Action taken against owners of Orleans home after 6-year-old dies in fire

 

Action taken against owners of Orleans home after 6-year-old dies in fire

Rachael Devaney

Cape Cod Time 

Published Feb 25, 2023

ORLEANS — After a Feb. 4 house fire, which resulted in the death of a 6-year-old boy, the Orleans Building Department has issued eight building and zoning violations after finding that a business unit in the structure had been converted into an illegal apartment.

The fire at 177 Route 6A led authorities to inspect the property on Feb. 8. The building was permitted as a mixed-use property, with two residential units and two commercial units. Investigators allegedly found illegal construction, specifically the conversion of one of the commercial units into an apartment, according to a cease and desist order issued to Peter Eli, property manager for College Fund LLC, the company that owns the property.

What violations are the property owner accused of?

A first-floor space, which was permitted for business use, was converted into a residential unit without a permit, creating an illegal three-bedroom dwelling, according to the cease and desist letter. A bathroom within that unit was constructed illegally and there were no smoke or carbon monoxide detectors, according to the letter.

The right side of the building, which was originally approved for business purposes, was illegally converted to a five-bedroom dwelling, the letter said. An additional kitchen was constructed on the first floor without a permit. And no local smoke or carbon monoxide were present in the apartment, according to the letter.

The outside stairway for the two residential units wasn't maintained, according to the cease and desist letter, and didn't have self-closing door devices within common areas. Walls were also created, along with plumbing and electrical work, without a permit.

Related:Orleans fire that killed six-year-old likely caused by electric fan

The building violations stem from a single-bedroom unit, where an exit was partially blocked by resident belongings, which prevented the door leading to the fire escape from opening fully; a two-bedroom which wasn't modified, but included an additional bedroom that was designated as living room, and also included an exit that was completely blocked, according to the cease and desist letter. Smoke detectors in the legal bedrooms had been removed.

Orleans officials say property owner violated zoning laws

Because the building was modified without a permit, and without permission from appropriate town boards and officials, College Fund LLC violated town zoning laws.

Charles Sumner, interim Orleans town manager, said the town of Orleans Building Department issued the notice by mail to College Fund LLC.

"They found a couple of issues — building and zoning code issues, and for each one, the landlord has between 30 to 45 days to appeal," said Sumner. "The appeals process is still pending."

This building was deemed uninhabitable due to fire

Because of the alleged multiple violations, College Fund LLC was ordered to immediately secure, make safe and prohibit occupancy. A full evaluation will be prepared by a Massachusetts Register Licensed Design Professional, so the property will be in compliance with the town's bylaws and Massachusetts state building codes.

The building commissioner’s office will fine College Fund LLC if the company doesn't comply.

Fire that killed boy not suspicious

While the fire is not suspicious, the exact cause remains under joint investigation by the Orleans Fire Department, Orleans Police Department, and state police assigned to the state Fire Marshal’s office and Cape and Islands District Attorney’s office.