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More Questions Face Gloucester City Council

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THE 4-STORY APARTMENT BUILDING THAT BURNED down in Gloucester last weekend did not have an occupancy permit, nor had there ever been a full inspection of the property.

[photopress:gloucester_d_globe_1.jpg,full,centered]
Boston Globe

Records show that the current owners purchased the property in February, 1999, but never obtained the occupancy permit as required by state law.  Before an occupancy can be granted, the property has to first have a safety inspection, yet despite letters from the city telling the owners to schedule one, it was never done.

The city’s sole building inspector William Sanborn said, “I don’t think we’ve ever completed a full inspection (of that building).”  The Gloucester Times reports further:

Sanborn explained that such inspections, which are required by the State Building Code, look for “life and safety issues” – the absence of required fire extinguishers, for example, or structural and electrical deficiencies that must be brought up to code.

Sanborn said his department apparently took no action in response to the owners’ failure to schedule the required inspection.
 
Sanborn said there was also no record of a response to a May 2006 letter to the owners informing them that an “egress” from a basement apartment was not operating properly.

The city had three inspectors, but after one resigned the position was left vacant “to save money.”  This past summer another was fired with cause, leaving Sanborn as the only building inspector in the city.

The Gloucester Times has the full story on the lack of inspections and permits HERE.

There will be questions asked of the City Council such as:

  • Why were the owners permitted to rent out residential apartments without a legal occupancy permit?
  • The fire department has publicly stated that they have long considered the building to be a fire trap.  Why did the city allow the owners to operate without one?
  • When deficiencies and overdue inspection notices were ignored by the owners, why did the city not execute enforcement?
  • Why does the city continue to this day to under-staff the inspector’s office making it impossible for the (now only) inspector to complete all the state-mandated inspections?
  • Why does the city put a ladder truck in service with only one person when NFPA standards recommend four firefighters be assigned?
  • On the night of the fire, why was the fire department operating with less than the contracted number of firefighters on duty?
  • Why do the dispatch guidelines call for a single-engine response to a “smell of smoke” in a multi-occupancy building that the fire department has called a “fire trap”?

 [photopress:gloucester_ladder2_1.jpg,full,centered]

There will be more questions come up as the investigations proceed.  Firegeezer will be watching.
 

  • Anonymous

    You damn skippy you’ll be watching and so too will KingCast.

    http://christopher-king.blogspot.com/2007/12/kingcast-says-rut-ro-no-building_21.html

    I emailed the town to verify that occupancy permit issue but haven’t heard back. Time for a phone call…. because they are apparently closed today (Christmas Eve). Someone on a Boston Herald forum wrote to me and said that was a reporting error, but having been a reporter off an on since 1988 I must say that would be a HUGE error, and one that would be actionable in Defamation.

    *************

    And as to the cause of the fire there’s plenty to wonder about too, as noted in the above link:

    “Carignan said there were no fire extinguishers that he knew of in the building and firefighters didn’t have one on their truck. He helped them to pull the hose in and held it down with them as they sprayed down his apartment.

    Carignan’s two-room, $700-a-month basement apartment was near the boiler room. He said that he’d followed landlord Gary Raso there days before the fire to ask him a question because Raso had not responded to phone calls. Carignan said that Raso told him he couldn’t be in the boiler room and asked to meet him outside.

    Carignan said that before he left the boiler room, he saw a fluorescent green liquid, like anti-freeze, all over the floor. He added that a heating company had been working on something in the boiler room for a week and a half, and he could smell gasoline from his basement apartment throughout that time.

    Carignan said that on the day of the fire, new workers had come into the boiler room. He said they were not from the original company and arrived in an unmarked truck.

    Raso could not be reached for comment yesterday.”

    ….That would be par for the course as he hasn’t called my friend back either. S.S. was out right before Robert Taylor died.

  • http://kingcast.net/KingCast/Welcome.html KingCast

    You damn skippy you’ll be watching and so too will KingCast.

    http://christopher-king.blogspot.com/2007/12/kingcast-says-rut-ro-no-building_21.html

    I emailed the town to verify that occupancy permit issue but haven’t heard back. Time for a phone call…. because they are apparently closed today (Christmas Eve). Someone on a Boston Herald forum wrote to me and said that was a reporting error, but having been a reporter off an on since 1988 I must say that would be a HUGE error, and one that would be actionable in Defamation.

