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#41
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Apartment building fire
On Apr 1, 6:22*pm, ransley wrote:
On Apr 1, 4:48*pm, Oren wrote: On Fri, 1 Apr 2011 12:27:29 -0700 (PDT), ransley wrote: On Mar 31, 9:19*am, bob haller wrote: Document continiously all work done, even though insurance company will be doing perodic inspections. Insurance....... hey prove you insulated those walls Sure heres a before and after photo with signs in photos identifying locations With walls open its time to make all upgrades, since you can get more rent for a modern good looking apartment, and better tenants *low lives wouldnt want to pay more and go elsewhere I agree , but all the apartments were redone in 07 to like new, so its really a pain in the ass this job. What caused the fire? Appliances? If a faulty appliance caused the fire, well, there are lawyers chomping at the bit. Short wiki: "Subrogation in its most common usage refers to circumstances in which an insurance company tries to recoup expenses for a claim it paid out when another party should have been responsible for paying at least a portion of that claim."- Hide quoted text - - Show quoted text - Gang related, a gasolene bomb, and they went for the wrong guy the cops said. So it spread real fast at 330 am on the coldest night of the year, near 0. 47 doors and windows the fire dept busted out, The windows I understand, as the fire department needs to vent the heat and smoke before they clear the scene to make sure that the fire is actually put out and won't flashover again after they leave... But the doors ? Did this building not have a knox lockbox for keys ? Seems like something you would want to look into... ~~ Evan |
#42
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Apartment building fire
On Apr 1, 8:49*am, ransley wrote:
On Mar 31, 2:48*am, Evan wrote: On Mar 30, 8:08*pm, ransley wrote: * *I had an apartment building fire with extensive smoke damage affecting many apartments with smoke damage only. I have been told by many contractors that when it is near 90f outside and humid the smoke smell will re occur if it is not removed now. *It can get to 100f, 85% humidity here, and there is no central air so I have prime weather for re activating the dormant smoke smell. I have been told the high heat periods are when the tenants will complain and move. * My question is *does smoke that travels through the walls come back into the next apartments through the openings, and outlets , walls? Do any of you have direct fire , smoke damage experiance, *and have any ideas on *to how far a rebuild has to go? *Are there any Fire Pro guys out there? . The job keeps looking worse! * I dont want the insurance co to cut me short!! *Does anyone have actual fire- apartment- smoke - experiance here, With the building open now, it will be July 2012 before I know if this years work was enough to combat the smoke damage. Well ransley the question here is whether you want the work done right so you will never have any complaints in the future, or you choose to go along with only what your insurance will cover and deal with any issues that come up later on by yourself out-of-pocket once the claim has been settled... Umm... *As far as my fire damage experience goes, it is limited to commercial buildings... *Complete stripping of any sheetrock in the fire/heavy smoke damaged areas and any carpeting which had contact with the odor and/or run off water from the fire fighting efforts spoil it... How many units in the building ? *How many effected by the damage ? If you are opening up the walls, that might open up a can of worms... Would the electrical be up to current code ? *Plumbing ? *Would you have to install sprinkler protection (not sure what your local codes are)... I assume your occupancy certificate was revoked due to the fire damage for at least several of the worst damaged units if not the entire building... The questions you should be asking your local AHJ is "What do I need to do to pass inspection and get new certificates of occupancy?" rather than what you should be going back and forth with your insurance company over... *Prioritize the work by repairing the less damaged units so you can get some rental revenue back ASAP, but in order to do that you need to know what the scope of your work will be as far as what the AHJ is going to require, not what your insurance company proposes you should be compensated for... You are either going to be spending your own money to get the project going and battling with your insurer via an adjuster to get compensated or you will be getting payouts in increments for work specifically approved by the insurance company... *Fighting to include work being required by the AHJ that the insurance company debates whether or not it should be covered by the loss because the building has not been upgraded over the years prudently to keep up with the changes in the code requirements... As far as the smoke smell coming back -- what are the floors made of ? Wood should be sanded and resealed with exterior polyurethane like others have suggested... *Carpets and padding should be discarded and replaced, the sub-floor surface under any carpeting should be sealed... The concept is encapsulation the same with mold/water damage issues... If you are concerned about the smells which are trapped inside the walls the only way to prevent that from being an