, after meetings and email communication, the Dean of the College of Architecture, Art, and Planning agreed to make the report accessible to me, and I read it today in the Dean’s Office. Following is an edited version of my email response to that report, sent to all relevant parties.
I have reviewed the “Global Stability Study: Sibley Hall, Cornell University” prepared by Ryan Biggs Clark Davis Engineering & Surveying (dated April 23, 2019) and, in particular, the portion of the report that deals with column misalignment in E. Sibley Hall. In general terms, the report supports my observations from April 2, 2018, but there are several problems with the report that need to be addressed. In particular, their structural analysis appears to assume rigid joints between wooden roof elements rather than pinned joints, and ignores the role played by the steel girder supporting the attic joists.
The report has two key findings:
The report notes that “tie rods (installed in 2015) provide tension resistance at the skylight openings but do not provide resistance in compression. Under additional load, due to snow or other loading, additional inward deflection of the columns is likely.” [Executive Summary, p. iii]
The report notes that “at the third floor, many of the interior columns are not plumb. … In general, the tops of the columns lean toward the center of the building.” [p. 12]
However, the structural model shown in their Appendix C, in particular drawing SK-4, does not accurately represent the 3-dimensional nature of the actual structure. Specifically, joints between wooden elements are assumed to be rigidly connected, rather than pinned, and there is no mention of the steel girder holding up the attic joists. As I stated in my April 2, 2018 email, “the inward bowing of the steel girders over the misaligned columns on the third floor of E. Sibley … indicates that these girders—designed to transfer the gravity loads of the roof structure to the columns—are now also acting as parabolic tension chains, resisting the further inward movement of the columns and attic joists. Clearly, these girders were not intended to act in this manner, and there has been no mention, in either the Assessment report or in Silman’s structural drawings, of this potentially dangerous condition.”
In other words, the latest structural analysis in the April 2019 report continues to misunderstand the structural behavior of the E. Sibley roof, and has modeled the structure in a way (i.e., with rigid joints for wood elements) that underestimates the danger inherent in the structure, while completely missing the role played by the steel girder in holding this unintended “mechanism” together. The report also notes that the new tension cables are slack and notes that they don’t provide “resistance in compression,” but somehow does not draw any conclusions about the fact that the engineering assumptions that led to the specification of these cables—made by Silman Associates—were flawed.
Rigid connections are extremely difficult to achieve in wooden construction, especially where there are no steel gusset plates or other types of bolted or riveted connecting devices. It seems unreasonable (and unsafe) to make such assumptions for the ordinary wooden roof structure in E. Sibley Hall. Furthermore, the assumption of rigid joints is not even explicitly stated in the report; only the curvature (caused by internal bending) in the wooden roof elements modeled in Figure 4 gives us any clue as to the underlying assumptions used.
One further comment on the cracks noticed in E. Sibley Hall (especially in Room 144 ES). The report describes “cosmetic cracks noted in East Sibley and the diagonal crack in Room 144 of East Sibley” and suggests that they “may be associated to minor movements or vibrations associated with the construction of Milstein…” [p. 19]. The report fails to note the underpinning of the Sibley foundations during the construction of Milstein Hall which effectively “lifted” the masonry structure on top of an unstable new foundation wall (unstable since it had not yet been backfilled or tied back). This condition undoubtedly contributed to the problem of wall movement. Here’s what I wrote in my Milstein Critique in 2013: “While no officially-sanctioned study of the causes of these masonry cracks has been made public, one plausible explanation is that inadequately-braced foundations, together with excessive vibrations from caisson drilling, contributed to the cracking (Figures 5 and 6). The century-old foundations of East Sibley Hall were underpinned by creating a new reinforced concrete foundation wall under the existing shallow foundation. However, no tiebacks were used to prevent lateral movement of this new wall, which runs in an east-west direction. Some combination of lateral thrust originating in the brick arches cut into the perpendicular (north-south) walls and from the mansard roof above, along with vibrations from the drilling of caissons immediately adjacent to this new wall, may have triggered these substantial cracks in the perpendicular masonry walls of E. Sibley Hall. That is, the entire north wall of Sibley Hall appears to have moved laterally towards the excavated Milstein Hall construction site, because (1) the arches in Sibley Hall already provided a discontinuity—a line of weakness—in the perpendicular bracing walls; (2) a horizontal force (thrust) was already present in those walls due to the action of the arches themselves as well as the geometry of the Mansard roof above; (3) the vibration of the masonry structure by caisson drilling facilitated the cracking of relatively weak brick mortar joints; and (4) the laterally-unbraced underpinned foundation wall was able to rotate on its footing since no horizontal tie-backs were provided.”