    *************

    And as to the cause of the fire there’s plenty to wonder about too, as noted in the above link:

    “Carignan said there were no fire extinguishers that he knew of in the building and firefighters didn’t have one on their truck. He helped them to pull the hose in and held it down with them as they sprayed down his apartment.

    Carignan’s two-room, $700-a-month basement apartment was near the boiler room. He said that he’d followed landlord Gary Raso there days before the fire to ask him a question because Raso had not responded to phone calls. Carignan said that Raso told him he couldn’t be in the boiler room and asked to meet him outside.

    Carignan said that before he left the boiler room, he saw a fluorescent green liquid, like anti-freeze, all over the floor. He added that a heating company had been working on something in the boiler room for a week and a half, and he could smell gasoline from his basement apartment throughout that time.

    Carignan said that on the day of the fire, new workers had come into the boiler room. He said they were not from the original company and arrived in an unmarked truck.

    Raso could not be reached for comment yesterday.”

    ….That would be par for the course as he hasn’t called my friend back either. S.S. was out right before Robert Taylor died.

  • Anonymous

    Update, Wednesday 26 Dec. 1:09 p.m.

    Still trying to get an answer from City Hall. The Health Department issues what is called a “Certificate of Rental Dwelling,” according to the Building Department. I telephoned the Health Department to see if there is such an animal for the subject premises and am waiting to hear back.

  • http://kingcast.net/KingCast/Welcome.html KingCast

    Update, Wednesday 26 Dec. 1:09 p.m.

    Still trying to get an answer from City Hall. The Health Department issues what is called a “Certificate of Rental Dwelling,” according to the Building Department. I telephoned the Health Department to see if there is such an animal for the subject premises and am waiting to hear back.

  • Anonymous

    Okay.

    1:33p Jack Vondras, Health Director says that occupancy permits come from the Building Department.

    He also says that they have been out to the building to issue their Certificate of Rental Dwelling as follows:

    2006: 2 units.
    2003: 3 units.

    It is of course the landlord’s obligation to inform the Health Department when new tenants move in and that’s when they do the Certificates.

    Interestingly, my friend S.S. moved in during 2007.

    These Certificates (when issued) are good for 6 years.

    Now back to the Building Department.

  • http://kingcast.net/KingCast/Welcome.html KingCast

    Okay.

    1:33p Jack Vondras, Health Director says that occupancy permits come from the Building Department.

    He also says that they have been out to the building to issue their Certificate of Rental Dwelling as follows:

    2006: 2 units.
    2003: 3 units.

    It is of course the landlord’s obligation to inform the Health Department when new tenants move in and that’s when they do the Certificates.

    Interestingly, my friend S.S. moved in during 2007.

    These Certificates (when issued) are good for 6 years.

    Now back to the Building Department.

  • Anonymous

    Oh, boy:

    Building Department Linda is a sweetheart. She told me all she could, in that the “Inspection Certificate” is the last thing issued as part of a build permit and that is what is posted in the lobby.

    In addition to needing an Inspection Certificate pursuant to construction, multifamily dwellings are required to have an inspection and reissue of the IC every five (5) years, however she was not aware of any mechanism of enforcement/penalty for failure to comply.

    Neither one of us knew if fire extinguishers are required although she thought that if Massachusetts required them that they would have been made integral to the inspections they perform in Gloucester, but there is no provision for fire extinguishers there.

    So in sum, as I research the fire extinguisher issue for it seems that my friend:

    a) did not have any health department cert.
    b) did not have any building department cert.

    Nice.

  • http://kingcast.net/KingCast/Welcome.html KingCast

    Oh, boy:

    Building Department Linda is a sweetheart. She told me all she could, in that the “Inspection Certificate” is the last thing issued as part of a build permit and that is what is posted in the lobby.

    In addition to needing an Inspection Certificate pursuant to construction, multifamily dwellings are required to have an inspection and reissue of the IC every five (5) years, however she was not aware of any mechanism of enforcement/penalty for failure to comply.

    Neither one of us knew if fire extinguishers are required although she thought that if Massachusetts required them that they would have been made integral to the inspections they perform in Gloucester, but there is no provision for fire extinguishers there.

    So in sum, as I research the fire extinguisher issue for it seems that my friend:

    a) did not have any health department cert.
    b) did not have any building department cert.

    Nice.