issue is to gut the walls, paint anything structural which you will not remove and replace to encapsulate any odors which have been deposited and then rebuild the walls... If the building is very old, this will give you an unprecedented opportunity to upgrade things which you would never have done under normal circumstances -- if you are able to access any capital to reinvest in your apartment building now is the time to upgrade electrical, rewire rooms so you can control wall outlets via a switch loop, install better telephone, cable and internet facilities which your tenants can utilize... *Does each individual unit have its own water shut off valves so you can do work in one unit without shutting down the water to the entire building ? *You can add sprinkler protection if your building doesn't have it now, every wall cavity can be insulated with mineral wool insulation adding more passive fire protection and sound deadening between the units and even rooms within the same unit... *Through this disaster you are being given an opportunity to do a lot of things to bring your building into the modern era that most property owners would never dream of doing to a fully rented apartment house... *It all depends on whether you can access funds and how thorough you want to be in making sure there will be no further issues down the road... *I mean if your tenants are displaced and rent elsewhere during the repair work, would you be informing the new tenants that there was fire damage and that the building wasn't gutted and fully repaired to ensure no smells or mold would occur in the future from that disaster ? *How long do you want to keep making that disclosure before you can say you fully rebuilt the interiors of the effected units ? *It isn't something you can just paint Kilz over and walk away from especially if it is an older building... ~~ *Evan- Hide quoted text - - Show quoted text - I want it fixed right the right way so there are no issues when its 95-100 outside with 90% humidity, Its a 14 unit with 4 badly affected by smoke, only one burnt, 2 hallways, and 4 that have had smoke on walls and its inside the walls opened up, I get code upgrade on the insurance and have a fire restoration co. Im wondering if smoke that traveled in the floors and walls will affect more than I can see or smell now, since now the heat is off and its maybe 45f inside. 4 units are still rented but one tenant moved *from the as she said smoke smell was comming up through the radiator pipe openings, [what going to happen when its 90f- 100f and 90% humidity? I see what you are saying and agree, its a real mess, I had someone just walk through yesterday and they got a headache and said they never get headaches, its from the smoke smell. *Floors are oak, and vinyl in kitchens, Can sanding oak cure whats underneath that the smoke went through the ceilings? And will Polyurethane keep out that smoke smell? What I am seeing is that smoke damage is 90% - 95% of the problem and job cost. Yes all that you have said I see as true, what a mess I have alot to learn on my first fire. Its good I have code upgrades so I will be calling the citys inspectors alot to be sure we do it right, but how do you Know, if you open a wall several apartments away and test it with a rubber sponge and its dark, *that smoke that will not smell later comming in the fixtures and outlets etc? How do you test and know when you are ok and to stop? I cant risk loosing tenants because they complain about smoke next year when its 90f outside and the job is closed and finished. What I do now will determine everything of the future. I don't have experience with smoke damaged wood flooring, but I have seen a burnt-out area in a building where I used to work have the concrete floor under the carpeting sandblasted and epoxy painted to seal it in case of some future water issue... What sort of fire alarm system did this building have installed prior to the arson fire incident ? Might be worth some extra money spent on your part to upgrade that even if it wouldn't be covered by anyone as you wouldn't want to have any issues down the road... Without knowing more about the layout of the building and where the fire damage occurred I really can't offer specific advice as to what to do... It all depends on what has to be opened up and where... But realistically like I said before, you will probably never be in a position to open up everything ever again unless another fire happens... This is the time to do any upgrades you ever fantasized about doing as there will never be a better time... As to the tenants you have remaining in the building, have you considered offering them reduced rental rates until the damages can be repaired -- some rental revenue is better than none if they decide to leave... Also setting up plastic containment areas and a "sally port" between the occupied area and the damaged area in any common access hallways then scrubbing down the occupied areas even though they don't appear to be dirty would help any odors dissipate faster... Do not allow any workers or people coming to examine the fire scene to use the same entrance to the building as the remaining occupants, they will track the dirt and odor into the area where people have to live -- use another entry even if it is inconvenient to access (such as having to go downstairs to access a basement door and come back up through the building where it would have been much shorter to come in directly through the front door)... I don't know what your situation is tenant wise, a lot of people who have the means to move after a fire do so because of the hassles of having to live elsewhere during the rebuilding phase and a fire loss is one of the things in most leases that can allow a tenant to break the lease without paying any penalty or rent after the date of the fire, so many apartment renters will do just that and only deal with moving once... ~~ Evan |
