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7 Complaint Record PART III BC Building LLC 248 Alexander Hill RD Northfield,MA 01360 Name/Address Icarus Wheaton&Finch larch Herold One Short Street Northampton,MA 01060 Estimate Date Estimate# 4/7/2011 2010 Description Qty Rate Total It is the intention of BC Building Ilc to address all issues brought up by Northampton Board of Health for the residence at 7 Pleasant ST,Northampton,Ma 01060.Report Dated 3/312011.All repairs to be completed on or before Friday April 22,2011.This completion date assumes hill cooperation from landlordhenant for access to residence.Having prepared 7 Pleasant for initial certificate of occupancy work should progress rapidly. Items to be addressed include: Add sufficient balusters to 3rd to 4th floor stairs to comply with cement code Repair/secure loose header trim 3rd to 4th floor stairway Add handnil(s)to 2nd to 3rd floor stairs Repair MISC sheetrock defects on 4th floor ceiling at multiple locations Repair damaged and/or missing plaster in 2nd floor mechanical MOM ALL WORK TO BE PAID ON A TIME AND MATERIALS BASIS CRAIG HALL MA CSLH 80061 Total 50.00 Benjamin Wood, MPH Northampton Board of Health 212 Main Street Northampton, MA 01060 Dear Mr. Wood, In response to the order pertaining to 7 Pleasant Street dated April 4, 2011, attached please find a written agreement with a licensed contractor to promptly repair the violations listed in the order. If you have any questions, or require any additional information, please feel free to contact me at 413-563- 2947, or you can reach Jordi Herold (the building owner) at 413-587-4581 or jordiherold @earthlink.net. This information was also emailed to your office on Friday, April 8, 2011 . Thank you, Megan Briggs Lyster Development Assistant Jordi Herold/Icarus Wheaten & Finch One Short Street Northampton, MA 01060 413-563-2947 (cell - preferred) 413-587-4581 (office) meganlyster@gmail.com )aniel Wasiuk 'rem: Ben Wood ;ent: Friday, April 08, 2011 4:55 PM ro: Daniel Wasiuk; Ed Smith iubject: FW: 7 Pleasant Street-order for repairs 4ttachments: 7 Pleasant Street-required repairs.pdf; 7 pleasant BOH repair.pdf sere you go! Original Message From: megan lyster [mailto:meganlyster(dgmail.com] Sent: Friday, April 08, 2011 4:00 PM To: Ben Wood Cc: jordi herold; Lisa G. Kent Subject: 7 Pleasant Street - order for repairs Dear Mr. Wood, in response to the order pertaining to 7 Pleasant Street dated April 4, 2011, attached please find a written agreement with a licensed contractor to promptly repair the violations listed in the order. If you have any questions, or require any additional information, please feel free to contact me at 413-563-2947, or you can reach Jordi Herold (the building owner) at 413-587-4581 or jordiherold(dearthlink.net. Thank you, Megan Briggs Lyster Development Assistant Jordi Herold/Icarus Wheaten & Finch One Short Street Northampton, MA 01060 413-563-2947 (cell - preferred) 413-587-4581 (office) meganlyster(tgmail.com Inspection Form Northampton Board of Health,212 Main St.,Northampton,MA 01060,413-587-1214 SSC 105 CMR 410.000: Chapter II,Minimum Standards of Fitness for Human Habitation Date: 313112011 Time:#3:30 pm #Occupants:1 #Children<6 Years NA Address:7 Pleasant Street Unit# City/Town: Northampton Occupant Name: Felicia Criscuolo Phone 4130-7827-8845 Owner Name: Jordl Herold Phone# 413-587-4581 Owner Address: 1 Short Street City/fown:Northanpton Zip Code:01060 #Dwelling/Rooming Units in Dwelling: 1 #Stories:4 Floor Level of Unit:2,3,4 #Sleeping Rooms: 1 #Habitable Rooms: Exterior, Yard& Porch Inspector: Daniel Wasluk,Edmund Smith Title:Health Inspectors If violations are observed and checked,describe them fully on Page 3. Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) Vg Violation Observed Responsible Party Owner Occupa nt Exterior, Yard& Porch Locks 4s0 Posting,ID, Exit signs/emergency lights 481.483,484 Handrails,steps,doors windows,roof 500.501,503 Rubbish—storage and collection 600.601 Maintenance of Area 602 Common ' Areas& Entry Light,windows 253.254.501 Egress 450.451.452 Handrails 503 Door 501 Interior Halls &Stairs Floors,walls ceilings 500 Hallways,railings,stairs(balusters) 1 503 X X Light,windows 253.254.501 Header facing on stairwell opening 410.500 X X Railing(none for back stairs 2n4 to 31O floor) 503(5) X X Bedroom 1 Location(circle): Front Rear Middle Left Middle of Unit Right F oor Level Ventilation 280 Ceiling height 401.402 I Windows,screen f 501.551 Wall 500 Bedroom 2 Location(circle): Front Rear Middle Left Middle of Unit Right Floor Level Ventilation 