Numerous code violations found in building where baby fell through window

By Yadira Betances
Staff Writer

July 05, 2008 01:06 am

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LAWRENCE — The height of the windows in the second-floor apartment from where an 18-month-old girl fell earlier this week are in violation of building codes, Inspectional Service Commissioner Myles Burke said.

In addition, the landlord did not have an occupancy permit for the apartment where Josefina Martinez lived with her daughter, Franciny Paulino, and the smoke detectors were not working properly.

Overall, city inspectors on Thursday found a total of 27 code violations in seven of the 10 apartments in the three-story, brick building at 64 Manchester St., Burke said.

"The windows were too low," Burke said after the inspection that was ordered by Mayor Michael Sullivan.

Burke said the Massachusetts State Building Code dictates that the bottom of a window be at least 24 inches from the floor and no higher than 44 inches. The bottom of the windows in the apartment at 64 Manchester St. are 18 inches from the floor.

"Obviously, some of these measures are no substitute to parental supervision," Burke said. "But safety codes are there for a reason."

Martinez was sitting on the front porch some 30 feet from where Franciny pushed through a window screen falling 40 feet to the ground Tuesday night.

The child suffered a fractured skull and internal injuries. Her condition has been upgraded from critical to serious at Massachusetts General Hospital in Boston. "The child is doing better; she has improved," said police Chief John Romero.

Among other violations found by inspectors Irene O'Callaghan and Ray Hileman were "crushed ceilings," "worn countertops," "no doors on the boiler closet" and "windows falling out."

"I wasn't very happy with the overall condition of the building," Burke said. "It wasn't nearly to state sanitation codes, although some units were in fairly decent condition."

Burke said the law requires apartments to have screens to protect tenants against insects.

Neighbors said the screen at Martinez's apartment was held in place by a couple of screws.

"We prefer them to have them," Burke said. "Screens are there to keep insects out and not children in."

Burke said that building owner Jerry Chenelle Jr., of 351A Hampshire St., did not have an occupancy permit for Martinez, who moved there about two months ago. He was fined $300 for the infraction.

"This is going to be a costly lesson for everybody," Burke said.

Some of the violations need to be corrected within 24 hours, including leaky pipes under the sink, replacing light bulbs on exit signs, and installing smoke detectors.

Chenelle has 30 days to repair other violations, including baseboards without covers, drawers and doors falling off cabinets, as well as unfinished walls and floors.

Residents like Hazel Rivera said Franciny's fall was an accident waiting to happen. She said her son, Alex Rosario, 3, who has cerebral palsy, almost fell through a window of her third-floor apartment, but her husband caught him.

"The building is not in good condition," said Rivera, who has lived there for two years.

Rivera pointed to cracks in the walls, green mold, loose railings, and rotting wood on staircases.

Rivera and another tenant, Yolanda Rosa, said the building is infested with rats, cockroaches and bedbugs.

Burke ordered Chenelle to exterminate the apartments within 24 hours and bring proof to the Inspectional Services Department once it was done.

Chenelle has owned the building at 64 Manchester St. for at least 10 years and has other properties in the city, including on Hampshire and Lexington streets.

"He's been around for a while. I didn't find him to be an irresponsible landlord, but I wouldn't say I didn't have to cite him a few times," Burke said.

"He feels terrible about the accident," Burke said of Chenelle. "He's not a bad person, but he needs to stay on top of his properties and take his share of the responsibilities."

Chenelle did not return repeated telephone calls made to his business, Park Street Apartments.

Burke said Lawrence's Inspectional Services Department had not received any previous complaints from tenants at 64 Manchester St.

His office generally conducts an inspection when tenants file a complaint or when the owner applies for an occupancy permit, which they have to do every time a new renter moves in.

Landlords pay $50 for the permits and are fined $300 if they fail to get one.

"The occupancy permit and any inspection is a snapshot in time," Burke said. "We understand people move in and out of these units and they go out of compliance whether it's tenant inflicted or wear and tear."

Meanhile, police Chief Romero said the accident remains under investigation, and that the Department of Social Services and the state police are involved in the investigation.

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