#43
Posted to alt.home.repair
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Apartment building fire
On Apr 1, 10:04*pm, "Robert Green" wrote:
"ransley" wrote in message news:d170b4dc-f844-4c33-b149- stuff snipped Gang related, a gasolene bomb, and they went for the wrong guy the cops said. So it spread real fast at 330 am on the coldest night of the year, near 0. 47 doors and windows the fire dept busted out, Yeow! *Is this California? *No wait, not at 0 degrees. *California is what I think when I hear the words "gang related" although I realize gangs are everywhere these days. *I read some Mexican gang has a nationwide dialup & deliver heroin franchise and that they solict new customers in the parking lots of drug rehab clinics. *They use beater cars and burner phones and never carry more than one delivery at a time. *Even when they catch them, they can't make trafficking stick because of the small amounts. *Forfeiting a beater Cheby and a $10 throw-away phone is not much of a penalty. *When they do manage to get themselves jailed, they recruit new members for their crew. Sorry about your loss. *You can do everything right and still get nailed. Who said there's no such that as luck? *There's definitely good AND bad luck! * I went through a subzero fire. *What the fire didn't burn, the fireman chopped, drowned and froze. *But this was a rowhouse and I understand the need to keep fires contained quickly, especially on windy nights, before they spread to other houses. *I've known of whole blocks of rowhouses that went up in flames from a single ignition point. *When it was all over it started snowing. *It's an eerie feeling watching moonlit snowflakes falling into what's left of your living room. *)-: -- Bobby G. Yes gangs, in Chicago, just a few can ruin a neighborhood, or whole town or maybe our country. They sure are ruining their home country Mexico. |
#44
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Apartment building fire
On Apr 1, 10:53*pm, Oren wrote:
On Fri, 1 Apr 2011 23:04:40 -0400, "Robert Green" wrote: "gang related" although I realize gangs are everywhere these days. * http://i749.photobucket.com/albums/xx134/artuis/inmigrants.jpg I could not open it |
#45
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Apartment building fire
On Apr 2, 3:20*am, Evan wrote:
On Apr 1, 3:25*pm, ransley wrote: On Mar 31, 8:57*am, "John Grabowski" wrote: * I had an apartment building fire with extensive smoke damage affecting many apartments with smoke damage only. I have been told by many contractors that when it is near 90f outside and humid the smoke smell will re occur if it is not removed now. *It can get to 100f, 85% humidity here, and there is no central air so I have prime weather for re activating the dormant smoke smell. I have been told the high heat periods are when the tenants will complain and move. *My question is *does smoke that travels through the walls come back into the next apartments through the openings, and outlets , walls? Do any of you have direct fire , smoke damage experiance, *and have any ideas on *to how far a rebuild has to go? *Are there any Fire Pro guys out there? . The job keeps looking worse! *The short answer is yes. *Smoke will travel through all penetrations and openings. * Many many years ago I did a short stint with an electrical contractor who specialized in insurance work. *It was almost all fire jobs and I think that smell still lingers in my nose. *The good news is that after a complete cleanup and everything is replaced or sealed, you would never know that a fire took place. *I don't know how you would get the smell out of insulation except for replacement. *Wood and drywall can be painted, but even the wall switches and electrical outlets will smell of smoke.. *I'm thinking that you would need to open up one side of a wall, remove and dispose of the insulation, paint the inside of the wall studs and drywall, install new insulation and close up the one side with new drywall. In the meantime, I know it's cold outside, but open the windows a little and start airing the place out. *It will be better to work in if some of the smell is gone. *I dont want the insurance co to cut me short!! *Does anyone have actual fire- apartment- smoke - experiance here, With the building open now, it will be July 2012 before I know if this years work was enough to combat the smoke damage.- Hide quoted text - - Show quoted text - But if it comes through all openings like switches, sockets, fixtures, then what you are saying is the wall has to be opened up, so then the studs can be sealed with primer. its basicly gut everything where there is smoke inside walls? Ransley if this is such a concern, and you have that much air movement inside the walls of your building, open up the bottom 6" to 8" of wall around the perimeter of every room and firestop every penetration no matter how small with the intumescent goop around every wire and pipe... If no air can move through the walls no odors can move either... The only concern I would have would be how raunchy things would get if you had some sort of a leak in one of the smoke damaged units down the line and you hadn't gutted and encapsulated the non-damaged non-removable structural elements that have smoke smell in them now... ~~ Evan- Hide quoted text - - Show quoted text - And the pipes are from 1922. I guess a roof leak might do the same. This whole problem is overwhelming. |
