February 12, 2014

Text of condemnation order city issued to Wah Lung

This is the order issued in relation to this story.

111 North Main Street, Bristol, CT.  06010


February 10, 2014
Chen Xue Q
2 Divinity Street
Bristol, CT 06010

RE: 2 Divinity Street, Tax Assessor map # 49, and Lot # 11-1
Subject: Unsafe and unsanitary building

To Whom It May Concern:

As the owner of the property known as 2 Divinity Street  and 173 West Street in Bristol, Connecticut; I am hereby issuing this condemnation order that the structure be deemed uninhabitable due to unsafe, dangerous and unsanitary conditions and the persistent improper (lack of) property maintenance. On February 10, 2014, I observed numerous violations during my inspection with the Bristol/Burlington Health Department, Bristol Fire Marshal’s Office and the Mechanical Inspector from the Building Department.  I received a referral from the Director of the Health Department who’s employees were concerned that there existed unsafe conditions.
The following unsafe, dangerous and unsanitary conditions must be addressed before the condemnation order can be lifted and the building re-occupied:
1)      All garbage, refuse (rotted wood) and trash must be removed from the exterior of the premises, especially from areas at rear of building blocking rear egress.
2)      All windows and doors and surrounding trim of the building must be restored.
3)      The rear egress covered porch and stairs is unsafe due to failing structural members which must be rebuilt per building code after applying for a building permit.
4)      Heat must be restored.  Do not use portable heaters of any type as a primary heat source.
5)      The restaurant Hood and duct system must be cleaned of heavy grease build up.
6)      Remove damaged flue exhaust pipe from rear of building.
7)      Remove the peeling paint and restore exterior siding and trim where required.
8)      Smoker unit must be vented separately and not through the hood suppression system.
9)      Kitchen freezer condensate drain line must be plumbed to an in-direct waste outside the freezer unit.
10)  Unsanitary conditions in restaurant require that the wall, ceiling and floor coverings be re-placed-NOT RE-PAINTED.
11)  Confirm use of FOG required grease trap with Fran Baehr, Mechanical Inspector at 860-584-6216.
12)  Install code compliant doors and egress hardware to rear exit of kitchen area. Clear all ice and debris to allow safe passage of occupants.
13)  Comply with all requirements of Bristol/Burlington Health District.
14)  Comply with all requirements of the Bristol Fire Marshal’s Office.
15)  The inspection of the basement of the building and the three apartments are required to determine if there is any structural defects and fire hazards which may pose imminent danger to anyone occupying the structure and may result in additional restoration requirements.

Therefore, I am hereby ordering you do not occupy the structure known as, 2 Divinity Street and 173 West Street, Bristol CT except to correct the violations listed in this order. Failure to comply with this order will result in arrest by the Bristol Police Department. This order will not be lifted until all of the violations listed above are corrected and I receive confirmation from all City Departments involved.
Please call me at 860-584-6220 if you have any questions concerning this order.


Guy R. Morin
Chief Building Official
Cc. Richard Lacey, Assistant Corporation Counsel
      Karen Wagner, Housing Inspector
      David Vanwie, Fire Inspector
      Charles Motes, Director of Bristol/Burlington Health District
      Phyllis Amodio, Supervisor, Bristol/Burlington Health District
You are in violation with the following City Property Maintenance Ordinances:
108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu­pants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
108.1.3 Structure unfit for human occupancy. A struc­ture is unfit for human occupancy whenever the code offi­cial finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the struc­ture constitutes a hazard to the occupants of the structure or to the public.
108.5 Prohibited occupancy. Any occupied structure con­demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code
109.1 Imminent danger. When, in the opinion of the code offi­cial, there is imminent danger of failure or collapse of a build­ing or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occu­pation of the structure, or when there is actual or potential dan­ger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Bristol Building Code Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately sat­isfied by other means.
302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu­pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions
304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay­resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Paint on the exposed
surfaces of the exterior shall not be cracked, chipped, blistered, flaking, loose or peeling so as to constitute a health hazard.  All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement
304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
304.5 Foundation walls. All foundation walls shall be main­tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man­ner that creates a public nuisance.
304.10 Stairways, decks, porches and balconies. Every exte­rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather­coating materials, such as paint or similar surface treatment.
304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes.
304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
304.15 Doors. All exterior doors, door assemblies and hard­ware shall be maintained in good condition. Locks at all en­trances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3
305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sani­tary condition. Every owner of a structure containing a room­ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan­cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
305.3 Interior surfaces. All interior surfaces, including win­dows and doors, shall be maintained in good, clean and sanitary condition. Paint on the exposed surfaces of the interior shall not be cracked, chipped, blistered, flaking, loose or peeling so as to constitute a health hazard.  Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be main­tained in sound condition and good repair.
305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head­ers or tracks as intended by the manufacturer of the attachment hardware.
307.1 Accumulation of rubbish, garbage and litter. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish, garbage and litter.
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of 65° in all habitable rooms, bathrooms, and toilet rooms.
603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com­pliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any pre­mises that do not comply with the requirements of this chapter.
702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the codes and standards referenced in chapter 8 of this code.
702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code
704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any com­bination thereof shall be maintained in an operable condition at all times in accordance with the codes and standards referenced in chapter 8 of this code. Single or multiple-station smoke alarms shall be installed in other groups in accordance with the codes and standards referenced in chapter 8 of this code. The provisions of this section shall be enforced retroactively to all existing residential structures.

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