When does malice become murder?

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Lack of working smoke detectors blamed in deaths

By EMILY C. DOOLEY and ETHAN ZINDLER

STAFF WRITERs

Fire officials said the lack of functioning smoke detectors was a key

reason a young family of five perished in an early-morning house fire

in Dennis yesterday.

But whether the home contained malfunctioning detectors, detectors

with depleted batteries, or no detectors at all was unclear as

investigators combed through the ashes.

The duplex house has not been inspected in at least 20 years by local

health officials, who are charged with enforcing the town's fire code

on rental properties.

State law requires that all residential housing be equipped with

functioning smoke detectors. But towns have leeway in how they

administer the law.

Dennis bylaws do not require annual inspections. Instead, landlords

submit an affidavit annually in which they state the property is in

compliance with the fire code.

" There is no requirement for an inspection to be done annually, "

Dennis Health Director Terence said yesterday. " However, an

occupant or landlord could request an inspection. We recommend the

landlord do that, but they don't often. "

The victims of yesterday's fire lived at 35 Blackberry Lane, the

right half of the duplex. In 2000, town officials received a request

to inspect the other unit in the duplex, 37 Blackberry Lane, in

anticipation of its being rented. But town records suggest that

inspection was never done.

" We have nothing, no record of an inspection, " said.

Fire officials found smoke detectors in the left unit of the duplex,

but none had batteries in them.

Dennis town officials require property owners to file annual

affidavits stating that functioning smoke detectors are in the unit.

" Tired of it beeping "

said there is no way for the health department to guarantee the

accuracy of such affidavits. He said a landlord could just sign the

paper and send it in yearly without paying attention. Or, equally

possible, tenants could remove batteries.

" The usual complaint is, 'Well I was tired of it beeping,' "

said.

Under town bylaws, rental units must be inspected when they are first

rented, when the owner of the property changes or when a lapsed

occupancy permit is renewed.

Salvatore Pargoli of West Yarmouth has owned the property since 1973.

The last time the property was inspected was in 1972, said.

Rental occupancy permits for the Blackberry Lane duplex can be traced

back to 1981, five years before local bylaws required an on-site

visit by the health department to determine how many people could

live in the duplex. And since the units have been rented continuously

and Pargoli has remained the owner, there has been no call for an

inspection, said.

Pargoli's son said his father would not comment on the matter

yesterday, adding that the elder Pargoli does not speak English well.

" He's 85 years old. Please, you'll give him a heart attack, " Pargoli

said outside his father's West Yarmouth home.

Day-to-day upkeep of the Blackberry Lane duplex is the responsibility

of Cape Realty, a West Yarmouth real estate rental and sales agency

contracted by Pargoli to manage the property. Workers at Cape Realty

also declined to comment yesterday.

Town-by-town discretion

In 1975, a new state building code required smoke detectors be

installed in all newly constructed homes. Each town administers the

law locally, which means there can be differences in how the law is

administered from town to town.

In Mashpee, for instance, town bylaws require multifamily units,

including duplexes, to have commercial fire alarm systems. A testing

company must sign an affidavit that the system works, said Mashpee

Fire Chief Baker.

" When it comes to state regulations, there's little or no maintenance

inspection, " he said. " Usually it's the common areas that are

inspected and not the personal space. "

About 70 percent of fatalities caused by fires in the home can be

attributed to nonexistent or faulty smoke detectors, according to the

National Fire Protection Association, a national organization that

sponsors Fire Prevention Week, which started Sunday.

" I've been building for over 25 years now, and the one regulation

that makes the biggest difference, in my opinion, is the smoke

detectors, " said Everett Boy Jr., who owns Reef Realty. That building

and landscape company is where " Ronnie " Mero worked until his

death in the fire yesterday.

(Published: October 5, 2004)

Senator O' Leary,

I read of the tragedy of the Family in Dennis. I hope that you

and all of your friends on Beacon Hill realize that your failures to

act on SD2068 or SD2069 helped to kill this Family? Each of their

souls is your responsibility.

You all were told of the failures of local and state inspectors

to obey and enforce the state codes for years. You all decided to

close your ears and eyes to this truth. You should consider

yourselves as equals in the blame for this Family's death.

