Wednesday, March 19, 2014

Douglas Pochini fails to comply with Massachusetts law with regard to carbon monoxide detectors

The state of Massachusetts, at this website, answers the following question with regard to carbon monoxide alarms:

What Am I Required to Do if I’m a Landlord?
The answer:
 Landlords must install CO alarms in each dwelling unit. Landlords also must inspect, test and maintain the CO alarms at least once a year or at the beginning of any rental period (such as lease renewal). Batteries are required to be replaced once a year. Tenants should report any problems with alarms to the landlord immediately and learn to recognize the difference between the smoke detector and the carbon monoxide alarm.

But Douglas Pochini, true to his character, apparently doesn't give a damn what the law has to say.  He has demonstrated this time and again.  This individual continues to operate as a real estate broker in the state of Massachusetts while flouting Massachusetts law.  Why is this tolerated?  Why is it that one tenant found it necessary to contact the Athol Daily News so that the local health board would finally charge Kaliko Estates (of which Douglas Pochini is the Property Manager) with violations of M.G.L., chapter 186, section 22?

Relevant reading:


"Section 26F1/2. (a) Every dwelling, building or structure, including those owned or operated by the commonwealth, occupied in whole or in part for residential purposes, that: (1) contains fossil-fuel burning equipment including, but not limited to, a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device that burns fossil fuel; or (2) incorporates enclosed parking within its structure shall be equipped by the owner with working, approved carbon monoxide alarms in conformance with the requirements of the board of fire prevention regulations; provided, however, that such requirements shall include, but not be limited to, a requirement that a landlord or superintendent shall install either approved monitored battery-powered alarms or approved electrical wiring alarms as defined by the board, as are required to make the alarms operational at the beginning of any rental period by lease or otherwise and shall maintain and, if necessary, replace batteries or such battery-operated or electric hardwired carbon monoxide alarms annually thereafter to insure their continued operability.
(b) The board of fire prevention regulations shall promulgate such regulations as may be necessary to effectuate this section including, but not limited to, the type, installation, location, maintenance and inspectional requirements of carbon monoxide alarms.
(c) Every dwelling, building or structure, occupied in whole or in part for residential purposes, shall, upon sale or transfer of such dwelling, building or structure, be inspected by the head of the fire department for compliance with the requirements of this section.
(d) The state building code may impose stricter carbon monoxide alarm requirements for new construction or dwellings, buildings, or structures substantally renovated so as to constitute the equivalent of new construction. Every such dwelling building or structure, occupied in whole or in part for residential purposes, shall, upon sale or transfer of such dwelling, building or structure, be inspected by the head of the fire department for compliance with the carbon monoxide alarm requirements of the state building code in effect on the date of the issuance of the relevant building permit.
(e) The head of the fire department shall enforce this section.
(f) The department of public health shall promulgate such rules and regulations as may be necessary to effectuate subsection (a) into the state sanitary code as established under section 127A of chapter 111."  See here.

2 comments:

  1. Obviously another disreputable lanlord who believes himself/herself to be "above the law." Disgusting. Especially offensive considering what happened in Douglas - nine people sick due to carbon monoxide.

    ReplyDelete
  2. Placing lives at risk. What does this guy have the fire chief on his payroll?

    ReplyDelete