I believe that Ryan-Biggs misunderstood the problems with the E. Sibley structure in their earlier “Building Envelope and Structural Conditions Assessment” from 2009, and that their current report is still inadequate. It would have been useful, in any case, to have provided them with my own analysis.
I’ve written a new song with rhymed verses based on Theodor Adorno’s “Golden Gate,” a short chapter (or extended aphorism) from his book, Minima Moralia: Reflections on a Damaged Life.
Adorno, a leading member of the Frankfurt School of critical theory, was a German philosopher, sociologist, psychologist and composer known for his critical theory of society (per Wikipedia). He was also known for disliking popular (as opposed to “serious”) music: Writing in 1941, for example, he argues that “in Beethoven and in good serious music in general—we are not concerned here with bad serious music which may be as rigid and mechanical as popular music—the detail virtually contains the whole and leads to the exposition of the whole, while, at the same time, it is produced out of the conception of the whole. In popular music the relationship is fortuitous. The detail has no bearing on a wholes [sic], which appears as an extraneous framework. Thus, the whole is never altered by the individual event and therefore remains, as it were, aloof, imperturbable, and unnoticed throughout the piece. At the same time, the detail is mutilated by a device which it can never influence and alter, so that the detail remains inconsequential. A musical detail which is not permitted to develop becomes a caricature of its own potentialities.”
So, apologies to the ghost of Adorno for creating rhymed verses out of his writings and setting them into a standardized popular framework in which “nothing fundamentally novel will be introduced.” The “Golden Gate” section that I have excerpted from Minima Moralia stood out for me when I read the book, and I thought immediately that it would make a good “love song,” sort of like a philosophical prequel to Neil Sedaka’s “Breaking Up Is Hard to Do,” which was recorded about 10 years later and covers much of the same ground, albeit without any of Adorno’s introspection and analysis. Compare Sedaka’s “Don’t take your love away from me / Don’t you leave my heart in misery / If you go then I’ll be blue / ‘Cause breaking up is hard to do” with Adorno’s “Someone who has been offended, slighted, has an illumination as vivid as when agonizing pain lights up one’s own body. He becomes aware that in the innermost blindness of love, that must remain oblivious, lives a demand not to be blinded,” which I have re-translated as “He’s been offended and slighted, his body feels lit up with agonizing pain / They say that love is oblivious, yet no one wants this blindness to remain.”
The scholar Rei Terada has quite a bit to say about Adorno’s complex portrayal of love in “Golden Gate” (see Looking Away: Phenomenality and Dissatisfaction, Kant to Adorno), e.g., that Adorno “contemplates the rights of the particular and universal as they inform the rights and judgments of love … The Kantian antagonism of Civilization and Its Discontents, that freedom is constrained by others’ freedom, plays for erotic stakes in this aphorism, written in the language of rights and titles. The slighted lover has suffered an ‘injustice [unrecht]’ in love, but realizes that even from his own particular perspective, he wants the other to be free, since otherwise there would be no possible happiness. It’s an instance in which the individual really does grasp the universal and the particular together—for reasons that are as interested as disinterested—and ‘reject[s]’ his own claim.”
