STATE OF NEW YORK DEPARTMENT OF STATE ANDREW M. CUOMO GOVERNOR ONE COMMERCE PLAZA WASHINGTON AVENUE ALBANY, NY 12231-0001 99 CESAR A. PERALES SECRETARY OF STATE January 28, 2015 Hon. Christopher P. St. Lawrence Supervisor Town of Ramapo 237 Rgute 59 Suffern, New York 10901 Re: Enforcement ofthe Uniform Code in the Town of Ramapo Dear Supervisor St. Lawrence: As the Town of Ramapo is aware, the Department of State's Division of Building Standards and Codes (DBSC) has been reviewing certain aspects of the Town's practices relating to administration and enforcement of the State Uniform Fire Prevention and Building Code (the Uniform Code). 1• 2 This letter will serve as notice to the Town of certain specific and general deficiencies in the Town's administration and enforcement of the Uniform Code, which must be addressed immediately. The details of the deficiencies are listed below and more fully set forth in Attachment A. Preliminary Findings Based on the information and documentation provided by the Town, and based on the inferences permitted by the Town's failure to produce certain requested information and documentation, the Department has made the following preliminary findings: Preliminary Finding 1 (Building Permits) As detailed in Attachment A hereto, the Department preliminarily finds that the Town has not complied with the minimum standards relating to requiring building owners to obtain building permits. Specifically, it appears that the Town has allowed work that must conform to the Uniform Code to be performed without requiring the owner to apply for and obtain a building permit, in violation of 19 NYCRR Section 1203.3(a). 1 For the purposes of Article 18 of the Executive Law, the term "town" means the portion of a town lying outside the area of any incorporated village. Accordingly, the Town of Ramapo is responsible for the administration and enforcement of the Uniform Code in all parts of the Town lying outside the area of the incorporated villages that are located in the Town. 2 The minimum standards for administration and enforcement of the Uniform Code by local governments, such as the Town ofRamapo, are set forth in 19 NYCRRPart 1203. Wv"v\N.DOS.NY.GOV E-MAIL: JNFO@DOS.NY.GOV Hon. Christopher P. St. Lawrence J~uary 28,2015 Page 2 Preliminary Finding 2 (Certificates of Occupancy) As detailed in Attachment A hereto, the Department preliminarily finds that the Town has not complied with the minimum standards relating to certificates of occupancy and temporary certificates of occupancy. Preliminary Finding 3 (Fire Safety and Property Maintenance Inspections) As detailed in Attachment A hereto, the Department preliminarily fmds that the Town has not complied with the minimum standards relating to periodic fire safety and property maintenance inspections. Preliminary Finding 4 (Enforcement in a Due and Proper Manner) As detailed in Attachment A hereto, the Department preliminarily finds that the Town has failed to exercise its code enforcement powers in due and proper manner so as to extend to the public protection from the hazards of fire and inadequate building construction (19 NYCRR section 1203.2(d)). Preliminary Finding 5 (Violation of Other Minimum Standards) The foregoing list is not exhaustive; as detailed in Attachment A, it appears that the Town has also failed to comply with certain other minimum standards, including, but not limited to, the maintenance of an appropriate system of records of the Town's code enforcement program. Immediate Action Required In light of the serious life-safety issues involved, the Department directs the Town to take immediate and effective steps to address the issues described herein and to provide a written response within ten (10) days of the date of this letter setting forth how each of the preliminary findings has been addressed or, alternatively, disputing any of the facts or preliminary fmdings contained herein. Please be advised that the Department may commence a full investigation of all aspects of the Town's code enforcement program and practices pursuant to Executive Law§ 381(3), which may include holding one or . more public hearings. In addition, the Department may issue an Order pursuant to Executive Law§ 381(4) at any time, without further advance notice to the Town . .