#46
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Apartment building fire
On Apr 2, 3:21*am, Evan wrote:
On Apr 1, 3:27*pm, ransley wrote: On Mar 31, 9:19*am, bob haller wrote: Document continiously all work done, even though insurance company will be doing perodic inspections. Insurance....... hey prove you insulated those walls Sure heres a before and after photo with signs in photos identifying locations With walls open its time to make all upgrades, since you can get more rent for a modern good looking apartment, and better tenants *low lives wouldnt want to pay more and go elsewhere I agree , but all the apartments were redone in 07 to like new, so its really a pain in the ass this job. Define "re-done"... Gutted to the studs and rebuilt out ? Refinished floors, painted walls, redid kitchens ? ~~ Evan- Hide quoted text - - Show quoted text - Just a complete remodel in 07, complete kitchens, baths, some bath walls, tubs, sand wood floors, new kitchen floors, new dual pane windows, some new doors, new fixtures. |
#47
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Apartment building fire
On Apr 2, 3:41*am, Evan wrote:
On Apr 1, 6:22*pm, ransley wrote: On Apr 1, 4:48*pm, Oren wrote: On Fri, 1 Apr 2011 12:27:29 -0700 (PDT), ransley wrote: On Mar 31, 9:19*am, bob haller wrote: Document continiously all work done, even though insurance company will be doing perodic inspections. Insurance....... hey prove you insulated those walls Sure heres a before and after photo with signs in photos identifying locations With walls open its time to make all upgrades, since you can get more rent for a modern good looking apartment, and better tenants *low lives wouldnt want to pay more and go elsewhere I agree , but all the apartments were redone in 07 to like new, so its really a pain in the ass this job. What caused the fire? Appliances? If a faulty appliance caused the fire, well, there are lawyers chomping at the bit. Short wiki: "Subrogation in its most common usage refers to circumstances in which an insurance company tries to recoup expenses for a claim it paid out when another party should have been responsible for paying at least a portion of that claim."- Hide quoted text - - Show quoted text - Gang related, a gasolene bomb, and they went for the wrong guy the cops said. So it spread real fast at 330 am on the coldest night of the year, near 0. 47 doors and windows the fire dept busted out, The windows I understand, as the fire department needs to vent the heat and smoke before they clear the scene to make sure that the fire is actually put out and won't flashover again after they leave... But the doors ? *Did this building not have a knox lockbox for keys ? Seems like something you would want to look into... ~~ Evan- Hide quoted text - - Show quoted text - They just used the ax on everything, its more fun I guess. And all the tenants were home, alarms were blaring, but they busted the front and rear apartment doors, |
#48
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Apartment building fire
"Oren" wrote in message
... On Fri, 1 Apr 2011 23:04:40 -0400, "Robert Green" wrote: "gang related" although I realize gangs are everywhere these days. http://i749.photobucket.com/albums/xx134/artuis/inmigrants.jpg Sick but very funny. Going into the collection with the hyena on a rope leash with a African warrior dressed in tartan plaid. http://www.hemmy.net/images/animals/hyenapet02.jpg -- Bobby G. |
#49
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Apartment building fire
On Apr 2, 9:20*am, ransley wrote:
On Apr 2, 3:41*am, Evan wrote: On Apr 1, 6:22*pm, ransley wrote: On Apr 1, 4:48*pm, Oren wrote: On Fri, 1 Apr 2011 12:27:29 -0700 (PDT), ransley wrote: On Mar 31, 9:19*am, bob haller wrote: Document continiously all work done, even though insurance company will be doing perodic inspections. Insurance....... hey prove you insulated those walls Sure heres a before and after photo with signs in photos identifying locations With walls open its time to make all upgrades, since you can get more rent for a modern good looking apartment, and better tenants *low lives wouldnt want to pay more and go elsewhere I agree , but all the apartments were redone in 07 to like new, so its really a pain in the ass this job. What caused the fire? Appliances? If a faulty appliance caused the fire, well, there are lawyers chomping at the bit. Short wiki: "Subrogation in its most common usage refers to circumstances in which an insurance company tries to recoup expenses for a claim it paid out when another party should have been responsible for paying at least a portion of that claim."- Hide quoted text - - Show quoted text - Gang related, a gasolene bomb, and they went for the wrong guy the cops said. So it spread real fast at 330 am on the coldest night of the year, near 0. 