  • Anonymous

    Oh, Good Gawd.

    http://64.233.169.104/search?q=cache:TIlLNEwhaCUJ:www.masslegalhelp.org/uploads/sG/rD/sGrDPcOa_V_fKUMDHOXTgg/Booklet_2-HousingCode2005.pdf+fire+extinguishers+required+massachusetts+housing+code&hl=en&ct=clnk&cd=1&gl=us

    “Fire extinguishers must be properly located as required by the local fire chief. 527 CMR @10.02.”

    Read in para materia with the last post you see how this is circular reasoning. A circular saw will cut you in half, and a non-inspected building withoug fire extinguishers will kill you too.

    Namaste.

  • http://kingcast.net/KingCast/Welcome.html KingCast

    Oh, Good Gawd.

    http://64.233.169.104/search?q=cache:TIlLNEwhaCUJ:www.masslegalhelp.org/uploads/sG/rD/sGrDPcOa_V_fKUMDHOXTgg/Booklet_2-HousingCode2005.pdf+fire+extinguishers+required+massachusetts+housing+code&hl=en&ct=clnk&cd=1&gl=us

    “Fire extinguishers must be properly located as required by the local fire chief. 527 CMR @10.02.”

    Read in para materia with the last post you see how this is circular reasoning. A circular saw will cut you in half, and a non-inspected building withoug fire extinguishers will kill you too.

    Namaste.

  • Anonymous

    Don’t look now but there’s more. Did you read the Newburyport News story on the family who moved out just recently because of the threat and fear of fire?

    Oh, yes.

    Excerpt from my most recent post:

    http://christopher-king.blogspot.com/2007/12/kingcast-gives-mad-daps-er-vigorously.html

    The family always told Taylor, who was 70, that he should move.

    “He kept saying, ‘I’m living on borrowed time living in this firetrap,’” Kushin said. But her fears grew. Kushin said there were no fire escapes and that the building was well out of code. “Everybody in the building knew it was a firetrap,” Kushin said.The building’s heating system was sporadic, Kushin said, heating up to the 80s and then turning off for hours, allowing the temperatures to drop to the low 60s.

    Kushin said many people used space heaters to help heat apartments when the heat wasn’t working and said she “wouldn’t be surprised at all” if that were the cause of the fire.

    “The heating system was very much like you never knew when it would come on,” she said. One day, her husband encouraged her to go to the fire station to see firefighters to possibly ease her fears. She asked what plans were in place for the building and the answer she received was “the last straw.”

    “They said, ‘Our plan is to watch it go up like a tinderbox,’” she said. “I said ‘Oh my God, there is no hope.’”

    ************

    Sadly, there was no hope for Mr. Taylor and only a modicum of luck for those who survived, “S.S.” and others.

  • http://christopher-king.blogspot.com KingCast

    Don’t look now but there’s more. Did you read the Newburyport News story on the family who moved out just recently because of the threat and fear of fire?

    Oh, yes.

    Excerpt from my most recent post:

    http://christopher-king.blogspot.com/2007/12/kingcast-gives-mad-daps-er-vigorously.html

    The family always told Taylor, who was 70, that he should move.

    “He kept saying, ‘I’m living on borrowed time living in this firetrap,’” Kushin said. But her fears grew. Kushin said there were no fire escapes and that the building was well out of code. “Everybody in the building knew it was a firetrap,” Kushin said.The building’s heating system was sporadic, Kushin said, heating up to the 80s and then turning off for hours, allowing the temperatures to drop to the low 60s.

    Kushin said many people used space heaters to help heat apartments when the heat wasn’t working and said she “wouldn’t be surprised at all” if that were the cause of the fire.

    “The heating system was very much like you never knew when it would come on,” she said. One day, her husband encouraged her to go to the fire station to see firefighters to possibly ease her fears. She asked what plans were in place for the building and the answer she received was “the last straw.”

    “They said, ‘Our plan is to watch it go up like a tinderbox,’” she said. “I said ‘Oh my God, there is no hope.’”

    ************

    Sadly, there was no hope for Mr. Taylor and only a modicum of luck for those who survived, “S.S.” and others.

  • Anonymous

    Here’s the enforcement part that Linda and I could not find:

    780 CMR 118.4 Violation penalties: Whoever violates any
    provision of 780 CMR, except any specialized code
    referenced herein, shall be punishable by a fine of
    not more than $1,000 or by imprisonment for not
    more than one year, or both for each such violation.
    Each day during which a violation exists shall
    constitute a separate offense. The building official
    shall not begin criminal prosecution for such
    violations until the lapse of 30 days after the
    issuance of the written notice of violation.