-__ .DBSC is available to provide technical assistance to the Town-in furtherance of the Towri's e·ffortsto comply •.:. . with the minimum standards for administration and enforcement of the Uniform Code and to improve its __ c9~~ e.nfo~_ement program ~W.d practices.. We can_be.reached by mail at-New- York State Department of State, Division, of Building Standards and Codes, 99 Washington Ave., Albany, New York 12231-0001; by telephone at (518) 474-4073; or by email at Ronald.Piester@dos.ny.gov. Sincerely, /J ~~ ---- Director Division of Building Standards and Codes cc: Anthony Mallia, Director of Building, Planning and Zoning ATTACHMENT A Letter to Ramapo Supervisor St. Lawrence January 28, 2015 Page 1 ATTACHMENT A Background The Uniform Code is a fire prevention and building code adopted by the State Fire Prevention and Building Code Council (the Code Council) pursuant to Article 18 of the Executive Law. The Uniform Code is applicable in all parts of New York State (except New York City). Accordingly, the Uniform Code is applicable in the Town of Ramapo. Executive Law section 381(2) provides that, subject to certain exceptions not applicable here, each local government (city, town or village) is responsible for the administration and enforcement of the Uniform Code within its boundaries. Accordingly, the Town of Ramapo is responsible for the administration and enforcement ofthe Uniform Code within the Town. 1 The Department of State is authorized to adopt regulations establishing mmimum standards for the administration and enforcement of the Uniform Code. See Executive Law section 381(2). The minimum standards for administration and enforcement of the Uniform Code by local governments, such as the Town of Ramapo, are set forth in 19 NYCRR Part 1203. The Part 1203 regulations provide that each local government that is responsible for the administration and enforcement of the Uniform Code "shall exercise its powers in due and proper manner so as to extend to the public protection from the hazards of fire and inadequate building construction" (19 NYCRR section 1203.2(d)). This overarching obligation reflects the objectives of Article 18 of the Executive Law, and underscores the importance of local governments diligently and effectively fulfilling their code enforcement obligations. The safety of the residents of your Town depends on the proper administration and enforcement of the Uniform Code by your Town. The Part 1203 regulations also require each local government to adopt local laws, ordinances or other appropriate regulations establishing the local government's code enforcement program. The code enforcement program is required to include, at a minimum, the features described in 19 NYCRR section 1203.3. The required features include: • provisions requiring building permits (19 NYCRR section 1203.3(a)); · • . provisions_requiringconstruction inspections (19.~C:R,Rsection 1203~3(b));. • provisions requiring stop work orders in certain situations (19 NYCRR section 1203.3(c)); • provisions requirlD.g certificates 'of oc'cupancy certificates of compliance and permitting the use or occupancy of a building .or structure only when a certificate of occupancy or certificate of compliance has been duly issued (19 NYCRR section 1203.3(d)); • provisions establishing procedures for the chief of any fire department providing fire fighting serv·ices for a propert-y to notify the code enforcement official of any fire or explosion invoiving any structural damage, fuel burning appliance, chimney or gas vent (19 NYCRR section 1203.3(e)); or 1 For the purposes of Article 18 of the Executive Law, the term "town" means the portion of a town lying outside the area of any incorporated village. Accordingly, the Town of Ramapo is responsible for the administration and enforcement of the Uniform Code in all parts of the Town lying outside the area of the incorporated villages that are located in the Town. ATTACHMENT A Letter to Supervisor St. Lawrence January 28, 2015 Page2 • provisions establishing procedures for identifying and addressing unsafe structures and equipment (19 NYCRR section 1203.3(f)); • provisions requiring the issuance of operating permits for conducting certain activities and occupying certain categories ofbuildings (19 NYCRR section 1203.3{g)); • provisions requiring fire safety and property maintenance inspections at intervals not to exceed one year in certain cases and not to exceed three years in other cases (19 NYCRR section 1203.3(h)); • provisions establishing procedures for addressing bona fide complaints which assert that conditions or activities fail to comply with the Uniform Code (19 NYCRR section 1203.3(i)); and • establishment of a recordkeeping system relating to the forgoing features and activities (19 NYCRR section 1203.30)). The Part 1203 regulations also provide that the Town is required to exercise its code enforcement powers "in due and proper manner so as to extend to the public protection from the hazards of fire and inadequate building construction" (19 NYCRR section 1203.2(d)). The Part 1203 regulations also provide that upon request of the Department of State, the