Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-05-20
TO PROBE
BUIL. Ding
COLL
Law Department to Take
Clinton Street Matter
in Hand.
0'ROURKE CLAIMS LAW
HAS BEEN VIOLATED
Building Department Was Not
Notified of Intention
to Raze.
0'ROURKE CLAIMS LAW
HAS BEEN VIOLATED

Declaring that section three of the
new'building code has been violated by
the firm of e. M. Waldron & Co.,
superintendent O'Rourke of the build
ing department, will ask the law de-
partment to take the matter in hand
The alleged violation occurred yester-
day morning at 3s-41 Clinton street,
where the Waldron, firm is tearing
down building, the site of which will
be occupied by the Newark Fire In
surance Company in the near future
Mr.. O'Rourke holds to his statement
of yesterday, when he declared that
the material was stored on the floor
instead of being lowered to the ground,
as provided bylaw. He also says that
the firm violated the ordinance by not
giving the department twenty-four
hours notice that the building was to
be demolished. Mr.. O'Rourke said:
Both Spirit and Letter.
mot only has the spirit of the law
been violated but also the letter. The
code expressly says that no material
shall be stored on the floor I found
that the material was stored on the
floor. / also emphatically state that
Mr. Waldron did not notify u that the
building was to be demolished. There
is no doubt of the fact that the code
was violated, and l will put the matter
UP to the law department on Monday"
Charles A. Sloan. the inspector in
charge of the district, repeated the
statement made by the superintendent
and declared that all the inspectors on
the job yesterday agreed that the code
was violated.
Mr.. ORourke further said that mis-
department received no notification of
the fact that the Holt Building, on
the corner OF Cedar and Broad streets.
was to be razed. He said. however,
that his inspectors knew that this
would be done, because of the fact
that the plans for the new building
were approved February l. and the
inspectors had the matter on etheiT
books.
No Permit Issued.
The Clinton street case is different.
because no permit has as yet been
issued for the new building. and Mr..
O'Rourke Gays that his inspectors
could not know that t.e work of demo-
lition was already begun.
Mr.. O'Rourke fas asked why he did
not bring action against Mr.. Waldron
when he found that the department
had not been notified about the Cedar
and Broad building. Mr.. O'Rourks
said; Although the code provides
that we get twenty-four hours notice
did not wish to make trouble be-
cause l knew that the work was car
ried on properly. 1t is not my inten-
ton to make 1t hard for contractors.
and when my inspectors informed me
that everything at Cedar and Broad
streets was all right l was satisfied
Although the superintendent is GER
tain that the code has been violated
Mr. Waldron thinks otherwise.
Wnidron Explains.
Samuel p Waldron, one of the firm,
explained his attitude in the matter to
a STAR reporter today.
Read section 8 of the building
code" he explained That's all l can
say. We take contracts either with
the understanding that we obtain the
permits or that the architect or owner
does. In this case the architect fled
plans and specifications and obtained
the necessary permit to erect the new
building. Now, that covers the case.
The granting of that permit carries
with it the implied right to tear down
whatever is standing on the property.
] think that is self-evident. Nothing
else was needed.
In my twenty years of ex-
perience here I've never had man
killed I've never been sued and 1 have
gained a reputation as a careful I, uild-
err. And that reputation hasn't been
lightly gained, L can tell you
Now, our foreman here was 80 years
old and was a thoroughly experienced
man. He's been an architect, con-
tractor and superintendent for fifteen
years, and has worked for the biggest
contractors in the West and here.
wouldn't have put him OF if he hadn t
been entirely competent. But the build
ing was old and it couldn't stand the
strain of the tearing down process.
Yet every precaution had been taken.
Indeed the same thing might just as
wen Hdppeh INV III tio oeiSA houe7
just now. AS for'the four tons of brick
why. there's hardly more than that
in whole side, for it's only an eight
inch wall. Civil service building in
spectors who have been drug clerks
can't know everything about con-
tractors work.
MIR. Waldron admitted however. that
ne had not taken out special permits
for the Clinton street building. or for
the two other tearing-down contracts
on Broad street.
The permit from the street depart
ment to use the streets at certain
times-that is the only permit have
used Section 8 is something new in
the code, and, by the way, I've never
u. b. Lawn Rollers.