Comm. Board 4 to Dept. of Buildings — October 9, 1997

330 WEST 42ND

October 9, 1997

Hon. Ron Livian,
Manhattan Borough Commissioner
NYC Department of Buildings
60 Hudson Street, 5th Floor
New York, NY 10013

Re: 315-327 West 44th Street, Borough of Manhattan
(also street address of 322 West 45th Street)

Dear Commissioner Livian:

The above building is a 11-story office building located within the Preservation Area of the Clinton Special District. The main entrance to the building is at 315-327 West 44th Street and there is a service or back entrance at 322 West 45th Street.

It has come to our attention that the building does not have a current Certificate of Occupancy ("C of O"); in fact, the last C of O issued was a "TEMPORARY CERTIFICATE OF OCCUPANCY TERMS: NINETY (90) DAYS EXPIRES JULY 22, 1994".

For your convenience, we attach a copy of that C of O. This Board urgently requests that your Department initiate the appropriate steps to have the owners of this property obtain a current C of O.

It has also come to our attention that the user of the 8th Floor of this building, HS Systems (a for-profit health provider), is not in compliance with the temporary C of O in that:

  1. the number of employees and clients (as well as accompanying family members) greatly exceeds to permitted occupancy numbers for that floor
  2. the clients (and accompanying family members) are not allowed to use the main entrance and its bank of elevators (off of West 44th Street) but must use the service elevator accessed from the service/back door on West 45th Street.

We believe the above are major fire safety problems which need to be addressed immediately.

We are also alarmed that the building owner has allowed this substantial over-occupancy to exist on the 8th Floor. We request that the Department of Buildings, in its actions to ensure a current C of O, also confirm that each and every floor is in compliance with the legal use and occupancy.

Should you have any questions or need further information, please do not hesitate to contact Jo Ann Macy, Co-Chair of the Clinton Land Use and Zoning Committee, at 246-0774.


Pamela Frederick

Chair, Community Board No. 4

Jo Ann Macy, Elke Fears
Co-Chairs, Clinton Land Use & Zoning Committee

Mary D. Dorman, Timothy R. Gay
Co-Chairs, Quality of Life Committee

Hon. Rudolph Giuliani, Mayor
Hon. Ruth Messinger, Borough President
Hon. Jerrold Nadler, United States Representative
Hon. Catherine Abate, State Senator

Hon. Franz Leichter, State Senator
Hon. Richard Gottfried, State Assemblymember
Hon. Scott Stringer, State Assemblymember
Hon. Tom Duane, City Councilmember
Bill Daly, Mayors Office of Midtown Enforcement
William Real Estate, Managing Agent for building (704-3500)
Wanda Lynn, Mayors Community Assistance Unit
Chief Joseph B. Grosso, Fire Department- 9th Battalion
Ron Colby and John Fisher, West 45th St. Block Assoc.
Myrna Payne, Human Resource Administration
Yvonne Jones, HS Systems, Inc.