Town is required to provide "excerpts, summaries, tabulations, statistics and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code" and that "failure to produce the requested materials shall permit an inference that the minimum standards of [Part 1203] have not been met" (19 NYCRR section 1203.4(b)). The Department of State has previously informed the Town that DBSC has received complaints alleging. the Town's failure to properly enforce the Uniform Code. As indicated in our prior correspondence to the Town, the complaints allege code violations and a lack of enforcement, as follows: • several examples of a conversion of a one-family dwelling to a school and/or a dormitory without building permits; • several examples of the Town allowing an "illegal school" in a "former one family home" to continue to operate and/or to expand its operation; • at least one example of the Town issuing a building permit for one_purpose (an addition to a one--:- .-~ .:family horne) but allowmg the:-:owrier to--construct an addition to .be used for another pillj;t>~ei:~:::house ofworship); • at least one example of the Town issuing a certificate of occupancy for "not more th3.n 50" but allowing the space to be used as a large house of worship, with an occupant load well above 50, despite the absence of an operating fire sprinkler system and other required fire prevention features; and • at least one example of the Town allowing a one family dwelling to be converted into a multiple dwelling. :· ·_:-. ::-. ATTACHMENT A Letter to Supervisor St. Lawrence January 28, 2015 Page 3 Non-Public Schools The Department of State has also previously advised the Town that DBSC has received information from the New York State Education Department (NYSED) indicating that in recent years, a number of nonpublic schools in Rockland County, including several in the Town of Ramapo, have not filed the annual fire inspection reports required by Education Law § 807-a. (The non-public schools which are located in the Town of Ramapo and which have been reported by NYSED as not having filed the annual inspection reports required by Education Law§ 807-a are hereinafter referred to as the "non-compliant schools.") As indicated in our prior correspondence on this issue, the annual fire inspections, required by Education Law § 807-a, are in addition to, and not in place of, the periodic fire safety and property maintenance inspections that the Town, as the authority responsible for enforcing the Uniform Code, is required to perform. DBSC's Review DBSC has attempted diligently to obtain information and documentation from the Town relating to complaints made regarding specific properties and the non-compliant schools. DBSC staff have met with Town code enforcement officials; reviewed copies of documents in the Town's files that the Town has provided; accompanied Town code enforcement personnel on brief site visits to some properties; and submitted several letters and two Freedom of Information Law (FOIL) requests seeking relevant information and documentation. DBSC staff have reviewed the information and documentation provided by the Town. In some cases, however, the Town has not provided information and documentation requested by the DBSC. The Town's failure to produce this material is significant because the minimum standards regulations require the Town to establish and maintain records relating to its code enforcement activi~ies (19 NYCRR section 1203.30)); require the Town to provide information to the Department of State upon request by the Department of State (19 NYCRR section 1203.4(b)); and permit the Department of State to infer that the Town is not in compliance with the minimum standards if the Town fails to produce information upon request (19 NYCRR section 1203.4(b)). Preliminary Findings Based on the information and documentation provided by the Town, and based on the inferences permitted ____ by the Town's failure to produce certain reque~d infolll)ation and documentation, the_Department has -----~ni&de--tlie··-foiiowing··preiinlinary:findings:--- ·-- --------~- ·--------- ·------·=-:_-------- -----~:- ---------- -- - · · ·- ----=-- -·-····- Preliminary Finding 1 -(Building Permits) The Department preliminarily finds that the Town has not complied with the minimum standards relating to requiring building owners to obtain building permits. Specifically, it appears that the Town has allowed work that must conform to the Uniform Code to be performed without requiring the owner to apply for and obtain a building permit, in violation of 19 tNCRR Section 1203.3(a). The properties where this failure to comply appears to have occurred include 996 Haverstraw Road, 93 College Road, 97 Highview Road, and 