Having not heard back from the New York State Division of Building Standards and Codes about appealing their ruling about my complaint concerning code violations in the Mui Ho Fine Arts Library in Rand Hall at Cornell University, I sent this email to Brian Tollisen, Deputy Director of the New York State Division of Building Standards & Codes, on December 3, 2019:
It’s been a month since our last conversation in which you said that a “response letter” was being finished up and would be sent to me. We discussed waiting for this letter to be sent, and resolving the question of whether I had standing, before I submitted a formal appeal to the Syracuse Regional Office.
Please let me know when this response letter will be completed and whether your “legal people” have determined if I have standing to bring a complaint.
It has been eight months since I submitted a formal code complaint with the City of Ithaca Building Division and six months since I filed a formal complaint with the New York State Division of Building Standards and Codes. In all this time, I have not received a single substantive response to any of the nine code violations that I described in my complaints. I have shown in each of these nine instances how specific sections of the New York State Building Code have been violated. Not even one specific allegation that I have made has been challenged with a coherent counter-argument. In fact, James Harding of the New York State Division of Building Standards and Codes has confirmed that my reasoning in Violation #1 (Unenclosed egress stair in the atrium) and Violation #4 (Lack of 1-hour fire-rated construction between the atrium and roof-top spaces) is correct.
In my view, the Mui Ho Fine Arts Library in Rand Hall at Cornell University is unsafe, noncompliant, and presents a clear danger to its occupants. For that reason, I am eager to appeal the ruling of the DBSC Oversight Unit (Complaint #4660), and await your response letter in order to pursue this appeal.
[Update Dec. 4, 2019: I spoke to Brian Tollisen, at his suggestion, later on Dec. 3, 2019. He said that some aspects of the Rand Hall Fine Arts Library case had been “re-opened” and that they were not “leaving any stone unturned.” He also said that their work was close to being done, so that I should expect to hear from them in the near future. We’ll see.]
All my writings about the Mui Ho Fine Arts Library are linked from this webpage.
Well, I’m up to 1976 in my series of musical covers: that means The Royal Scam album by Steely Dan, from which I’ve selected “Don’t Take Me Alive.” I needed to lower the key 5 semitones, since I don’t have Donald Fagen’s rock ‘n’ roll voice, and I attempted to “interpret” the amazing guitar work of Larry Carlton on keyboards—really an impossible task. I recorded the song live—i.e., keyboards and vocals simultaneously—after recording a drum track using Logic Pro X. After that, I added a bass line (played on my MIDI keyboard) and some background vocals. That’s it. The video was created using Final Cut Pro; the introductory police scene is taken from a YouTube video of the Kalamazoo police surrounding a condemned building. I found the police sirens from another generic YouTube video created for that purpose. Links to all my music videos are here.
An article in the Cornell Daily Sun reports on the obvious: that the Mui Ho Fine Arts Library that was recently completed in Rand Hall at Cornell University is, in many ways, dysfunctional. The Sun mentioned the architect’s specification of see-through steel grating for all stack-level floors. I have written previously about the fire-safety implications of such floor construction, but the Sun article focuses on the ability of people to look up through the gratings at women wearing dresses. (I’m mentioned in the Sun article as Prof. “Oschorn.”)
Transparent grated floors in the Mui Ho Fine Arts Library in Rand Hall at Cornell University. Photo by J. Ochshorn.
All of my writings about the Rand Hall Fine Arts Library can be found here.
Architecture students, as future professionals, need real guidance on how to make zero-carbon (aka sustainable) buildings. This needs to be implemented primarily through Environmental Systems courses, but also—importantly—through Design Studio courses. My feeling is that the current design sequence at Cornell adequately addresses virtually none of the important architectural issues discussed within the Environmental Systems/Construction/Structures sequences in a coherent and systematic manner, focusing instead on design as a means of formal expression.* This is increasingly anachronistic, as the planet spirals into some sort of climate-change catastrophe. Michael Pollen famously summarized his dietary advice in seven words: “Eat food. Not too much. Mostly plants.” One could summarize viable strategies for sustainable building design, per Joseph Lstiburek, in a similarly concise manner: “Use lots of insulation, airtight construction, controlled ventilation, and not a lot of glass.” Similarly concise words of wisdom could certainly be found for life safety, structural design, and construction. But such sage advice needs to be reinforced within all the design studios (and not just one “sustainable” or “integrative” studio). Of course, this poses a threat to the way we foster design consciousness in our students.
So be it. It’s the only way I know of to make a curriculum that takes issues of human and environmental well-being—including global warming—seriously.
* To the objection that our design studios actually deal with issues affecting human and environmental well-being, I offer this passage from Veblen: “The psychological law has already been pointed out that all men—and women perhaps even in a higher degree—abhor futility, whether of effort or of expenditure,—much as Nature was once said to abhor a vacuum. But the principle of conspicuous waste requires an obviously futile expenditure; and the resulting conspicuous expensiveness of dress is therefore intrinsically ugly. Hence we find that in all innovations in dress, each added or altered detail strives to avoid instant condemnation by showing some ostensible purpose, at the same time that the requirement of conspicuous waste prevents the purposefulness of these innovations from becoming anything more than a somewhat transparent pretense.”
— Thorstein Veblen, The Theory of the Leisure Class: An Economic Study of Institutions (New York: The Macmillan Co., 1912—originally published 1899), 176–77. (Emphasis added.)
[See Dec. 3, 2019 update here] 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. firstname.lastname@example.org.
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.