City finally ready to OK licensing for home builders

Agreement is reached on a law that was proposed by Mid-Island councilman

Friday, September 22, 2006

By KAREN O'SHEA

STATEN ISLAND ADVANCE

The city is close to passing a law that would require builders of one- , two- and three-family homes to get a license to build, a city councilman who helped draft the legislation said last night.

At a special task force meeting on the state of the Buildings Department, Councilman James Oddo (R-Mid-Island/Brooklyn) said he expects to announce in the next two weeks a builder licensing bill that would have the backing of Buildings and the mayor. Similar bills have died over the last decade because of lack of such support.

Buildings even opposed a licensing bill Oddo proposed last year, calling it too onerous. Last night, Oddo said he had been working with the agency over the last few months to come up with new legislation. He declined to give many details about the bill, but said the new law would have enforcement teeth and would give the city the right to seize equipment from problem builders.

"If bad guys do bad things there is an actual penalty. Right now, there is no penalty," Oddo said during last night's meeting of about 100 people at Staten Island Technical High School in New Dorp.

Oddo said he expects support from the Building Industry Association, which has said in the past that it would back some form of registering or licensing of builders here.

"No builder who is a good builder should fear this bill," Oddo added.

 

COMPLAINTS VOICED

It was a bit of good news for people who came mostly to vent about a lack of Buildings Department enforcement. Islanders spoke about problems as varied as a house built with a yard too small under zoning, to a one-family home in West Brighton illegally converted to a single-room-occupancy hotel housing several residents, including a registered sex offender.

"If we have to wait for [Buildings] to rectify it, we will have a serious problem," Christina Genovese said of the illegally converted house on her Bement Avenue block, where she recently learned a registered sex offender convicted of raping a woman and a child was living.

An inspector who checked out the house on Wednesday reported that he could not get access to seven of 10 rooms inside and noted plans for a follow-up inspection, according to the Buildings Department Web Site.

Shortly after last night's meeting, however, the Fire Department evacuated the house for reasons of safety. Nine people, including the registered sex offender, were moved out, according to residents on the block.

"We are often the sheriffs," Councilman Andrew Lanza (R-South Shore) said of the role politicians and neighbors play when it comes to enforcing building and zoning codes.

No one from the Buildings Department attended the task force meeting last night. Oddo said representatives from the agency have sat in on past meetings in the Bronx and Queens to observe and take notes, but he said the meetings are meant primarily to give constituents a voice.

The Council task force plans to issue recommendations about how to improve the Buildings Department after the borough meetings are complete. Oddo credited the agency with working to make changes now, including filling long-vacant positions.

June Delaney, president of the Tottenville Civic Association, said change is happening slowly. But she said her association could still point to several examples of building violations disregarded by builders who keep working on projects. She said the community does not want to have to police builders but often finds it has no other choice.

Who is watching the architects who submit problematic plans, was the question from one man last night.

 

OTHER PENALTIES

Oddo said the Council also is considering ways to increase penalties for professionals who certify building plans with zoning or building code violations.

Professional certification allows architects and engineers to vouch that building plans meet zoning and building codes and avoid what can be a lengthy wait for a Buildings Department plan examiner. About 20 percent of professionally certified applications are spot-checked by the agency through auditing.

Earlier in the day, the Council heard testimony on bills that seek to increase oversight of that system and boost penalties against engineers and architects who certify a plan using false information.

One bill, introduced by Councilman Michael McMahon (D-North Shore), is the most extreme and would abolish the program altogether. McMahon argued that ensuring proper plans is a responsibility that rests solely with the city.

"To allow architects and engineers to self-certify a plan, when they are hired by somebody to get that plan through and to get that plan approved as soon as possible, they are not acting as independent professionals," he told Robert LiMandri, Buildings' first deputy commissioner. "They are acting as hired guns."

-- Advance City Hall reporter Heidi J. Shrager also contributed to this report.

 

Karen O'Shea covers real estate news for the Advance. She may be reached at oshea@siadvance.com.

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