66 Highview Road. In the case of each of these four properties, observations by DBSC stai1madc during site visits earlier lhis year indicate that work that must conform to the Uniform Code was performed. DBSC submitted a FOIL request to the Town requesting, inter alia, any ATTACHMENT A Letter to Supervisor St. Lawrence January 28, 2015 Page4 and all building permits issued for these properties. The Town's response to that FOIL request included no such buildingpermits. DBSC submits that by allowing the work described above to be performed without requiring the property . owners to obtain building permits, the Town violated the applicable minimum standards. Preliminary Finding 2 (Certificates of Occupancy) The Department preliminarily finds that the Town has not complied with the minimum standards relating to certificates of occupancy and temporary certificates of occupancy. Specifically, it appears that the Town: • has allowed buildings (or portions of buildings) which were or which should have been the subject of a building permit, or which were converted from one use or occupancy classification or subclassification to another, to be occupied without a properly issued certificate of occupancy or certificate of compliance, in violation of 19 NYCRR section 1203.3(d)(l ); • has issued certificates of occupancy or certificates of occupancy for buildings (or portions of buildings) that do not comply with all Uniform Code provisions applicable to the permitted use, in violation of 19 NYCRR section 1203.3(d)(2); • has issued temporary certificates of occupancy (i.e., certificates allowing the temporary occupancy of a structure) where the structure (or portions thereof) may not be occupied safely, where any fireand smoke-detecting or fire protection equipment is not operational, and/or where any required means of egress from the structure has not been provided, in violation of 19 NYCRR section 1203.3(d)(3); and/or • has failed to suspend or revoke certificates of occupancy or certificates of compliance that were issued in error or on the basis of incorrect information, in violation of 19 NYCRR section 1203.3(d)(4). The properties where these failures to comply appear to have occurred include, but are not necessarily limited to: 97 Highview Road The Town provided DBSC with a copy of"Certificate of Use" for this property, issued on March 22,2013. The "Certificate of Use" lists the permitted use as "exi~g_!vvo (2) _story \\fO()~_fuim.ed house to be used as a school." However, during a site visit earlier this year, DBSC staff observed that the property appears to be in violation of Uniform Code provisions applicable to a building used as a school, including: • section 903.3 of the Building Code ofNew York State (relating to sprinkler systems); = section 1020.1 of the Building Code of New York Siate (the unenclosed stairway between the first and second story appears to violate this section); • 1017.2 of the Building Code of New York State (corridor widths appear to be too narrow to support the cccup2r:t !c2c::: ATTACHMENT A Letter to Supervisor St. Lawrence January 28, 2015 Page 5 • section I 008.1.5 of the Building Code of New York State (it appears that at least two exits from the building do not have landings that comply with this section); and • section 605.1 of the Existing Building Code of New York State (relating to provisions for accessibility for persons with disabilities to the primary function areas of the building). During DBSC's visits to the Town's code enforcement office, DBSC staff observed no documents related to any action or proceeding to suspend or revoke the "Certificate of Use" for this property. Further, the Town did not provide copies of any such documents to DBSC in response to prior correspondence or DBSC's FOIL request to the Town. 93 College Road The Town has not provided DBSC with a copy of any Certificate of Occupancy or Temporary Certificate of Occupancy for this property. However, dirring a site visit to this property earlier this year, Town building department staff informed DBSC staff that this property is operating under a temporary certificate of use/occupancy. Ill addition, the Town provided DBSC with copies of two "Town of Ramapo Building Inspection" cards, each dated August 20, 2013, which appear to contemplate the issuance of a certificate allowing the ''temporary use" of this property. Accordingly, it appears that as recently as August 2013, the Town issued a certificate allowing the temporary use of the buildings on this property. Notwithstanding the issuance of a certificate of temporary use for this property, during the site visit to this property DBSC observed that: (1) the main building on this property, which appears