Party at Barton Inn violated building code

by Joshua Maloni
Lewiston Porter Sentinel, June 9, 2007

Pictured above, a get-together was held Saturday at the Barton Inn. Proprietors Edward and Diane Finkbeiner held the event despite not having a certificate of occupancy. (submitted photo)

Developer Edward Finkbeiner and his wife, Diane, were served with a notice of violation on Saturday for hosting a get-together at their Barton Inn hotel on the corner of Center and North First streets. More than two-dozen people were seen mingling at the four-story structure, which has not been issued a certificate of occupancy by the Village of Lewiston.

The Finkbeiner’s activity was brought to the attention of Trustee Ken Kenney on Saturday afternoon. He contacted Building Inspector Ken Candella and Village Attorney Paul Grenga, who both came to the Red Brick Municipal Building to assess the situation. Candella filled out a notice of violation and it was delivered to the inn at 4 p.m. by Lewiston police officer Chris Salada.

Candella cited section 110 of the building code – which addresses certificate of occupancy – and section 113, which spells out violations. The code states, “No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein.”

In the letter, Candella wrote, “Having stated the foregoing, you are hereby advised to immediately cease and desist in the use and occupancy of the above referenced premises.”

More than four hours later, at around 8:30 p.m., this picture (above) was taken in front of the Barton Inn. It shows the party still under way.

On Monday, Kenney called for a meeting between trustees and Candella, engineer Richard San Giacomo and Grenga. Deputy Mayor Bill Geiben attended; Mayor Richard Soluri was out of town, and trustees Mike Marra and Terry Collesano were at work. The gathering, which was not open to the public or the press, lasted about one hour.

Though section 113 of the building code states violation penalties can be issued for failure to promptly comply, Geiben said no further action would be taken against the Finkbeiners.

A message left on Diane Finkbeiner’s phone was not returned.

Grenga said the Finkbeiners described the event as a small family function designed to test the kitchen.

Kenney described the activity at the inn as a “blatant enforcement error.” He added, “The building isn’t finished. If it’s family, or whatever, you don’t bring them in there.”

The Sentinel has learned that a second letter was sent to the Finkbeiners from Candella. In that document, according to a source involved with the issue, he writes, “Your continued cooperation speaks well of the future of your project.” He lists a checklist of 26 points, which need to be addressed before the Barton Inn can obtain a certificate of occupancy. Among the items listed: a sprinkler certification, a fire detection system, an elevator compliance certificate, a kitchen/food approval certificate from the Niagara County Health Department, water and sewer line connections, an evacuation plan and ventilation for the parking garage.

That inventory of needs, the source quotes Candella as saying, is “not all-inclusive.” There is also no deadline for compliance.

Candella declined comment on Monday.

On May 21, at the Village Board meeting, Geiben stated trustees wanted final plans and sketches submitted by May 30. The Finkbeiners did not meet that request.

The Lewiston Historical Association has its annual celebration scheduled to take place at the Barton Inn on Thursday, June 21, at 6:30 p.m. Pam Hauth, the organization’s president, confirmed the event on Friday.