Mayor de Blasio Announces New Steps to Ensure Safety Following East Harlem Fire Under MTA Tracks

May 26, 2016

NEW YORK—Mayor Bill de Blasio announced today new steps to ensure safety on all City-owned properties under elevated rail infrastructure, following an East Harlem fire under Metro North tracks that delayed rail service on the Harlem and Hudson lines earlier in May.

The steps include a review and regular safety sweeps of City-owned or managed properties under elevated transportation infrastructure, particularly those leased to private tenants, as well as an amended lease agreement with Urban Garden Center, where the May fire occurred.

“The city has taken swift and strong action, and we’re doing all we can to prevent incidents like this from happening again,” said Mayor Bill de Blasio. “We are ramping up inspections in the affected area and reviewing sites under critical infrastructure citywide to ensure New Yorkers’ safety and peace of mind.”

“The safety of the public and our vital infrastructure is paramount,” said New York City Council Speaker Melissa Mark-Viverito. “The lease amendments offered to Urban Garden Center will allow this longstanding East Harlem business to remain in its current location while ensuring proper oversight to prevent incidents like this in the future.”

The Urban Garden Center occupies city-owned property at La Marqueta through a lease managed by the NYC Economic Development Corporation. FDNY and NYCEDC have investigated the site multiple times in the days since the fire, and no remaining issues have been found.

A number of city agencies, including SBS, DOB, DOT, and FDNY, have commenced a review of all City-owned property underneath elevated transportation infrastructure to ensure no unlawful conditions exist that could contribute to a future incident. EDC and FDNY also have reviewed the portfolio of EDC-managed public retail markets. All of these markets are regularly inspected by the City, and the several open lots that are part of La Marqueta will now be inspected monthly by FDNY.

In addition, the City will be amending the lease for Urban Garden Center to include clear and direct terms including a revised access provision: City agencies and EDC may enter at any time if an emergency or a need to inspect or conduct repairs exist, and the MTA may enter at any time if the agency has a need to inspect or conduct repairs to MTA property. The amended lease would also explicitly prohibit storage of flammable gas and liquids. UGC has two days to review the terms of the amendment, which was developed with input from the MTA and FDNY.

The FDNY Marshal’s investigation found that Urban Garden Center had been storing gasoline in larger quantities without necessary permits required by FDNY regulations. FDNY also found propane tanks. While the propane tanks did not play a role in the fire, Urban Garden Center did not have the necessary permits to store them. It also did not have permission to store the gasoline or propane tanks from NYCEDC. FDNY has already issued relevant summonses – which require a court appearance – to Urban Garden Center for the following violations:

• Unlawful storage, handling and use of LPG (liquefied petroleum gas).
• Unlawful use of LPG for space heating (greenhouse).
• Unlawful storage of gasoline in quantities requiring a permit.
• Unlawful storage of portable fueled equipment.

FDNY will continue regular inspection of the Urban Garden Center at least once a month until further notice. NYCEDC will expand its existing inspection regime to include monthly safety sweeps of tenant property at La Marqueta and quarterly safety sweeps of other NYCEDC-managed property near critical infrastructure.

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