to have been constructed as a single family dwelling, is being utilized as a school; (2) a detached garage on this property is being utilized as a house of worship (an assembly space); and (3) these buildings appear to violate a number of applicable Uniform Code provisions, including: • section 1017.2 of the Building Code of New York State (the main building does not appear to have appropriate corridor widths); • section 1020.1 of the Building Code of New York State (the main building does not have exit enclosures from the second story; • sections 901.9, 605.1 and 705.9.1 of the Existing Building Code of New York State {the main building does not appear_:to _have ventilation, stairway-handrails ~d provisions for accessibility for persons with disabilities); - • section 1008.1.1 of the Building Code ofNew York State {the detached garage does not appear to have appropriate exit width); • section 2902.1 of the Building Code of New York State (the detached garage does not have restroom facilities); • sections 901.9, 605.1 and 705.9.1 of the Existing Building Code of ]\few York State (the detached garage does not appear to have ventilation, stairway handrails and provisions for accessibility for persons with disabilities); and • section 605.1 of the Fire Code of_lllew York State (the detached garage appear w violate this section). electric~l! :::'stem in the m::Jin building 8'"10 ATTACHMENT A Letter to Supervisor St. Lawrence January 28, 2015 Page 6 In addition, the exterior of property appears to violate section 307.1 of the Property Maintenance Code of New York State, and the space in the detached garage appears to have been converted from a nonconditioned space to conditioned space without consideration of the State Energy Conservation Construction Code (the Energy Code). 2 Furthermore, the Town has provided DBSC with a letter dated January 27, 2014 which indicates that the · Town has placed this property "in violation for property maintenance, unsafe electrical conditions, and non-compliance of minimum code standards for egress door out of the garage." While the Town may now be taking some enforcement action with respect to this property, commencing an enforcement action alleging serious code violations in January 2014 is further evidence that those violations existed when the Town issued the certificate allowing the "temporary use" of this property approximately five months earlier in August 2013. During DBSC's visits to the Town's code enforcement office, DBSC staff observed no documents related to any action or proceeding to suspend or revoke any certificate allowing the use or temporary use of this property. Further, the Town did not provide copies of any such documents to DBSC in response to prior correspondence or DBSC's FOIL request submitted to the Town. 1-11 Kiryas Radin Drive The Town has provided DBSC with a copy of a "Temporary Certificate of Use" for this property, dated August 5, 2011. The "Temporary Certificate of Use" describes the permitted use as "I st extension of time for the temporary use of the entire site with the Kollel Building's limited use of 50 persons until - completion." The Town has also provided DBSC with copies of a Complaint and a Notice of Violation and Order to Correct, both dated June 29, 2012, alleging that this property is being used as a "SchoolSynagogue" without a Certificate of Occupancy and without an "approved fire sprinkler system." With respect to both a school and a house of worship (an assembly space), the absence of a fire sprinkler system would violate section 907.20.5 ofthe Fire Code ofNew York State. While it appears that the Town may have taken some enforcement action with respect to this property at some point after the temporary certificate was issued, any certificate allowing the use or temporary use of this property before the fire sprinkler system required by the Uniform Code was installed was issued in error and in violation of the applicable minimum standards. . ·--- ----- _..:._ ___ ..·.-· .. -:. ___-,,.-::... -_..::_;..._ -:· ·...:....:__ .. . -- --· - --··· ·-----------.