I have identified nine serious life- and fire-safety violations in the newly-opened Mui Ho Fine Arts Library at Cornell University and am still unable to appeal the ruling of New York State’s Division of Building Standards and Codes (DBSC) because the DBSC has not completed their “re-opened” review of the case. Here is what I wrote to them today:

It has been three months since our last conversation in which you said that some aspects of the Rand Hall Fine Arts Library case had been “re-opened,” that you were not “leaving any stone unturned,” and that your work was close to being done (i.e., that you would likely be finished before January 2020). I have also been told … that “there has been a request by DBSC for additional information from the consultants that provided the smoke control modeling for the project.” As I wrote in my email copied to you on Feb. 11, 2020, I believe that my complaint should be adjudicated based on whether the City of Ithaca appropriately granted a building permit, irrespective of whatever documentation may have been provided after my complaint was filed.

It has been eleven months since I submitted a formal code complaint with the City of Ithaca Building Division and nine months since I filed a formal complaint with the New York State Division of Building Standards and Codes. In all this time, I have still not received a single substantive response to any of the nine code violations that I described in my complaints.

The Mui Ho Fine Arts Library in Rand Hall at Cornell University remains 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). Please let me know (1) the status of my complaint, (2) when your “work” will be completed, and (3) your specific reasoning for discounting each of the nine code violations that I described in detail. Please provide answers in writing: your prior requests to “give me a call at your earliest convenience”—on Nov. 5, 2019 and Dec. 3, 2019—have proven to be unsatisfactory.

Links to all of my writings on Cornell’s Fine Arts Library can be found here.

Updated Sept. 22, 2020: I finally got the go-ahead to file an appeal. Details here.

[Updated below] 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.]

[Update March 3, 2020 can be found here.]

[Update Sept. 22, 2020 can be found here. Code appeal submitted.

All my writings about the Mui Ho Fine Arts Library are linked from this webpage.

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.

[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. oversight@dos.ny.gov.

Sincerely,

Gary A. Traver
Assistant Director
Oversight Unit, DBSC [Division of Building Standards and Codes, New York Department of State]