I now ask you to pass this Legislation in memory of this Dennis

Family that died because bad inspectors were allowed to keep their

jobs. If you need new copies of SD2068 and SD2069 let me know and I

will send them to you.

Ken Moulton

PO Box 874

Hyannisport, MA 02647

E-mail: kenhmoulton@...

Needless Tragedy –

The Parents and their three Children that died in the

Dennis fire were a tragedy that didn't have to happen. There is

plenty of blame for this tragedy. First and foremost is the owner of

the property and the rental company he hired to care for the home.

The blame does not stop there. It also falls directly

into the lap of the Town of Dennis and the failure of their

inspectors to obey and enforce the rental and fire codes for 20

years. They took their pay checks each week and let down the Family

and all others within Dennis.

All Legislators on Beacon Hill must also share in the

blame. For almost a decade they have refused to pass any Legislation

that would make for strict enforcement for all of the health and

safety codes of the Commonwealth. Not one Cape Legislator has stood

to support any of this proposed safety Legislation.

All of the Safety Legislation that was proposed had tough

penalties for the failure of Government officials and inspectors to

enforce the current codes. Sadly, this Legislation was required after

the Legislature, in December 1993, passed a Law, without record of

any vote or discussion, which held nobody accountable if they failed

to enforce the codes as the Law required them to.

This 1993 Legislation acted as a " Get out of Jail Free "

card for all of those local and state inspectors that broke the Law.

The failure of local and state inspectors to enforce codes was a

partial reason for the Station Fire in Rhode Island. How many more

must live in danger, or die, before the Safety of Citizens becomes

the only factor in Public Safety and code enforcement?

My Family, and many others across the Commonwealth, have

been the victims of local and state inspectors to do their JOBS! We

have been the victims of a Legislature and local and state Government

that has been more intent on protecting their own rather than the

citizens they are suppose to represent. Luckily, my Family escaped

the numerous code violations that the local and state inspectors

refused to obey and enforce. We got out with our lives but lost

everything else.

The Legislation I wrote, SD2068 and SD2069, would have

helped to prevent the tragedy in Dennis and many others across

Massachusetts. I submitted SD2068, for the first time in 1996. SD2069

was first submitted about three years ago. Our ineffective

Legislature let down the Family in Dennis. Sadly, it is too late for

them to apologize to this Family. It is not too late to pass this

Legislation to honor the Family from Dennis.

Ken Moulton

E-mail: kenhmoulton@...

I have written and submitted different pieces, as early

as 1966, of Legislation on behalf of the citizens of Massachusetts. I

have honored my Son, Kenny, by using his name in each. He is

handicapped, retarded and a quadriplegic.

I have included my reasoning for my submissions. Due to

the length of SD2068 and SD2069 I will send them as attachments to

anybody that wants them.

Tort Reform

Under current Massachusetts Law, if a local or state

government building inspector disobeys or refuses to enforce

Building, Fire, Health and Safety Codes they cannot be held liable or

accountable by the citizens they have harmed. These " protection " Laws

are Un-Constitutional in that they deny Citizens their Rights to Due

Process.

My Legislation will hold only those that have broken

state laws accountable. It will also hold those local and state

government entities that have known of, profited from or protected

those inspectors that have broken the law and placed citizens in

danger legally liable and accountable. I have been trying to get this

passed since 1996.

Tort Reform Legislation

SD2068 -

Section 10 of Chapter 258 of the General Laws, as appearing in the

latest official edition, is hereby amended by striking out Sections E

and F and inserting in place thereof the following -

Construction Lemon Law

Currently under Massachusetts Laws, many are allowed to

withhold information in relation to construction or the prior history

in the sale of property and real estate. It means the buyer, consumer

and citizen is almost defenseless to unscrupulous agents. My Law will

allow citizens to bring Legal action against any that have practiced

deception, fraud or other dangerous acts against a citizen or group.

By restoring these Legal rights to citizens it will

demonstrate to those, that practice deception, that they will not be

protected. This will apply to builders, banks, lawyers and private

and government inspectors. Nobody will be above the Law.

SD2069 –

AN ACT TO PROVIDE FOR ENFORCEMENT OF LOCAL AND STATE BUILDING, FIRE,

HEALTH, SAFETY, ELECTRICAL AND BUILDING CONSTRUCTION LAWS AND

STANDARDS AND FOR DISCLOSURE.