280 Ceiling height 401.402 Windows,screen 501.551 Bathroom Toilet,sink,shower,tub,door 150 Smooth,impervious surfaces 150 Lights,outlets,ventilations 251,280 Floors/walls(ceiling) 504 Kitchen Sink,stove,oven;good repair,impervious and smooth,space refriq 100 Lights, outlets,ventilation,windows,screens 251.280 501, Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) ZN Violation Observed Responsible Party Owner Occupa nt Kitchen, cont. 551 Ceiling height 401,402 Floor 504 Floors/Walls 500 Living room and Dining Room Lights, outlets,ventilation 250,280 Ceiling height 401.402 Windows/screens 501 551 Ceiling condition(sheetrock detaching)(4" floor living area) Sink 500 X 1 X Basement Maintenance 500 Watertight 500 Lighting 253 'Water Source(circle): Public Private Must be potable 180 Quantity,pressure 180 Responsible for paying MGL ch 186 s 22, metering 354 Hot Water Fuel Type(circle): Natural Gas Oil Electric Other Temp,: 56 °f Location taken: Kitchen Quantity,pressure, 110 F min, 130 max 190 Venting 202 Heating Type(circle): Forced Hot Water Forced Hot Air Stearn Electric No portable units 200 "Habitable room and every room with toilet,shower, tub" 201 • 68F7 am toll pm,64F 11:01 pm to 6:59 am, except 6/15-9/15 • 78 F max in heating season/measure 5 feet wall,5 feet floor Venting,metering 202.354,355 Electrical Type(circle): 110 220 Amp: Amperage,temporary wiring, metering 250.255,256, 354 Drainage, Plumbing Type(circle): Public Private Sanitary drainage required and maintained 1 300,351 Smoke&CO Detectors Required&operational 482 Emergency lights Pests Free of pests(rodents,skunks,cockroaches,insects) 550 Structural maintenance and elimination of harborage 550 Asbestos or Lead Paint 353,502 Curtailment 820 Access 810 Other 500 Mechanical room:damaged plaster,open to X X Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) ♦if Violation Observed Responsible Party Owner Occupa nt framing Referral: 0 Electric ❑ Fire ❑ Plumbing X Building ❑ Other This Inspection report is signed and certified under the pains and penalties of perjury. Z Inspector Signature: - - w 0/ gi.yd? -4' Occupant or Occupant's Representative Signature: Reinspection Date: 5/4/2011 Time: 3:30 pm Written description of any violation(s)checked above Include Area or Element,code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. NOTE: indicates that this housing inspection has revealed conditions which may endanger or materially impair the health,safety,and well-being of any person(s)occupying the premises ArealElement,Code Citation and Description of Violation Acceptable Remedies Stairs to 4 floor living area:balusters too widely spaced; MA 105 CMR 410.503: (D)Between all required guardrails and open handrails,balusters placed at intervals of no more than six inches,or any other omamentat pattem between the guardrail or handrail and floor or stair such that a sphere six inches in diameter can not pass through the opening.Any balusters or ornamental wort constructed or replaced after August 28,1997 shall have no space greater than 4' inches and in all use groups other than R4,shall not be constructed as to provide a ladder effect(780 CMR 1021 and 3603143 Add sufficient balusters to existing balusters Stairs to 4 Boor living area:header facing in disrepair: 410.500:Owner's Resnonsibilit to Maintain Structural Elements Secure loose trim Every owner shall maintain the foundation,floors.walls,doors,windows,ceilings,roof, staircases, porches,chimneys,and other structural elements of his dwelling so that the dwelling excludes wind,rain and snow,and is rodent-proof,watertight and free from chronic dampness,weatherght,in good repair and in every way fit for the use intended.Further,he shall maintain every structural element free from holes,cracks. loose plaster,or other defect where such holes,cracks loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. No railing backstairs 2 to 33 floor 410.503'Protective Railings and Walls Provide handrail on this stair The owner of all dwellings shall provide:(A)A safe handrail for every stairway that Is used or intended for use by the occupant as required by 780 CMR:Massachusetts State Building Code. 4t" floor living area: ceiling sheetrock detaching multiple locations around perimeter of room:410.500:Owner's Responsibility to Maintain Structural Elements Repair sheetrock as necessary Every owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof, staircases,porches,chimneys,and other structural elements of his dwelling so that the dwelling excludes wind,rain and snow,and is rodent-proof,watertight and free from