Rockland's code enforcement officers, volunteer firefighters focus on illegal home conversions

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Rockland's code enforcement officers, volunteer firefighters focus on illegal home conversions

11:27 PM, May. 24, 2011 LoHud.com

Written by Laura Incalcaterra

Rockland County, New York

POMONA — Firefighters concerned about the growing number of illegal home conversions outlined some of the potentially life-threatening conditions they have encountered during a summit Tuesday to call attention to the problems.

FULL ARTICLE: http://www.lohud.com/article/20110525/NEWS03/105250342/Rockland-s-code-enforcement-officers-volunteer-firefighters-focus-illegal-home-conversions?odyssey=tab|topnews|text|Frontpage

[efermann 28]

Interesting article...

Unfortunately, I don’t have a law to cite, but I know building and fire inspections are periodically required in commercial buildings, and multi-family dwellings (more than 3 family homes). These same inspections are not required for single and two family home inspections except for when they are first built and if a building permit is ever taken out on the home. If anyone does have that law, I’d appreciate it if it was posted.

I have a few questions, however. Do all career departments conduct fire inspections? If so, are they limited to inspecting the multi-family homes and commercial structures, or do they inspect single and two family homes as well. I would imagine not, since that would be an enormous task in most communities. Either way, it doesn’t really matter WHO does the inspections, but that they are done.

At any rate, I think this is an important topic. The NYS law we've come to know as the "bail-out law" was the result, ultimately, of illegal conversions. Illegal conversions put us at risks that cannot necessarily be predicted from an exterior size-up. They are also a drain on a community (taxes). Collaboration between building and fire departments is a smart move. Illegal conversions found during a response to an automatic alarm could generate an automatic response by the building department. And if all inspections (building departments, career departments) are limited to commercial and multi-family homes, this would be an easy way to deal with single and two family home issues when they are encountered. Would it correct all illegal conversions? Not really, but it’s a start. And if stiffer penalties (only a $250 fine in Rockland?) were enforced, word would eventually make its way around communities and landlords may be less inclined to take advantage of and placing their tenants in danger by renting out closet space.

I don’t see a down side to this.

[BFD1054 1,552]

efermann...great reply and points made.

These illegal conversions are are a huge, ever growing problem. Dont for one second think that this in an "urban" issue. Unfortunately, ive seen cases in Buchanan and conversions have also been found in New Windsor where i currently live. Here, we are fortunate to have a very pro-active group of Fire Inspectors who are great about follow-ups on tips. Unfortunately theres only soo much that the few Inspectors can do.

As emergency responders, we are granted access to many occupancies throughout our response areas. When you go out on AA's, aided cases, CO alarms, etc, dont be afraid to be nosy and look around. You never know what youll find and as the MTA says, "if you see something, say something."

We've already lost 1 too many Firefighters to the illegal "chopping-up" of rooms and apartments.

I too hope that something is done ASAP to address the problem and increase the fines/penalties against those responsible.

Stay safe everyone and keep your eyes open.

Edited June 22, 2011 by BFD1054

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http://www.emtbravo.net/index.php/topic/41318-lets-talk-rooming-houses-or-sros/page__p__234820__hl__cardboard+walls__fromsearch__1#entry234820

[antiquefirelt 994]

The Rockland County guys have an article on the same topic in this months Fire Engineering. Some interesting points and good advice from them and others they asked on tactics.

[16fire5 693]

The issue here is not some NYS law it is the United States Constitution. We really don't have the right to make warrantless searches. Plenty of towns and villages write laws that attempt to get in for inspections. Many times these laws are challenged and struck down.

[grumpyff 1,159]

Its not a warrant less search if you are invited into the building. If you get called in for a CO alarm, automatic alarm, aided case (ambulance call) and you see obvious signs of the building cut up into illegal apartments/SRO then report it to building inspector or code enforcement. Let them take it from there, but make sure you document it somehow if you do get called into court.

[antiquefirelt 994]

The issue here is not some NYS law it is the United States Constitution. We really don't have the right to make warrantless searches. Plenty of towns and villages write laws that attempt to get in for inspections. Many times these laws are challenged and struck down.

Has NY State adopted NFPA 1? This and specific state law in Maine allows the Fire Chief to conducted warrantless searches for dangerous building conditions to ensure the safety of the citizens.

The first line of this law is: "The building official, the fire inspector and the municipal fire officers of any city or town may at all reasonable hours, for the purpose of examination, enter into and upon all buildings and premises within their jurisdiction."

There is also a law addressing "Refusing admission to a building official."

Another addresses the State Fire Marshal's and Public Safety inspectors ability to enter and inspect "whenever they determine it necessary" for the purpose of enforcing codes/laws/ordinances adopted by the Commissioner of Pubic Safety.

Again, these are Maine laws, not NY. Though I'd be surprised if NY didn't have some similar language protecting building officials and fire inspectors.

[16fire5 693]

Has NY State adopted NFPA 1? This and specific state law in Maine allows the Fire Chief to conducted warrantless searches for dangerous building conditions to ensure the safety of the citizens.

The first line of this law is: "The building official, the fire inspector and the municipal fire officers of any city or town may at all reasonable hours, for the purpose of examination, enter into and upon all buildings and premises within their jurisdiction."

There is also a law addressing "Refusing admission to a building official."

Another addresses the State Fire Marshal's and Public Safety inspectors ability to enter and inspect "whenever they determine it necessary" for the purpose of enforcing codes/laws/ordinances adopted by the Commissioner of Pubic Safety.

Again, these are Maine laws, not NY. Though I'd be surprised if NY didn't have some similar language protecting building officials and fire inspectors.

NYS has to the best of my knowledge has not adopted NFPA 1. It is not used in NYC. The topic of the illegal conversions is on the forefront due to a number of recent fires resulting in a number of civillian fatalities in the 5 boroughs.

[dashield 61]

Has NY State adopted NFPA 1? This and specific state law in Maine allows the Fire Chief to conducted warrantless searches for dangerous building conditions to ensure the safety of the citizens.

The first line of this law is: "The building official, the fire inspector and the municipal fire officers of any city or town may at all reasonable hours, for the purpose of examination, enter into and upon all buildings and premises within their jurisdiction."

There is also a law addressing "Refusing admission to a building official."

Another addresses the State Fire Marshal's and Public Safety inspectors ability to enter and inspect "whenever they determine it necessary" for the purpose of enforcing codes/laws/ordinances adopted by the Commissioner of Pubic Safety.

Again, these are Maine laws, not NY. Though I'd be surprised if NY didn't have some similar language protecting building officials and fire inspectors.

NYS does not use NFPA 1.... NYS has adopted and utilizes the New York State version of the International Building/Fire code. outside of obtaining a search warrant, a code enforcement official has no legal right to enter a 1 or 2 family residence if the owner of the property refuses or denies entry. There are circumstances, in which a code enforcement official may have access if the house is in control of the fire department while they are operating at a scene of a call.

Edited June 22, 2011 by dashield

[efermann 28]

NYS does not use NFPA 1.... NYS has adopted and utilizes the New York State version of the International Building/Fire code. outside of obtaining a search warrant, a code enforcement official has no legal right to enter a 1 or 2 family residence if the owner of the property refuses or denies entry. There are circumstances, in which a code enforcement official may have access if the house is in control of the fire department while they are operating at a scene of a call.

This sounds like what I was under the impression of concerning 1 and 2 family homes. And, this being the case, it's even more important that fire and building departments work together if/when illegal conversions in a 1 or 2 family home are encountered.