47 doors and windows the fire dept busted out, The windows I understand, as the fire department needs to vent the heat and smoke before they clear the scene to make sure that the fire is actually put out and won't flashover again after they leave... But the doors ? *Did this building not have a knox lockbox for keys ? Seems like something you would want to look into... ~~ Evan- Hide quoted text - - Show quoted text - They just used the ax on everything, its more fun I guess. And all the tenants were home, alarms were blaring, but they busted the front and rear apartment doors, Tenants being home means nothing, some doors will lock behind a person leaving requiring a key to enter... When people are running for their lives they don't stop to collect their keys... Fire Departments HATE to use force to gain entry... Think of it this way -- every door that has to be forced open in non-lifesaving situation is a potential for an on-duty accident and disability, that is a large risk exposure for routine entry scenarios... They would rather use a set of keys reserved for their exclusive use secured on the premises in a knox system keybox... It sounds as if your building doesn't have one... You should talk to the people in the fire prevention office/inspection office with the Fire Department about installing one... A few hundred dollars now is worth not having to spend that each time a door must be opened and you or your tenants aren't at home to unlock a door... ~~ Evan |
#50
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Apartment building fire
On Apr 2, 9:17*am, ransley wrote:
On Apr 2, 3:21*am, Evan wrote: On Apr 1, 3:27*pm, ransley wrote: On Mar 31, 9:19*am, bob haller wrote: Document continiously all work done, even though insurance company will be doing perodic inspections. Insurance....... hey prove you insulated those walls Sure heres a before and after photo with signs in photos identifying locations With walls open its time to make all upgrades, since you can get more rent for a modern good looking apartment, and better tenants *low lives wouldnt want to pay more and go elsewhere I agree , but all the apartments were redone in 07 to like new, so its really a pain in the ass this job. Define "re-done"... Gutted to the studs and rebuilt out ? Refinished floors, painted walls, redid kitchens ? ~~ Evan- Hide quoted text - - Show quoted text - Just a complete remodel in 07, complete kitchens, baths, some bath walls, tubs, sand wood floors, new kitchen floors, new dual pane windows, some new doors, new fixtures. As much work as you did then it was all surface work except for the new kitchens, fixtures and windows... A lot of value added exists inside the walls with plumbing and wiring and having modern facilities for the tenants to access cable and internet services... ~~ Evan |
#51
Posted to alt.home.repair
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Apartment building fire
"ransley" wrote in message
... On Apr 1, 10:53 pm, Oren wrote: On Fri, 1 Apr 2011 23:04:40 -0400, "Robert Green" wrote: "gang related" although I realize gangs are everywhere these days. http://i749.photobucket.com/albums/xx134/artuis/inmigrants.jpg I could not open it The hyena pic (just search Google images for "hyena on a rope") - I just tried the above link and it works fine. As for the other, try the site below - a very similar photo http://laughmaine.com/blog/wp-conten...trolagents.jpg -- Bobby G. |
#52
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Apartment building fire
"ransley" wrote in message
... On Apr 1, 10:04 pm, "Robert Green" wrote: "ransley" wrote in message news:d170b4dc-f844-4c33-b149- stuff snipped Gang related, a gasolene bomb, and they went for the wrong guy the cops said. So it spread real fast at 330 am on the coldest night of the year, near 0. 47 doors and windows the fire dept busted out, Yeow! Is this California? No wait, not at 0 degrees. California is what I think when I hear the words "gang related" although I realize gangs are everywhere these days. I read some Mexican gang has a nationwide dialup & deliver heroin franchise and that they solict new customers in the parking lots of drug rehab clinics. They use beater cars and burner phones and never carry more than one delivery at a time. Even when they catch them, they can't make trafficking stick because of the small amounts. Forfeiting a beater Cheby and a $10 throw-away phone is not much of a penalty. When they do manage to get themselves jailed, they recruit new members for their crew. Sorry about your loss. You can do everything right and still get nailed. Who said there's no such that as luck? There's definitely good AND bad luck! I went through a subzero fire. What the fire didn't burn, the fireman chopped, drowned and froze. But this was a rowhouse and I understand the need to keep fires contained quickly, especially on windy nights, before they spread to other houses. I've known of whole blocks of rowhouses that went up in flames from a single ignition point. When it was all over it started snowing. It's an eerie feeling watching moonlit snowflakes falling into what's left of your living room. )-: -- Bobby G. Yes gangs, in Chicago, just a few can ruin a neighborhood, or whole town or maybe our country. They sure are ruining their home country Mexico. Got 'em here in DC. Won't even type their name as they seem to ego surf for bad publicity. (-: I feel like I know Chicagoland because WGN is one of the few channels left on my Comcast Basic Cable Screwjob. I've also been watching the Chicago Code on TV. Pretty entertaining. Lots of scenes filmed in and around town. Lived in Buffalo for a while, so I know about lake effect snow, too. There were ropes rigged alongside all the building pathways at U of B because the wind and snow and ice got so bad in the winter. I remember pulling myself along to reach an 8AM chem class thinking "I thought I was going to college, not climbing Mt. Everest with a load of textbooks!" We had a great anti-gang task force but that got defunded just in time for what I predict will be a rise in criminal activity due to the economy. It's just part of the great boom/bust cycle. -- Bobby G. |
