Fire Code Violations

Deadline set on fixing Wildwoods condos

By TRUDI GILFILLIAN Staff Writer, (609) 463-6716
Published: Friday, August 25, 2006

CAPE MAY COURT HOUSE — The blame can be assigned later.

For now, Superior Court Judge Steven Perskie said he is more concerned with making sure that nearly 500 condominium units in the Wildwoods are made to comply with fire codes.

“Job one is fixing the buildings that need fixing and doing so immediately,” Perskie said Thursday during the latest hearing on the noncompliant properties.

Perskie said it made no sense to him that the state Department of Community Affairs did not consider the building-code violations an imminent threat to public safety, given that most of the violations are related to fire safety, fire separation and fire suppression issues.

Of the 75 buildings with violations, 46 had not reached an agreement on how to resolve those code issues as of Thursday's 9 a.m. hearing.

Perskie warned that if the remaining condominium associations fail to reach some agreement for repairs by Sept. 7, he would consider suspending their certificates of occupancy and order the buildings be vacated.

“No one is going to get hurt in any one of those buildings on my watch,” Perskie said.

The issue of who will ultimately pay for the repairs is likely to be decided in future legal proceedings, but Perskie said the immediate responsibility lies with the homeowners.

Once repairs are made, they are free to pursue claims against those they blame for the code violations.

On Feb. 10, unit owners were sent notice that their properties had been identified by the state as being built or inspected under the wrong building codes related to fire walls, means of egress and other fire-related safety issues.

Since then, the Joint Construction Office of the Wildwoods, or JCOW, has been meeting with developers, builders, architects and condominium associations to find ways to solve the problem.

On Thursday, Perskie received an update on the problem from JCOW attorney Glenn Callahan and heard from attorneys representing some of the dozens of owners, developers and other professionals involved.

Callahan told the judge the list of troubled properties started with 79 buildings and was later reduced to 75 that actually belonged on the list.

Of those, 29 have been abated or have formal agreements on how they will be abated, meaning repairs have been or will be made, Callahan said.

They have been given until Dec. 15 to make the necessary repairs.

That leaves 46 properties with no agreement in place. Callahan said talks are ongoing for the majority of those and he expects at least 14 will come to an agreement with JCOW shortly.

The delay on those, Callahan said, has to do with money.

“The issue in the balance is who's going to pay for it,” Callahan told the judge.
Attorney Henry Lewandowski, representing multiple properties, said the owners are faced with certain economic realities that cannot be avoided.

Lewandowski said the owners in North Wildwood, for instance, are unable to rent their properties because the city will not permit them to, and real estate agents won't list them for sale.

That means many of them are coming to the realization they cannot afford to hold onto their condominiums, he said.

“They're going to have to walk away from it,” Lewandowski said.
Perskie said he was aware of the financial bind placed on owners, but public safety was his focus.

“We're going to fix the buildings quickly, or we're going to vacate the buildings,” Perskie said.

To e-mail Trudi Gilfillian at The Press: TGilfillian@pressofac.com