chronic dampness,weamertighf,in good repair and in every way fit for the use intended. Further,he shall maintain every structural element free from holes,cracks. loose plaster, or other defect where such holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. Mechanical room wails&ceiling damaged plaster open to framing: 410.500:Owners Responsibility to Maintain Structural Elements Repair sheetrock as necessary Every owner shall maintain the foundation,floors,walls,doors,windows,ceilings, roof, staircases,porches,chimneys,and other structural elements of his dwelling so that the dwelling excludes wind,rain and snow,and is rodent-proof,watertight and free from chronic dampness,wealhertight,in good repair and in every way fit for the use intended. Further,he shall maintain every structural element free from holes,cracks, loose plaster,or other defect where such holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. I.Rent Withholding(General Laws Chapter 239 Section 8A). If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do this without being evicted if A. You can prove that your dwelling unit or common areas contain violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired while you continue to live in the building. Biel Wasiuk m: feliciaac63©comcast.net it: Tuesday,April 05, 2011 7:47 PM Louis Hasbrouck Mark NeJame; Daniel Wasiuk; Lisa Kent(Ikent @Inn-law.com) aject: Re: 7 Pleasant Street achments: dimples 001.jpg uis, lank you for that detailed information; especially your well-intended explanation of why you are not ncerned; specifically, the absence of"dimples." I have attached a picture for your review. This is a area at the top of the stairs on the top (4th) level. If not "dimples," what could these be? And there e more. They are very apparent in the area at the top of the stairs where the sheet rock is seriously (ling. I am quite concerned that you did not see the sheet rock falling in several other areas of the )stairs as well. I am sorry; I am not attempting to cause grief for you, but even the Health inspectors iw it falling in 5 different areas. So I guess this means there will be no inspection at roof level? I am ring here, and since mid-February after our last heavy snow, I have been watching this all take tape. It was NOT this way upon moving in. I am concerned; VERY concerned. Does your apartment have any pictures of the prior inspections? I would like to see for myself what you are ,ferencing. he manner in which this is being handled is of great concern to me. not "dimples," please respond with your estimation of what these could be in the attached picture. I m quite interested to know why you did not see them? They are VERY visible. "hank you, elicia Criscuolo ---- Original Message =rom: "Louis Hasbrouck" <Ihasbrouck @northamptonma.gov> fo: "feliciaac63 @comcast.net" <feliciaac63 @comcast.net> 3c: "Mark NeJame" <mark_nejame @verizon.net>, "Daniel Wasiuk" <dwasiuk @northamptonma.gov>, "Lisa Kent (Ikent @Inn-law.com)" <Ikent @Inn-law.com> Sent: Tuesday, April 5, 2011 6:58:34 PM Subject: RE: 7 Pleasant Street Felicia, I did look at the 4th floor ceiling. I didn't see that the sheetrock is falling.There are areas along the north wall where the sheetrock is down on the beam (picture attached) but it does not appear that it fell; it seems likely that it was never fastened in that area when it was installed. It is clear from the paint on the beam that it has been that way since it was last painted.Were the sheetrock falling I would expect to see evidence of it pulling away from the fasteners (dimples in the surface)and I didn't see any of that. 1 believe that the engineer is just going to look at the beams in the living room. I do not believe that the beams but an are me to believe sthat there inspection by an structural ssues.r1 don't believe did hat the building is sstrructurrally unsound. that led 1 It is important to understand that the building code does not require an existing structure meet the rements of the current building code.The code states: .6.1 Laws in Effect. Unless specifically provided otherwise in this code, and narrow to the provisions of this lawso odes, !xisting building or structure shall meet and shall be presumed to meet the provisions of the applicable or or regulations, bylaws or ordinances in effect at the time such building or structure was that the d or altere uctd end be allowed to continue to be occupied pursuant to its use and occupancy, provided maintained by the owner in accordance with this code." s Hasbrouck ling Commissioner of Northampton :n of Williamsburg