#53
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Apartment building fire
On 4/2/2011 9:11 AM, ransley wrote:
On Apr 1, 10:04 pm, "Robert wrote: wrote in message news:d170b4dc-f844-4c33-b149- stuff snipped Gang related, a gasolene bomb, and they went for the wrong guy the cops said. So it spread real fast at 330 am on the coldest night of the year, near 0. 47 doors and windows the fire dept busted out, Yeow! Is this California? No wait, not at 0 degrees. California is what I think when I hear the words "gang related" although I realize gangs are everywhere these days. I read some Mexican gang has a nationwide dialup& deliver heroin franchise and that they solict new customers in the parking lots of drug rehab clinics. They use beater cars and burner phones and never carry more than one delivery at a time. Even when they catch them, they can't make trafficking stick because of the small amounts. Forfeiting a beater Cheby and a $10 throw-away phone is not much of a penalty. When they do manage to get themselves jailed, they recruit new members for their crew. Sorry about your loss. You can do everything right and still get nailed. Who said there's no such that as luck? There's definitely good AND bad luck! I went through a subzero fire. What the fire didn't burn, the fireman chopped, drowned and froze. But this was a rowhouse and I understand the need to keep fires contained quickly, especially on windy nights, before they spread to other houses. I've known of whole blocks of rowhouses that went up in flames from a single ignition point. When it was all over it started snowing. It's an eerie feeling watching moonlit snowflakes falling into what's left of your living room. )-: -- Bobby G. Yes gangs, in Chicago, just a few can ruin a neighborhood, or whole town or maybe our country. They sure are ruining their home country Mexico. I think you'll find most of the younger ones are born here. So they are your fellow citizens, like it or not. Not many teenagers make the Long Walk. -- aem sends... |
#54
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Apartment building fire
just for sport
A landlord with a aged buildng has K&T, which somehow causes the fire. Would the landlord by having K&T be somehow on the hook for possesions damaged by a electrical fire?- |
#55
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Apartment building fire
On Sat, 2 Apr 2011 15:49:29 -0400, "Robert Green"
wrote: "ransley" wrote in message ... On Apr 1, 10:53 pm, Oren wrote: On Fri, 1 Apr 2011 23:04:40 -0400, "Robert Green" wrote: "gang related" although I realize gangs are everywhere these days. http://i749.photobucket.com/albums/xx134/artuis/inmigrants.jpg I could not open it The hyena pic (just search Google images for "hyena on a rope") - I just tried the above link and it works fine. As for the other, try the site below - a very similar photo http://laughmaine.com/blog/wp-conten...trolagents.jpg LOL. Not just very similar, but another picture of the very same thing. |
#56
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Apartment building fire
On Sat, 2 Apr 2011 01:38:28 -0700 (PDT), Evan
wrote: On Apr 1, 5:37*pm, mm wrote: On Fri, 01 Apr 2011 07:20:49 -0700, Smitty Two wrote: In article , mm wrote: On Thu, 31 Mar 2011 00:21:07 -0700 (PDT), Evan wrote: Tenants are responsible for insuring the contents of their units (their furniture, clothing, small appliances, etc.) which are not provided by the landlord... It depends on whose fault the fire was. *I doubt it was the fault of all the tenants or a group of them. *More likely one of them, or lightning, or much to the disgrace of this newsgroup, possibly Mr. ransley. I'm with Evan here, tenants are responsible for insuring their own stuff. This is so well-established It's well established that a tenant should have insurance. *If he wants to be sure to be reimbursed, but that doesn't mean the landlord can't be liable. * A tenant needs insurance because *A) The tenant himself may start the fire, so of course the LL won't pay. *B) The landlord probably owns the building through a corporation that owns only this one building, so with a big enough fire, the corporation may go bankrupt, etc. *C) If a neighbor starts the fire, he may skip or have no assets. that short of the landlord being caught intentionally torching the place I doubt that a tenant or his insurance company would ever win a suit against anyone else for loss of personal possessions. You're way off base. * If the landlord's intentional act OR negligence causes the fire, the LL has to pay. * I'm not talking about where a repair is needed in an apartment and the tenant doesn't notify the ll, or doesn't let him know it's gotten worse, or doesn't stop using something where using it creates a bigger risk. *In that case, the tenant may be all or partly liable for the damage to his