A check with the VI Department of Planning and Natural Resources confirms that not one Building Permit Application, not one Electrical Permit Application, and not one Plumbing Permit application has been sought by the Sapphire Bay Condominiums Board, by manager Frank Barry, or by any one of the owners in ten years. We estimate that over 500 structural, electrical, and plumbing projects have been perform at SBCW without the permits which are required by the law of the Virgin Islands. According to the National Building Code, which is incorporated into the VI Building Law by reference, any facility which is altered without the legally required permits and inspections is UNSAFE. All of the apartment units at SBCW have been modified without the legally required permits and inspections. All the apartments at SBCW are UNSAFE. Because of the lack of legally required building, electrical, and plumbing permits and inspections. It is likely that all homeowner's insurance policies at SBCW are invalid. The Board of SBCW and Frank Barry have operated as a building contractor -- without license -- required by law. They have hired unlicensed electrician for years to perform electrical work which required a licensed electrician. The Board of SBCW and Frank Barry knew or should have known that they were performing criminal acts by not applying for building, electrical, and plumbing permits. By their criminal acts, all owners of SBCW are exposed to Unsafe conditions and substantial and totally unnecessary insurance risks. No CZM Permit -- Fine of $10,000/Day for Ten Years SBCW has not filed for or received a Coastal Zone Management Permit. This delinquency has existed for more than 10 years. The VI Code places a fine for such a delinquency at "not less than $1,000 nor more than $10,000 per day for each day during which such violation occurs." --(T.12 Section 913, VI Code) |
Unsafe Electrical Service of Most Sapphire Bay Coindominiums West Apartments!
How Could Such Wholesale Law Breaking Take Place at SBCW for So Long? It is certain that Frank Barry knowingly broke the law for over a decade. Unlicensed contractors, no building permits, no inspections. There is strong indication that the entire Board of SBCW also was in on it. First, this story broke in April, 2004 -- Why wasn't Frank Barry Fired by the Board? Why didn't the Board tell the Owners about the serious problem? In early June, 2004, the Board still hasn't told the owners. At the March 17, 2004 SBCW Board meeting, Owner Geri Gilbertie asked about permits. The question was side stepped by the Board -- it was obvious the Board members didn't want to talk about Permits. The Minutes for the meeting say: Manager, Frank Barry was quoted as saying: "With major renovations Permits, Inspections, and Insurance are required". Frank Barry knew, but omitted saying, that not one permit, not one Inspection had been obtained for major or minor renovations for over a Decade. The violations are so serious that those responisible could, and we believe should, go to jail. The fact that Frank Barry was not fired ac soon as these violations were known would indicate that the Board of Directors of SBCW were in on the crimes. Since many, if not all, of the SBCW apartment units are without required permits, inspections, and Certificates of Occupancy, by law, the Deapartment of Planning and Natural Resources should deny access to the apartments until permits, inspections, and Certificates of Occupancy are secured -- could take months. |
Criminal Violations of Staircase Installations by SBCW Board and Frank Barry
Within the last three years, all of the Staircases at SBCW have been replaced -- Illegally. Structural Drawings were not obtained, building permits were not applied for and obtained, inspections required by law were not obtained. By law, these staircases are UNSAFE. In addition, many of the staircases, like the one above, have concrete steps at the bottom which do not conform to the law. These staircases are unsafe, and uninsured.
The Dollar Value of these Staircases Triggered the Need for CZM Permit Filing, no permit was applied for.
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Criminal Violations of AC Unit Installations by SBCW Board and Frank Barry
Over the last ten years, all of the AC units from the roofs have been reinstalled on the ground next to the buildings -- Illegally. Structural Drawings were not obtained, building permits were not applied for and obtained, inspections required by law were not obtained. By law, these AC Units are UNSAFE.
The Dollar Value of these AC Units Triggered the Need for CZM Permit Filing, no permit was applied for.
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Electrical upgrades have been performed to over ninety (90) apartment units at Sapphire Bay Condominiums West. This extensive upgrade was completed over the last 10 years. The work was performed by Rupert Burt, (the unlicensed electrician who does most, if not all, the electrical work at Sapphire Bay Condominiums West). Permits were not applied for; inspections by building inspectors were not performed.
The work in each unit included the following: 1) Moving the electrical circuit breaker boxes from inside the closet opposite the kitchen to the wall in the living room near the kitchen. 2) New circuit breakers and circuit breaker box installed. 3) Higher ampere service with all new electrical wire from the WAPA electrical panel. All of this work required electrical permits (over 90 permits). No permits were secured. The entire Board of Directors of Sapphire Bay Condominiums West knew about the project. Condo manager Frank Barry hired and supervised Rupert Burt to do the work on behalf of the owners. Rupert Burt was not then, and is not now, a licensed electrician.
Since the electric service was not installed in accordance with the law (no licensed electrician, no electrical permit, no electrical inspection), according to the National Building Code, which is incorporated into the VI Law, such installations are unsafe. Because the electric service was installed outside of the law, 90 apartments are unsafe, and the insurance for 90 apartments is likely to be inoperative. Because the electrical installation is unsafe, the market value of each apartment at Sapphire Bay Condominiums West is likely to be depressed. All apartment owners should be notified of this permit violation and safety problem.
Frank Barry and Rupert Burt Breaking the Law at SBCW, After VI Building Inspector Stop the C-11 Job
The car at the left belongs to Rupert Burt, the unlicensed electrician who has performed much, if not all, of the illegal electrical installations at SBCW. In this picture, his car and Frank Barry's golf cart are parked behind apartment C-11. Frank is functioning as a Construction Contractor -- without license to do so, so he is breaking the law. Rupert Burt is performing electrical work, which requires a licensed electrician. He is also not licensed.
After this picture was taken, The VI Department of Planning and Natural Resources put a stop to this job for operating without licenses and operating without permits.
One week after this job was stopped, Rupert Burt was seen on the property doing electrical work at another apartment.
The bottom picture
of the same Rupert car was taken on June 8, 2004, 
again behind Apartment
C-11. Is he doing electrical work without license and without permits?
It will probably be 4 months until C-11 work can be started again after
permits are applied for and obtained.
The man going into the back door of C-11 is the painting contractor for the painting of the fences behind the SBCW units. He stores supplies in C-11. C-11 has become storage room and hang-out for SBCW employees and contractors who have nothing else to do.