Adorno’s original German text
104. Golden Gate. — Dem Gekränkten, Zurückgesetzten geht etwas auf, so grell wie heftige Schmerzen den eigenen Leib beleuchten. Er erkennt, daß im Innersten der verblendeten Liebe, die nichts davon weiß und nichts wissen darf, die Forderung des Unverblendeten lebt. Ihm geschah unrecht; daraus leitet er den Anspruch des Rechts ab und muß ihn zugleich verwerfen, denn was er wünscht, kann nur aus Freiheit kommen. In solcher Not wird der Verstoßene zum Menschen. Wie Liebe unabdingbar das Allgemeine ans Besondere verrät, in dem allein jenem Ehre widerfährt, so wendet tödlich nun das Allgemeine als Autonomie des Nächsten sich gegen sie. Gerade die Versagung, in der das Allgemeine sich durchsetzte, erscheint dem Individuum als Ausgeschlossensein vom Allgemeinen; der Liebe verlor, weiß von allen sich verlassen, darum verschmäht er den Trost. In der Sinnlosigkeit des Entzuges bekommt er das Unwahre aller bloß individuellen Erfüllung zu spüren. Damit aber erwacht er zum paradoxen Bewußtsein des Allgemeinen: des unveräußerlichen und unklagbaren Menschenrechtes, von der Geliebten geliebt zu werden. Mit seiner auf keinen Titel und Anspruch gegründeten Bitte um Gewährung appelliert er an eine unbekannte Instanz, die aus Gnade ihm zuspricht, was ihm gehört und doch nicht gehört. Das Geheimnis der Gerechtigkeit in der Liebe ist die Aufhebung des Rechts, auf die Liebe mit sprachloser Gebärde deutet. »So muß übervorteilt / Albern doch überall sein die Liehe.«
E.F.N. Jephcott’s English translation
104. Golden Gate. — Someone who has been offended, slighted, has an illumination as vivid as when agonizing pain lights up one’s own body. He becomes aware that in the innermost blindness of love, that must remain oblivious, lives a demand not to be blinded. He was wronged; from this he deduces a claim to right and must at the same time reject it, for what he desires can only be given in freedom. In such distress he who is rebuffed becomes human. Just as love uncompromisingly betrays the general to the particular in which alone justice is done to the former, so now the general, as the autonomy of others, turns fatally against it. The very rebuttal through which the general has exerted its influence appears to the individual as exclusion from the general; he who has lost love knows himself deserted by all, and this is why he scorns consolation. In the senselessness of his deprivation he is made to feel the untruth of all merely individual fulfilment. But he thereby awakens to the paradoxical consciousness of generality: of the inalienable and unindictable human right to be loved by the beloved. With his plea, founded on no titles or claims, he appeals to an unknown court, which accords to him as grace what is his own and yet not his own. The secret of justice in love is the annulment of all rights, to which love mutely points. ‘So forever cheated and foolish must love be.’ [last quote is from Hölderlin’s ode Tränen (Tears)]
1. He’s been offended and slighted, his body feels lit up with agonizing pain
They say that love is oblivious, yet no one wants this blindness to remain
He was wronged and deduces a claim to right, but all the same he must reject it
For only in freedom can what he most desires be effected He who is rebuffed becomes human—when faced with such distress and isolation
2. As love betrays the general to the particular, in which—to the general alone—justice is done
So now the general—as the autonomy of others—turns against the loving one
The persuasive rebuttal made by the general infiltrates the mind
And appears to the individual as exclusion—from all of humankind He who has lost love feels deserted—and this is why he scorns all consolation
3. Deprived without reason, the lie of individual fulfillment disturbs his restless night
Yet he awakes to the paradoxical consciousness of generality: love as human right
With his plea, founded on no titles or claims, he appeals to a court unknown
Which accords to him as grace what belongs to him and yet is not his own Justice in love is the annulment of all rights—this is love’s mute revelation
So forever cheated and foolish must love be*
* This line (here, as translated by Jephcott) is taken by Adorno from Hölderlin’s ode Tränen (Tears)
Music arranged and produced by J. Ochshorn
Recorded with Logic Pro X software
Vocals: J. Ochshorn
Real instruments: J. Ochshorn (acoustic and electric guitars, harmonica)
Software instruments played live on midi keyboard: J. Ochshorn (drums and bass)
Recorded at home in Ithaca, NY, July 2019.