apartment and its contents (and the rest of the building), and the LL will likely rely on his own insurance for repairs to the building. But in a suit by a different tenant who also had fire or water damage, both a negligent tenant and a less negligent landlord can be held liable, either proprotionally or jointly, depending on the US state one lives in. * * But fires start in the hall and common areas, in the landlord, super, or janitor's apartment, or in the basement, and if it's the LL's negligence or attributed to him, he owe tenants for their possesssions, and if they have to move out, may well owe them if their rent at another location is more than their rent under the lease. BTW, some tenants have money; some are rich. Most apartment buildings in NYC are cooperatives now, but I'd be surprised if was every single one of them was. *Some tenants have enough money to make it worth suing them, by the LL and by the neighbors. *Of course most of these people aren't jackasses and don't start fires, but accidents happen. And come to think iof it, even if it is a co-op or a condo, the co-op or condo will sue the resident and/or owner who starts a fire, and so will his injured neighbors. * Let's address your inept reply: Let's address your mistaken reply. :-) A tenant can try to sue someone for such things, but unless they can obtain really good absolute proof that such and such is responsible for starting the fire through an intentional act, good Are you not aware of the concept of negligence? Are you not aware of the standard of proof necessary in a civil suit, a preponderance of the evidence. No plaintiff needs absolute proof, let alone "really good absolute proof". Someone may have discouraged a suit with these claims, but he was mistaken or he was bluffing. Many fire scenes are inspected by fire marshals, so let's consider those, For any fire where the fire marshall makes out a report and makes a finding that the cause of the fire was the landlord or another tenant, that in itself is enough proof for a prima facie case. The respondent may bring forth evidence that the fire marshall didn't consider. I don't know and it may vary, if the fire marshall reviews the maintenance records of the landlord, or if he just says the fire was caused by the furnace, and leaves it up to others to decide if the furnace was adequately maintained. But a prima facie case is the one made out by plaintiffs before a respondent puts on a defense. luck getting any money -- that is what insurance is for and why a mature adult would have it... It's only a part of what insurance is for and why people have it. As I explained in my previous post and in more detail in my other post today. What part of "landlord is not responsible for the tenant's contents" period are you unable to grasp... I understand that your saying it doesn't make it true. The only way to have the landlord or another tenant be responsible for contents is to have them on video tape or have WITNESSES who saw them start the fire... No offense meant, but that's nonsense. But that would be of little utility when the civil suit comes around "When the civil suit comes around"! My entire previous post was about civil liability and suits which follow from that. (Note how many times I use words like liable (not the word guilty), money, pay, suit, etc.) as they would already be convicted of arson by then and serving a 20/25-ish year sentence... Prisoners don't have many assets... You're jumping to the conclusion that it *was* arson. It's rare that either a landlord or a tenant commits arson to the building he owns or lives in. Negligence is a far more likely cause of just about everything everywhere, from fires to broken bones to car collisions, than is the intent to harm someone or some thing. For that matter, your post too started off about civil suits. Your first words "A tenant can try to sue someone for such things" A fire could start anywhere, the basement, the roof, a stairwell, the front entry door -- for the landlord to have any liability you would have to prove an intentional act of negligence or malfeasance... What do you mean by an "intentional act of negligence"? If someone somehow intends to be negligent, it's worse than simple negligence. Not just that the fire originated in an area that was the responsibility of the landlord... Of course it's not enough for it just to have originated there. I didn't say otherwise**. Are you trying to contradict something I never said? **That's why I used the word "negligence". Now ftr the landlord or his agent could be negligent in one of the tenants' apartments too. He could come in to repair something and negligently start a fire. He'd be liable then too, not just for damages to that tenant's possessions but for any tenant whose possessions were damaged, from the fire or what the fire department did to put the fire out. But that situation is very rare and I left it out to keep the previous post simple. BTW, in a co-op or condo building -- the "apartments" or "units" are separately deeded premises and taxed as such to their individual owners... NOT the same as an apartment building owned by one entity and rented by another... And the douche bags who go nuts and sue for such things often end up surprised that they end up paying part of the settlement to themselves as They may be stupid and surprised sometimes, but most are not -- it's the dumb ones who get noticed -- and if, by actions of