Main Street thampton, MA 01060 3) 587-1240 ,m: feliciaac63 @comcast.net [mailto:feliciaac63 @comcast.net] it: Tuesday, April 05, 2011 2:59 PM Louis Hasbrouck Nelame, Mark; Daniel Wasiuk bject: Re: 7 Pleasant Street ;ar Mr. Hasbrouck, lave a question regarding your inspection, and with a pending structural inspection tomorrow orning, I am requesting a response as soon as possible. rst, because I missed the bulk of your inspection, I am unaware of whether or not you inspected the of, however; you made mention of it and the excessive snow Toads in a passing email, so I assume at you did. I also assume that is it a point of concern given that it was not part of the original spection/work that was done on this property last year. To that end, I would like to know if the :ructural inspection is to include ALL beams, even at roof level, or if your inspection was strictly -nited to the beams in the living room area. his information is critical to me at this point, as someone qualified who since looked at the roof feels tat, given the progression of the problem, there is cause for serious concern about the roof structure, nd what is truly causing the sheet rock to fall. The board of health agrees that it should be looked at ry the engineer. I was told the only way to see that is to get under that sheet rock and have a look. I to not, at this point, feel that it would be prudent to just re-secure the sheet rock without seeing what :ould be causing it to fall; would you agree'? (hank you, =elicia Criscuolo 7 Pleasant Street Northampton, MA Original Message From: "Louis Hasbrouck' <Ihasbrouck @northamptonma.gov> To: "Jordi Herold (jordiherold @earthlink.net)" <jordiherold @earthlink.net> Cc: "Lisa Kent (Ikent @Inn-law.com)" <Ikent @Inn-law.com>, "Felicai Criscuolo (feliciaac63 @comcast.net)' <feliciaac63 @comcast.net>, "Mark nejame" <Mark.nejame @verizon.net>, "David Narkewicz" <dnarkewicz @gmail.com>, "Jesse Adams" <jesse.michaeladams @gmail.com>, "Elaine Reall" <attyreall @comcast.net>, "Mayor of Northampton" 2 ar @northa mpto n m a.gov> Friday, April 1, 2011 2:29:43 PM et: 7 Pleasant Street Here's my letter about the inspection last evening at 7 Pleasant Street. I will hand deliver it this afternoon. Feel >call if you have any questions. Hasbrouck ng Commissioner f Northampton of Williamsburg Aain Street iampton, MA 01060 587-1240 of Northampton email messages cific statutory exemptions. of Northampton email messages :cific statutory exemptions. are public records except when are public records except when 3 they fall under one of the they fall under one of the a+MeuMa Jo oedaul TYa / .�f <o�/ mom t • • a� '/lama / / / sro pNI f c :ya a�a��a�s,��ajo;�ijo;9���.sNi /�� �� s�®— /� 40 We / iS :Aq wellallnanmiavi__ ..p../e2 //ate s rv; or/("y a//I-2i /574/2,a7 pi_/ if.9.27z yir2 /hj AAj rr"l sa0SSt 4</i( yi/ :xNIV10100'4oaa VN„vs-v.)-v.) MI �a.� , -1 gUeUIDIdWO3 683-ZrL-1/h (y) s' /=/ 1411' ^4* • ete4, " ' f wit cs; . . 440,r144 • . ,f rot 4. 'ht , ' -' T eat t' • • . • karr `hq %am t. 1 —ask tr as in, • • I ±au1 1 * sari �aae. Ct®a ■A ag• < y 9M„a4 z 9'� tuN< Ty'P N 44.m �Y sue. .3Y .,iV w e . 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I don't have contact Information for the eng i9 the original inspector that assisted Iil be than welo me to join us this morning, wl initial o wa otrcto who has been le progress of this movement and damage)to point out our or your prompt attention to this matter. CU010 al Message ----" northamptonma.gov> <Ihasbrouck comcast.net> pis Hasbrouck' <feliciaac63@ Inn"law.com> comcastnet" verizon_net>, "Daniel W asiuk"<Ikent@ @north „ <mark_nejame@ Inn"law.com)" NeJame t0nma.9ov>, "Lisa Kent(Ikent@ d noday, A 43 AM April 2011 9;09: dnesday, P speak to RE 7 Pleasant Street inspection? I will sp couldn't reach the engineer this morning.Could you let me know when he does the on as 1 can isbrouck Commissioner lorthamPton Williamsburg :In Street mPton,MA 01060 587-1240 feliciaac63 @comcast.net fMailto:fellciaac63@comcastReC Tuesday, April 05, 2011 7;47 PM "outs Hasbrouck Lisa Kent(Ikent @Inn-law.com) Mark Ne]ame; Daniel Wasiuk; ject Re: 7 Pleasant Street you are not explanation of why Y This is ais our well-intended expla a for your review. especially Y And there "dimples." I have attached picture could these ee. lank area you a aftr that of the information;absence of opimh) level. If not"dimples," Interned; specifically, of the stairs where the sheet rock is seriously ie area . the top of the appar on the top re more. They are very apparent in the area at the top in several other areas of the attempting