The tracks are done separately and sequentially, with the acoustic guitar played over the drum track. I made the video using Final Cut Pro, lip-syncing in front of a black drop cloth.
I’m up to 1975 in my chronological covers of popular music: That must mean it’s time for Bob Dylan’s Blood on the Tracks. I chose the heart-felt, guitar-oriented ballad called “If You See Her, Say Hello” but decided to perform it on piano instead. the harmonica I play at the beginning and end does not appear in Dylan’s recording, nor does the alarm on my watch which went off somewhere in the middle of the song. But, hey, it’s a live recording, and the alarm was more or less in tune.
More of my covers and original songs can be found here.
Today, I filed a formal complaint with the New York State Division of Building Standards and Codes concerning fire- and life-safety violations in the Mui Ho Fine Arts Library in Rand Hall at Cornell University. This complaint contains essentially the same material that I submitted to the City of Ithaca on April 1, 2019, but in addition contains, as an appendix, the City of Ithaca’s response, along with my commentary on their response.
Links to all my writings about the Mui Ho Fine Arts Library in Rand Hall at Cornell University can be found here.
I presented a paper called “Flexibility and its discontents: Colquhoun’s critique of the Pompidou Center,” at the 107th annual meeting of the Association of Collegiate Schools of Architecture (ACSA) — the conference was called BLACK BOX: Articulating Architecture’s Core in the Post-Digital Era — at Carnegie Mellon University, March 28–30, 2019. The proceedings have not yet been published, but you can read the paper here.
Stewart Brand’s revised diagram of time-based building systems, based on Frank Duffy’s categories, but with two more S’s and some changed names (“site, structure, skin, services, space plan, and stuff”), each with its own characteristic time-frame for repair, maintenance, or replacement (image by J. Ochshorn adapted from an image by Stewart Brand, How Buildings Learn, p.13, which was, in turn, adapted from an image by Frank Duffy)
Figure 1. Cornell Chronicle parody headline created by J. Ochshorn
After I noticed column misalignment, slack tension cables, unintended girder curvature, and sloping attic joists in the newly-renovated Frances Shloss Studios on the third floor of East Sibley Hall, I requested information from Cornell about its structural design and, on March 21, 2018, was provided with a structural conditions assessment that had been prepared by Ryan-Biggs Associates in 2009, as well as four pages of structural plans prepared by Robert Silman Associates in March 2015.
On April 2, 2018, based on my examination of these documents, I sent a detailed, though speculative, critique of the structural design to various interested parties, including the director of facilities for Cornell, the director of facilities for the College, and the Director of Code Enforcement for the City of Ithaca. My critique suggested that the consulting engineer’s structural analysis was flawed, not only misrepresenting the behavior of the existing structure but detailing new structural elements that might well have triggered or worsened structural misalignments in the nineteenth-century building. The next day, Ithaca’s Director of Code Enforcement sent me the following note: “Thank you very much for copying me on your email, as of yesterday I am following up on it. Based on your excellent detailed analysis and photos documenting the conditions, I share your concern.”
Cornell—rather than heeding my advice to engage the services of an independent consulting engineer who was not involved in producing the Assessment report or the structural drawings for the E. Sibley renovation—hired Ryan-Biggs Associates to assess the conditions in East Sibley Hall, the same firm that did the initial conditions assessment in 2009. It took over a year for this process to come to a conclusion and, having finally received the report from Ryan-Biggs, Cornell is now refusing to release it. I received the following explanation from the College’s facility director on May 3, 2019: “Hi Jonathan, The report was paid for and is the property of Facilities & Campus Services. It isn’t a public document that I can share. However, I can share that the final results showed that the East Sibley structure is sound and there is no need for additional reinforcement at this time.”