an employee of the building, 10 apartments are damaged and 90 aren't, and they win 10 or 100 thousand dollars per damaged apartment in damages and have to pay 1 or 10 of that themselves, they're still going to want that 10 or 100, and sue if they have to to get it, and even if they have to pay 10% of it themselves. they are an owner in the co-op and/or condo and every unit gets special assessed to pay off a special expense... :-O Such things are paid equally by all owners based on the square footage of space owned... Of course. See just above. Right, but in a co-op or condo, like I stated above the unit occupants have property rights to a portion of the structure which they own unlike rental apartment dwellers... Any damage caused to a co-op or condo common area would be assessed a fee or a fine to repair and if the party who caused such damage doesn't live up to their responsibility, So you think one party can be responsible and forced to pay for damage to the common area. But iiuc, you think he can't be forced to pay for damage to someone else's apartment? Then you are the one who will be surprised. then either a lien on the deed which would need to be paid off first from the proceeds of any sale would be attached, a forcible foreclosure/eviction process begun or a lawsuit to recoup the damages started depending on the decisions of those in charge... ~~ Evan BTW, it was my mistake in the previous post to bring up co-ops and condos. They're really the same as any other apartment building in a case like this, at least in terms of who will claim against and sue whom. The only difference is who owns the property or who owns the common areas, but that won't change who sues. Also my suggestion that the LL owns the building through a corporation doesn't help the landlord if he himself was the negligent party. Say he lives there, or was visiting. He would have opportunities to cause the fire himself. OTOH, his super or janitor probably works for the corporation, and their acts can be attributed to the corp. but likely not the owners of the corp. OT3H, there is a concept called piercing the corporate veil. Checking a couple links, I can't find evidence this has been applied to this kind of negligence case, but IANAL, and if I had substantial losses that my insurance didn't cover, I'd look into it. http://en.wikipedia.org/wiki/Piercin...corporate_veil I'd talk to a lawyer in my own state. None of this helps or even relates to ransley of course. Sorry, guy. |
#57
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Apartment building fire
"Oren" wrote in message
... On Sat, 2 Apr 2011 09:28:31 -0400, "Robert Green" wrote: "Oren" wrote in message .. . On Fri, 1 Apr 2011 23:04:40 -0400, "Robert Green" wrote: "gang related" although I realize gangs are everywhere these days. http://i749.photobucket.com/albums/xx134/artuis/inmigrants.jpg Sick but very funny. Going into the collection with the hyena on a rope leash with a African warrior dressed in tartan plaid. http://www.hemmy.net/images/animals/hyenapet02.jpg I would hire that guy. A walkin' boss with a big stick. I bet the ammo duct tape / home made muzzle, six links of chain can tame the beast. The guy has a handle on the 'sitchiation'. Look. He still has a chicken ready for harvest. I first saw it listed as an "African Pit Bull" on some animal site along with a flyer from a telephone pole that said "Found - unfriendly cat, no collar, bad teeth" with a picture of a possum. -- Bobby G. -- Bobby G. |
#58
Posted to alt.home.repair
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Apartment building fire
On 4/2/2011 8:28 AM, Robert Green wrote:
wrote in message ... On Fri, 1 Apr 2011 23:04:40 -0400, "Robert Green" wrote: "gang related" although I realize gangs are everywhere these days. http://i749.photobucket.com/albums/xx134/artuis/inmigrants.jpg Sick but very funny. Going into the collection with the hyena on a rope leash with a African warrior dressed in tartan plaid. http://www.hemmy.net/images/animals/hyenapet02.jpg -- Bobby G. There's a group of images of that guy and several others with all sorts of "guard critters". I'll try to recall where they are posted. ^_^ TDD |
#59
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Apartment building fire
Legally anyone can sue anyone for anything.
Frequentky suing someone even if the suit has no merit will get you a offer to settle. Because lawyers can be very expensive. With some iots worth paying just to be rid of it........ Now take a building with electrical problems the building is old and the K&T is overloaded detoriating and the landlord ignores the issue. Say he was informed of bad wiring by a electrician. Theres a fire apartments are damaged, tenants possesions destroyed. I wouldnt blame the tenant for suing and hope they win. Since the landlord was neglient, and probably put lives at risk. |
#60
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Apartment building fire
On Apr 2, 4:38*pm, bob haller wrote:
just for sport A landlord with a aged buildng has K&T, which somehow causes the fire. Would the landlord by having K&T be somehow on the hook for possesions damaged by a electrical fire?- There are codes which must be maintained for rental buildings, you get inspections every few years so K T in a rental in my area is unlikely. Here the inspectors tag you if they see peeling paint, a rusted gutter or anything. |
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