  • http://christopher-king.blogspot.com KingCast

    Here’s the enforcement part that Linda and I could not find:

    780 CMR 118.4 Violation penalties: Whoever violates any
    provision of 780 CMR, except any specialized code
    referenced herein, shall be punishable by a fine of
    not more than $1,000 or by imprisonment for not
    more than one year, or both for each such violation.
    Each day during which a violation exists shall
    constitute a separate offense. The building official
    shall not begin criminal prosecution for such
    violations until the lapse of 30 days after the
    issuance of the written notice of violation.

  • Anonymous

    You can click on the Word version of this document to read an interesting story on financial shortages in Gloucester 10 weeks before the fire.

    http://www.scribd.com/doc/945524/Gloucester-fire-October-05-finances

    The original link makes my internet windows close but YMMV:

    gloucestercitynews.typepad.com/clearysnotebook/2007/10/gloucester-mass.html

    Peace.

  • http://christopher-king.blogspot.com KingCast

    You can click on the Word version of this document to read an interesting story on financial shortages in Gloucester 10 weeks before the fire.

    http://www.scribd.com/doc/945524/Gloucester-fire-October-05-finances

    The original link makes my internet windows close but YMMV:

    gloucestercitynews.typepad.com/clearysnotebook/2007/10/gloucester-mass.html

    Peace.

  • Anonymous

    Rut-ro.

    Look what today’s blog search reveals:

    http://www.gloucestertimes.com/punews/local_story_004002452.html?keyword=topstory

    Nice.

    I’m back to my work in Franconia.

    http://christopher-king.blogspot.com/2008/01/kingcast-says-franconia-is-most.html

    Big hearing next week, video, all of that. Not saying what Liko Kenney did was right, but what I am saying is that the government is lying about Bruce McKay and Gregory W. Floyd, and they had complaints against McKay for years that they lied about and never investigated, which heightened fears and continues to create more antipathy in the North Country.

  • http://christopher-king.blogspot.com KingCast

    Rut-ro.

    Look what today’s blog search reveals:

    http://www.gloucestertimes.com/punews/local_story_004002452.html?keyword=topstory

    Nice.

    I’m back to my work in Franconia.

    http://christopher-king.blogspot.com/2008/01/kingcast-says-franconia-is-most.html

    Big hearing next week, video, all of that. Not saying what Liko Kenney did was right, but what I am saying is that the government is lying about Bruce McKay and Gregory W. Floyd, and they had complaints against McKay for years that they lied about and never investigated, which heightened fears and continues to create more antipathy in the North Country.

  • Anonymous

    Updates on Robert Taylor’s Law are here:

    http://christopher-king.blogspot.com/2008/02/kingcast-and-gloucester-times-editorial.html

    Here’s the Gloucester Times 5 Feb. 2008 editorial in support of the bill first drafted by Crnilovic-Phillips law offices.

    Excerpt:

    “But there’s also a chance that Taylor’s legacy will extend far beyond the Gloucester area, his extended family and his circle of friends — if local and state lawmakers cooperate, and they should.

    Proposed legislation is being pushed by the Lawrence-based law firm of Crnilovic & Phillips, who have also brought the first lawsuit on behalf of a tenant who said she was never notified that her apartment had not undergone proper safety inspections for several years.”

    …..meanwhile more clients and an Amended Complaint loom large. No substantive comments about the case will be aired on the Internet, at least not by me.

  • http://christopher-king.blogspot.com KingCast

    Updates on Robert Taylor’s Law are here:

    http://christopher-king.blogspot.com/2008/02/kingcast-and-gloucester-times-editorial.html

    Here’s the Gloucester Times 5 Feb. 2008 editorial in support of the bill first drafted by Crnilovic-Phillips law offices.

    Excerpt:

    “But there’s also a chance that Taylor’s legacy will extend far beyond the Gloucester area, his extended family and his circle of friends — if local and state lawmakers cooperate, and they should.

    Proposed legislation is being pushed by the Lawrence-based law firm of Crnilovic & Phillips, who have also brought the first lawsuit on behalf of a tenant who said she was never notified that her apartment had not undergone proper safety inspections for several years.”

    …..meanwhile more clients and an Amended Complaint loom large. No substantive comments about the case will be aired on the Internet, at least not by me.