Three New York City fire protection inspectors (FPIs) say they did everything required to join the Fire Academy and become city firefighters — they invested time and money, completed the required process, and passed the Candidate Physical Ability Test (CPAT). But Franbel Peralta, Rashed Zaman, and Ryan Clarson are still waiting to enter a probationary firefighter class.
A growing number of people who support them say they’re being delayed because the FDNY is still hesitant to promote more people of color from its fire-prevention workforce into its better-paid firefighter force.
They claim the FDNY is still having difficulty keeping up with its equity promises — particularly those tied to a recent racial-discrimination settlement.
The three men already work inside the FDNY’s Bureau of Fire Prevention. As FPIs they enforce the fire code, inspect buildings, schools, construction sites and fire-suppression systems, identify hazards, issue violations or summonses and, when required, testify in court. “Our job is more proactive than retroactive,” FPI Zaman said, noting that their jobs can place them in confined, smoky, and hazardous locations. “Our job is to make sure that everything in the building is ready for the emergency.”
As firefighters they will be toting hose lines and rescue equipment while responding to fires and emergencies. But probationary firefighters need to complete academy training before they can take on that kind of work.
Supporters point out that the three inspectors completed the CPAT and other requirements and were ready to enter the Fire Academy when FDNY officials removed them from the process. According to the FDNY’s candidate guide, applicants do an intake, background checks, medical and psychological exams, and a timed run. The CPAT requires candidates to complete eight job-related tasks in 10 minutes and 20 seconds while wearing weighted equipment.
When asked why the FPIs were not allowed to go on to the Fire Academy, the FDNY emailed a statement to the AmNews that said: “All three of these candidates are over age (they reached their 29th birthday before the application period).
“We have no legal avenue to promote these candidates as they do not meet the criteria to be promoted.”
But the FPIs have a growing list of individuals and organizations who are saying there’s no valid reason they should not be promoted. City councilmember Kevin C. Riley has urged city officials to realize that the three fire protection inspectors were initially assured they could move toward becoming firefighters under the one-time exception to the maximum age requirement set forth under Local Law 139 of 2023. In a Jan. 9 letter, Riley said the fire protection inspectors were first told they were eligible and took part in the DCAS promotion process but were later denied the age exemption — even though it was granted to EMS workers.
In a June 2 letter, Daniel S. Sterling, the 1st vice-president of the Vulcan Society, the Black firefighters’ organization, said the FPIs appeared to have faced many of the same “extraordinary circumstances” that prompted COVID-era accommodations for other FDNY personnel. The Vulcans called for a careful review to ensure that Local Law 139 of 2023 is “fully realized and consistently applied.”
And in a July 7 letter, Robert C. Eustace, vice president of the Uniformed Firefighters Association Local 94, wrote that the three inspectors “took the promotional exam, passed it, were assigned list numbers by DCAS, and were allowed by DCAS to go through the full CPAT training.” He added that they were assigned firefighter mentors who assisted them during the promotion process.
CPAT prep starts months in advance
Zaman said the CPAT was an intense physical test where you had to wear a 50-lb weighted vest while doing a stair climb and a series of equipment carry exercises. “It actually requires you to prep for months in advance to even pass this physical part,” he said.
Zaman prepared for the test while traveling from Staten Island to Randall’s Island after work, and while his wife was pregnant. “The biggest thing was time,” he said. “I was sacrificing my time at home, but I figured it was going to be for a great opportunity, and I didn’t mind it.”
All three FPIs had passed the CPAT and were preparing to do the medical stage when they were told they could no longer continue the process. “It was like a rug was pulled out from under our feet,” Zaman said. “We were essentially forced to withdraw from the process, still keeping our list number active, God willing that we get a chance to finish the process and become firemen.”
Fire protection inspectors recently won a major case against the FDNY. Chalmers v. City of New York, a pay-discrimination lawsuit, ended in a settlement worth about $29 million and created a labor-management committee that’s supposed to help guide how FPIs are treated and help outline their working conditions going forward. Labor committee representatives Darryl Chalmers and Joseph Wilson have pushed to have the FDNY admit Zaman, Peralta and Clarson to the academy — they say there’s no valid reason for them not to be advanced.
When AmNews emailed the FDNY to ask why the fire inspectors were not included under the Local Law 139 of 2023 exemption, the department replied: “The exemption did not apply to fire protection inspectors. It was only for members of EMS.”
The letter of support from the Uniformed Firefighters Association Local 9 rejected the idea that admitting the inspectors would create a broader precedent.
“Admitting them into the next class sets no precedent that can be used against the Department later, as these three FPIs are the only people to whom this unique set of circumstances apply,” they wrote. The union asked the FDNY to allow the three inspectors to join the next class as probationary firefighters, citing their reliance on assurances from local officials and DCAS’s decision to score their exams, assign list numbers, and permit them to train.
“We didn’t ask for any special treatment,” Zaman said. “We just looked for fair treatment. We did everything we were supposed to. We didn’t cut any corners; we didn’t take any shortcuts. We took the exam, we passed it, and we should have been given a fair chance.”