Hence, the Cornell Chronicle parody headline above (Figure 1). I have not been told what top-secret or otherwise sensitive information is in the report that precludes its release. The original structural engineer for the third-floor renovation, Robert Silman—who died in 2018—is a well-respected Cornell alumnus who, as explained here, was influential in directing some of architect Edgar Tafel’s estate to Cornell as a gift. Is there something in the Ryan-Biggs report that might implicate Silman’s firm in a negative or embarrassing way? Is the condition of East Sibley Hall “sound” because of their structural design, or in spite of their structural design? How did the latest Ryan-Biggs report model current structural conditions (i.e., as conventional roof rafters creating an outward thrust or as a collection of unstable mechanisms tending to rotate inward)? Was a dynamic analysis used to assess the response of this highly unusual structure to wind and earthquake forces? How were nineteenth-century clamps—intended to connect girders to the columns for gravity loads only—assessed in terms of their capacity to resist dynamic tension forces induced by winter blizzards or seismic events (Figure 2)? Were members of Cornell’s facilities staff embarrassed by their role as facilitators of this flawed design project? Or did the report conclude that all structural design assumptions for the third-floor renovation were valid, that the supervision and execution of the project was properly done, and that, therefore, all of my concerns were unfounded? None of these questions can be answered unless Cornell releases the report. The City of Ithaca Building Division should require Cornell to submit the report as evidence that the structural renovation meets standards outlined in the New York State Building Code (thereby making the report public), but the Building Department has shown little interest in holding Cornell accountable when it comes to Code compliance.
Finally, the misalignment of the third-floor East Sibley columns—whether caused by or just exacerbated by the Shloss Studio renovations; and whether presenting an imminent threat to safety or not—should be corrected.
Figure 2. The left image shows column misalignment on the third floor of East Sibley Hall, with tension cables effectively pulling the columns further out of vertical alignment; the right image shows a nineteenth-century clamp connecting girders to columns, a fastener never intended to resist tension forces induced by the columns pushing laterally on the girders (photos by J. Ochshorn, May 4, 2019)
On a related note, Cornell’s College of Architecture, Art, and Planning (AAP) has also refused to include news about my Title-19 code complaint—which outlines numerous life- and fire-safety violations in the Rand Hall Mui Ho Fine Arts Library—in its “News & Events” postings, or any of its other social media venues. Demonstrating contempt for academic freedom by engaging in egregious “viewpoint discrimination,” Cornell AAP has chosen to censor my critique of life- and fire-safety violations, not because it isn’t newsworthy or of interest to its target audience, but because Cornell administrators oppose its point of view and, apparently, fear an open and vigorous debate about these important issues.
I submitted a formal code complaint today about the Mui Ho Fine Arts Library in Rand Hall at Cornell University. As far as I can tell, the project—under construction and expected to open before the Fall 2019 semester begins—has at least nine substantial fire safety and life safety violations, all explained in my complaint document:
Violation #1: Unenclosed egress stair in the atrium.
Violation #2: Inadequate number of plumbing fixtures in the roof-top bathrooms.
Violation #3: Fifth floor incorrectly labeled as mezzanine within the atrium.
Violation #4: Lack of 1-hour horizontal assembly between the atrium and roof-top spaces.
Violation #5: Smoke control system does not protect building occupants.
Violation #6: Elevator too small for an ambulance stretcher.
Violation #7: Allowable story height exceeded for library occupancy without Type I construction.
Violation #8: Allowable floor area is exceeded at the second story.
Violation #9: Vertical openings in bookstack floors.
This schematic section through Rand Hall (Figure 8 in my formal code complaint; drawn by J. Ochshorn) illustrates just one of the nine code violations I have identified: a smoke control system that does not “provide a tenable environment for the evacuation or relocation of occupants” as the New York State Building Code requires.
All of my writings about the Rand Hall library project are linked from this website.