State rips Ramapo, Spring Valley building enforcement

A state agency has issued blistering letters citing inadequate building inspections and enforcement of zoning and fire-safety regulations in Ramapo and Spring Valley.

After state officials last year responded to complaints, the state Department of State's Division of Building Standards and Codes preliminarily found the municipalities allow potentially dangerous conditions to fester in housing and single-family-home conversions into schools and, in some cases, houses of worship.

The agency found Ramapo gave temporary approvals to buildings used for religious schools that remain in violation. The temporary certificates of occupancy benefit the schools as administrators can seek services from the school district and seek thousands of dollars in state aid and access other programs.

Critics claim many temporary COs never cease as private schools continue to operate, or get municipal approvals for classroom trailers, and rarely face court or government penalties.

If the municipalities don't move to correct the deficiencies, the state could intervene and conduct a "full investigation of all aspects" of enforcement. The agency can hold public hearings, according to the letters issued Jan. 28.

Both municipalities must respond in writing.

The agency's involvement followed several years of complaints of inadequate enforcement by the Rockland Illegal Housing Task Force. The Journal News did an investigative report on illegal housing and schools in Ramapo and Spring Valley in which landlords and schools allegedly profited while flouting the laws.

Ramapo allows schools in residential areas and its policy has been, if a school is in violation by opening up classes illegally in single-family homes, the administrators can continue operating if they file building plans with the town and provide fire safety.

In return, the town Building Department issues temporary COs after an evaluation by a town advisory agency, the Community Design Review Committee. The building inspector leads the committee, with a town attorney and planner.

"The Department preliminarily finds that the Town has not complied with the minimum standards relating to requiring building owners to obtain building permits" and "certificates of occupancy and temporary certificates of occupancy," the state agency wrote in a 14-page letter.

The agency also determined the town 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."

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Prior to the letters, the Rockland Illegal Housing Task Force went to the state with numerous complaints.

"We have contacted the state, they came down and saw the problem, but I am at a loss as to what their next move is," said John Kryger, head of the task force. "We've been very patient."

The state found Spring Valley inspectors failed to comply with certain minimum standards regarding using its code-enforcement powers to protect the public from fire and inadequate building construction.

The village has also not met the minimum standard of conducting fire-safety and property-maintenance inspections, the agency said. The village has not always required the owner to apply for a building permit, the agency said in its letter.

Spring Valley officials have said the Building Department is understaffed, though fire officials such as Rockland County Emergency Services Coordinator Gordon Wren have for years suggested that charging businesses and schools for inspections would pay for additional personnel.

Spring Valley Chief Building Inspector Walter Booker has been suspended since January following a fallout with Mayor Demeza Delhomme.

Ramapo Building Inspector Anthony Mallia has said inspectors issue summonses for violations and it's the Ramapo Attorney's Office that prosecutes and courts that decide fines and other punishments.

State Assemblyman Kenneth Zebrowski, D-New City, has been pressing the state agency to act. He also introduced legislation mandating that private schools have a fire inspection and certificate of occupancy before getting state funding.

Zebrowski called the agency's reviews a positive step "to hold these municipalities accountable." He said full investigation is necessary to ensure the safety of residents and first responders.

"Unfortunately, this enforcement has not taken place and the state must intervene in order to protect the public," Zebrowski said. "Rockland's fire service has been decrying the lack of enforcement for some time now."

Twitter: @lohudlegal

State letters:

https://www.documentcloud.org/documents/1667540-new-york-state-building-codes-letter-to-ramapo.html

https://www.documentcloud.org/documents/1667544-codes-letter-to-spring-valley-2015.html