- Duri:rig DB-SC;s visi~:tO-th~- T~-,~~is~6de-~rrl'orcement office;DBSC staff observed no docUirierifs related- -------. --- -to any action or proceeding to suspend or revoke the "Temporary Certificate of Use" described above or any other- certificate allowing the -use-or -temporary use-ofthis-property; -Further, the Town did not provide · - -··- ··- ·· copies of any such documents to DBSC in response to prior correspondence or DBSC's FOIL request submitted to the Town. · 2 The Energy Code is a building energy code adopted by the Code Council pursuant to Article II of the Energy Law. As tbe govermnernci L!ni' resFonsiole for enforciEg lile ui,ifonn CoQe wii.l:tin i.Le Town, iue Town is also responsibie tor enforcing the Energy Code within the Town. See Energy Law § II-I 07. ATTACHMENT A Letter to Supervisor St. Lawrence January 28, 2015 Page 7 996 Haverstraw Road The Town has not provided DBSC with a copy of any Certificate of Occupancy or Temporary Certificate of Occupancy for this property. However, during a site visit to this property earlier this year, Town Building Department staff informed DBSC staff that this property is being operated as a school/dormitory under a temporary certificate of use/occupancy. Accordingly, it appears that the Town has issued a certificate allowing the temporary use of the building on this property as a school/dormitory. However, during that site visit to this property, DBSC observed that the building on this property appears to be in violation of a number ofUniformCode provisions applicable to a school/dormitory, including: • section 912.2.1 of the Existing Building Code ofNew York State, which requires the installation of a fire sprinkler system in mixed occupancies (school and residential) unless otherwise determined using the Existing Building Code ofNew York State; • section 503.1 of the Building Code of New York State (it appears that this building exceeds the maximum allowable height, in stories, permitted by this section for mixed use occupancies of unprotected wood-frame construction); • section 1020.1 of the Building Code of New York State (the unenclosed stairway from the first to second story in this building appears to violate this section); and • section 605.1 of the Existing Building Code of New York State (the absence of provisions for accessibility for persons with disabilities to primary function areas of the building appears to violate this section). In addition, the Town has provided DBSC with a letter dated January 27, 2014, which indicated that this property "is already injustice court." The letter.also indicates that the Town is "currently in the process of issuing a permit for a sprinkler system and an alarm system." While the Town may now be taking some enforcement action with respect to this property, and while the owner may now be attempting to correct at least one of the Uniform Code violations described above, any certificate allowing the use or temporary use of this property before the fire sprinkler system and alarm system required by the Uniform Code was installed was issued in error and in violation of the applicable minimum standards. During DBSC's visits to the Town's code enforcement office, DBSC staff observed no documents related __ -_ tQ_@_y a~tion or proceeding,--to_suspendor,revoke any_certi:ficate allo\\fing the _u~e or temporary use of this - property. -Further, the Town did not provide copies-of any such docuirierits-to-DBSC in response-to prior . correspondence or DBSC's FOIL request submitted to the Town. Preliminary Finding 3 (Fire Safety and Property Maintenance Inspections) The Department preliminarily fmds that the Town has not complied with the minimum standards relating to periodic fire safety and property maintenance inspections. Specifically, it appears that the Town: • has failed to perform fire safety and property maintenance inspections of buildings which contain an area of public assembly at intervals not to exceed one year, in violation of 19 NYCRR section 1..._ I 0 __.') . '? (!"' \ f 1 '\ . •-' ' . -' j \' ~-· '~ 1 ,: : ATTACHMENT A Letter to Supervisor St. Lawrence January 28,2015 Page 8 • has failed to perform fire safety and property maintenance inspections of dormitory buildings at intervals consistent with local conditions, but in no event to exceed one year, in violation of 19 NYCRR section 1203.3(h)(2); and • has failed to perform fire safety and property maintenance inspections of all other multiple dwellings and all other nonresidential occupancies at intervals consistent with local conditions, but in no event to exceed three years, in violation of 19 NYCRR section 1203.3(h)(2). The properties where these apparent failures to comply have occurred include, but are not limited to, buildings referenced in this Attachment and each non-compliant school. necessarily On February 27, 2014, DBSC submitted a FOIL request to the Town's Records Access Officer. ThatFOIL request was for- documents relating to eight properties, including, for each such property, a copy of "all notes, reports, and other documentation relating [to] inspections ... performed by the Town." The Town's response to DBSC's FOIL request did not include copies of any reports of or other documentation relating to any periodic fire safety and property maintenance inspection performed by the Town for these properties. Preliminary