City Council

~AD HOC REPORT~ Illegal Apartments: Review of Ord. Reg. Codes, Statutes & Penalties Meeting #1 – Fire Marshal & Building Inspector Tuesday, February 25, 2025 Chairman Peter Buzaid called the meeting to order at 6:30 p.m. on Tuesday, February 25, 2025. Present were Committee Members Cheryl Wallace-Smith and Elmer Palma. From the City were James Schullery, Building Inspector; Terry Timan, Fire Marshal; Dan Casagrande, Corporation Counsel; Taylor O’Brien, Chief of Staff, Mayor’s Office; Sean Hearty, Zoning Enforcement Officer; Shawn Stillman, UNIT Coordinator; Fernanda Carvalho, Health & Human Services Director; and Ryan Boggan, Assoc. Director of Environmental Health. Ex Officio Members present were: Lou Giordano, Andrea Gartner, Barry Rickert, Ben Chianese, Bill McAllister, and Duane Perkins. Present from the public were Ken Gucker, Tom Brown, and two unidentified individuals. Mr. Buzaid provided a quick overview of the purpose of the meeting. Mr. Timan discussed his position (Fire Marshal) and its role in inspections, complaints/warrants, zoning, enforcement/jurisdiction, and site access challenges into residences. He defined the classification of an “Illegal Apartment” for Member Wallace-Smith, noting the presence of a kitchen as a classification of an apartment. He addressed Mr. Chianese’s questions regarding the difference between rooming houses versus apartments. Furthermore, he clarified the term “Government Agency” for Ms. Gartner, and the responsibility of displacement expenses for Mr. Duane Perkins. Mr. Rickert also spoke additional Fire Marshal Office requirements, in addition to residential inspections, and citied Sections 29-3-05 and 29-03-06 regarding emergency violations. Mr. Timan spoke on the department’s enforcement efforts and explained violation penalties. The public has 30- days to comply with an order regarding Fire Code violations, and the department issues compliance letters on a quarterly basis. Furthermore, he clarified the following: permit process, role of government (agencies and elected officials) in reporting violations, and staffing challenges. Currently, the department is utilizing a new software program to improve the inspection process. Mr. Rickert discussed the importance of addressing the department’s staffing challenges to support community growth. Mr. Schullery spoke on the Building Department’s responsibilities regarding accessing dwellings, illegal apartments, and addressing public complaints. He clarified the department’s notification and enforcement efforts, and penalties. The department is working towards having a more knowledgeable staff to deal with development and growth in the City. Chair Buzaid encouraged participants to clarify jurisdiction (City versus State) when it comes to addressing illegal apartments. Mr. Schullery discussed continued education and certification requirements for Building Officials with Mr. Rickert. Furthermore, he confirmed for Ms. Gartner that the department offers translation assistance to members of the public who do not read or speak English. Mr. Timan, Mr. Schullery and Mr. Stillman confirmed that there have been orders issued within the last year under the Relocation Act. Chair Buzaid noted another meeting will be scheduled to address the role of Zoning, Health and the UNIT in this matter. A motion made by Committee Member Wallace-Smith, seconded by Committee Member Palma, to continue the ad hoc to hear from the Zoning Enforcement officer and Health Department regarding illegal apartments to a date determined by the Chairman. Motion carried unanimously. The meeting adjourned at 7:48 p.m. Respectfully submitted, Peter Buzaid, Chair Cheryl Wallace-Smith Elmer Palma