to cause t roc for you, but even the Health inspectors of te Belt. concerned that you did not see the sheet rock for fa Ing nrin I am rent areas.I as. Sot ague sS 9 this all evel? in 5 different areas. So I guess this means snores will been watching roof level? am and NOT this mid-February upon after on. last heavy VERY concerned. Does lf what you are .h NOT any pictures upon moping in. I am ons? I would have any pictures of the prior inspections? I would like to see for myself ar in which this is being handled is of great concern to me. pies," please respond with your estimation of what these could be in the attached picture. I nterested to know why you did not see them? They are VERY visible. u, riscuolo lirk Message --- -- .out s Hasbrouck" <Ihasbro u ck @ northampto nma.gov > rk 3 astnet" el @63@ comcastnet> Ne me m < neja mever >, "Daniel W asiak" .k @nontcomptonma.gov>, "Lisa Kent Ok ent @Inn-law.com)" <Ikent @Inn-law.com> uesday, April 5, 2011 6:58:34 PM t. RE: 7 Pleasant Street the north wall 4th I didn't see that the sheetrock is falling.There are areas along I did look at the 4` floor ceiling. saute attached) but it does not appear that it fell;it seems likely that it was paint on the beam that itfhas been fasteners way s ;t p i ted.Were is the s e the beam(P expect to see evidence of it pulling astened in that area when it was installed. It is clear from the ,t painted.were the sheetrock falling of thetd.exp room. I do not believe that the beams es in the surface) and I didn't see any inspection that led sneer is just going to look at the beams the living sin during my P I believe that the engineer an engineer seemed prudent. I did not see anything believe s but there re are other by important to understand that the building code does not require an existing structure meet the believe that there are other structural issues.) don't believe that the building is structurally unsound. It is imp and narrow to the provisions of this code, code.The code states: applicable laws,codes, rements in the ct.Unless nt building in someet the narrow Cosh the .6.1 Laws it Eng or structure shall met provided shall presumed eths code, .or regulations,laiions, or awn or shall meet and shalt be anc ructure that the building or structure be regulations,on or oreioccuped effect rsuant to its uses and occupancy,building y structure was constructed d or altered re time be maintained to continue t wer in occupied P I be maintained by the owner in accordance with this code." is Hasbrouck (ding Commissioner of Northampton wn of Williamsburg 2 Main Street >rthampton, MA 01060 13) 587-1240 2 iaac63 @comcast.net[mailto:feliciaac63 @comcast.netj day, April 05, 2011 2:59 PM iasbrouck e, Mark; Daniel Wasiuk te: 7 Pleasant Street Hasbrouck, question regarding your inspection, and with a pending structural inspection tomorrow , I am requesting a response as soon as possible. cause I missed the bulk of your inspection, I am unaware of whether or not you inspected the wever; you did. 1 also assume that is iitttatpointt excessive of concern given that 1 was not part of the original assume the ion/work al inspections to done nclude ALL beams,even year.oof etvel, or it your inspection spectionkwas strictly to the beams in the living room area formation is critical to me at this point, as someone qualified who since looked at the roof feels ven the progression of the problem, there is cause for serious concern about the roof structure, to see that is to get under that sheet rock and have a look. I tat is truly causing the sheet rock to fall. The board of health agrees that it should be looked at engineer. i was old the only way t it feel to fall; would you agree? that ld prudent to just re-secure the sheet rock without seeing what be you, a Criscuolo asant Street Iampton, MA Driginal Message ----- v "Louis Hasbrouck" <Hasbrouck @northamptonma.gov 'Jordi Herold (jordiherold @earthli o 0I@ fn 'Lisa Kent (Ikent @Inn-law.com)' Ikent @Inn law ea Cscuolo verizon.net>, "David Narkewicz" <dnarkewicz @9mail.com>, "Jesse Adams" :iaac63 @comcast.nety <feliciaac63 @comcast.net>, "Mark nejame" ise.miame@ mail.com>, "Elaine Reall" <attyreall @comcast.net>, "Mayor of Northampton" ;se.michaeladams @g 3yor @northamptonma.gov> A: Friday, April 1, 2011 2:29:43 PM tject: 7 Pleasant Street f i, Here's my letter about the inspection last evening at 7 Pleasant Street. I will hand deliver it this afternoon. Feel a to call if you have any questions. .iis Hasbrouck ilding Commissioner y of Northampton )wn of Williamsburg 12 Main Street orthampton, MA 01060 V13)587-1240