Finding 4 (Enforcement in a Due and Proper Manner) The Department preliminarily finds that the Town has failed to exercise its code enforcement powers in due and proper manner so as to extend to the public protection from the hazards of fire and inadequate building construction (19 NYCRR section 1203.2(d)). In addition to the violations identified in Preliminary Determinations 1, 2, and 3 above, it appears that with respect to several of the identified properties, when the Town received information indicating that: (1) work has been performed without a building permit; (2) a building (or portion of a building) is being occupied without a properly issued certificate of occupancy or certificate of compliance; (3) a certificate of occupancy or certificate of compliance has been issued for a building (or portion thereof) that does not comply with all Uniform Code provisions applicable to the permitted use; (4) a temporary certificate of occupancy allowing the temporary occupancy of a structure (or portion thereof) that may not be occupied safely; (5) fire- and smoke-detecting or fire protection equipment has been installed but is not operational; (6) a required means of egress from the structure has not been provided, or (7) a certificate of occupancy or certificate of compliance has been issued in error or on the basis of incorrect information, the Town did not take immediate and effective steps to term.ilulte tP,~jU~g~J ::-::~- :- ~: :.~~- _.Q~~n:J:~p.t~instr:umt;ntsjs_sued__ -:-~-:-------~ by the Town-~ro-the-owner-=-a.rn1liJrOperatorcifihii]lrop-=eitfhiive-itoi· catised the owner/operator tci stop theillegal use of this property as a school. 1-11 Kiryas Radin Drive As discussed earlier in this document, it appears that this property has been occupied as a school and/or synagogue since August 2011, despite having no approved fire sprinkler system.3 It also appears that the Town issued a Complaint and a Notice of Violation and Order to Correct, both dated June 29, 2012, \;,'ill, re~pecl to bmh 3 sciwci iillG o. Louse of worship (an assembly space), the absence of a fire sprinkler system appears to violate section 907.20.5 of the Fire Code ofNew York State. ---·-· ---··-·---- ATTACHMENT A Letter to Supervisor St. Lawrence January 28, 2015 Page 10 alleging that this property is being used as a "School-Synagogue" without a Certificate of Occupancy and without an "approved fire sprinkler system." During a DBSC staff visit to the Town's Building Department on February 20, 2014, Town Building Department staff informed DBSC staffthat the Town and the owners/operators ofthe property are currently "in litigation" over the use and occupancy matters. That the property has apparently been used as a school and a house of worship (assembly space) for at least three years evidences inadequate efforts by the Town to end the illegal occupancy. 996 Haverstraw Road As more fully discussed above, it appears that this property is occupied as a schooVdormitory despite apparent violations of a number of applicable Uniform Code provisions. The Town has provided DBSC with copies of notices of violation, appearance tickets, and other similar enforcement instruments issued by the Town to the owner and/or operator of this property. However, as more fuHy discussed at above, it appears that the Town has commenced no action or proceeding to suspend or revoke the erroneously issued certificate(s) allowing the use or temporary use of this property. It also appears that the notices of violation, appearance tickets, and other similar enforcement instruments issued by the Town to the owner and/or operator of this property have not caused the owner/operator to stop the illegal use of this property as a schooVdormitory. 66 Highview Road The 'Town has not provided DBSC with a copy of any Certificate of Occupancy or Temporary Certificate of Occupancy for this property. However, during a site visit to this property made by DBSC staff and Town building department staff earlier this year, DBSC staff observed that: (1) a new addition to an existing one-family dwelling was under construction; (2) the new addition included (or would include) a mezzanine/second story; (3) the size of the new addition was approximately 25' x 35' (875 square feet), indicating an occupantload of 125 persons (one person per 7 sq. ft. in an assembly space without fixed seats); and (4) seating, tables, prayer books, shawls, and other items associated with a house or worship were already in place in the new addition. Town. building department staff advised DBSC staff that the · new addition had beetL~cc.upiedc:On:Wemrends.1=.-o=='-'''--'--- _ ·'-~. During the site visit to this property DBSC observed that the new addition to the-building on this property appears to be in violation of Uniform Code provisions applicable to an assembly space havili!fan occupant load of 125 persons, including: • A fire sprinkler system appeared not to have been installed in the existing one-story dwelling to which this new addition is attached, in violation of section 1002.3 ofthe Existing Building Code 4 At the time of the site visit, the wood framing and siding for the addition was completed, but was not insulated and was , unfinished on the interior; most of the electrical wiring for the addition was installed; and the piping for a sprinkler system 1~)1 tJj~._" c.Jdltion \Vas insta.lleJ. ATTACHMENT A Letter to Supervisor St. Lawrence January 28, 2015 Page 11 of New York State, which provides that "(e)xisting fire areas increased by the addition shall comply with Chapter 9 of the Building Code ofNew York State." Chapter 9 (Section 903.2.1.3) of the Building Code ofNew York State requires a fire sprinkler system throughout all fire areas where an occupant load of 100 or more exists. Furthermore, Section 903.3.2.7 Building Code of New York State requires buildings with a group R occupancy and use group to have a fire sprinkler system installed. • No fire separation appeared to be established between the existing, residential construction and the assembly spac_e addition, in violation of Table 508.3.3 of the Building Code of New York State, which requires a fire barrier with a fire-resistance rating of at least one-hour. • No elevator to the second story in the addition, no accessible routes from the parking areas to the building, and no accessible plumbing fixtures appeared to have been provided in the addition, potentially in violation of the accessibility provisions in Chapter 11 of the Building Code ofNew York State. The Town has provided DBSC with copies of a Complaint dated September 24, 2013, and an Appearance Ticket dated September 24, 2013. The Complaint indicates that a member of the Town's Building Department staff observed that (1) the addition ''was not constructed in accordance to the approved building plans," (2) "the proposed addition is, in fact, a house of worship," (3) "a mezzanine was also constructed," and (4) "numerous other violations." During the February 20, 2014 site visit to this property, Town Building Department staff advised DBSC staff that (I) there has been no ')udicial resolution" ofthe action or proceeding relative to the unapproved construction commenced by the Complaint and Appearance Ticket described in item 2 above, (2) the Town anticipates that the owner of this property will file a revised building permit application after such "judicial resolution," and (3) the use of the new addition as a house ofworship appears to be continuing despite the absence of a certificate of occupancy allowing such use. The foregoing indicates that the new addition was constructed, and was being used, as a house of worship (an assembly space); that the addition violated a number of applicable Uniform Code provisions; and that the Town was aware of this. However, the Town has not commenced any action or proceeding to require the owner of this property to stop using the new addition as a· place of worship despite the fact that no certificate of occupancy _or temporary_certificate of occupancy; allowing such use bas been issued and____________ _ ______ __: --:~.:-::-::~<;l_espi~~ ~e apparenf'vio-Iatfons-of the- Uniforttl.:Code -provisions~cited above~:~ While the- Town::=app€iars-=-to-::-:---: ~-:--- ·:-:.---:::~--:­ have served the Complaint and Appearance Ticket described above, those items were issued more than _se~e0.1!1()_11:!}ls ;:tg() ~~-lul!~ J!~t~nJil'c·~jon cqulr~nJrT(L~·; a_uU File Cotie uf1'-!e\V \'oJJ:. St~1c' :)(Jc.. l (l\cccss lo l(cy Box). ATTACHMENT A Letter to Supervisor St. Lawrence January 28, 2015 Page 12 Preliminary Finding 5 (Violation of Other Minimum Standards) The forgoing list is not exhaustive; it appears the Town has also failed to comply with certain other aspects of the minimum standards, including, but not limited to the maintenance of an appropriate system of records of the Town's code enforcement program. The Town's failure to produce requested information and documentation on a timely basis suggests that the Town has not established and does not maintain an appropriate system of records of its code enforcement program and practices, in violation of 19 NYCRR section 1203.30). In addition, DBSC has determined that the Town has not filed the annual reports required by 19 NYCRR section 1204.4(a) for 2011, 2012, and 2013. -- .. ---·-- -- --- ··-- . ---------·- ------------------------ ---------···------------·-··-----------·--------~---- --· --· ---·---