Training is underway in some cities in northeast Ohio as
officials and firefighters prepare for the changes related to the state’s new
law banning the use of plywood to board up some vacant and abandoned residential
properties in foreclosure.
The new law took effect in early April and is part
of House Bill 463, which revamped the residential foreclosure process,
including allowing a mortgagee to file a motion with the court to speed up the
procedure on the basis that the property is vacant and abandoned. Irving
Sugerman, a partner at Brouse McDowell and law director for several townships
and villages, said the law pertains to properties in which the mortgagee has
been granted the right to expedite the foreclosure. Under Sec. 2308.02 of the
new law “a mortgagee who files a foreclosure action on a residential property
may file a motion with the court to proceed in an expedited manner under this
section on the basis that the property is vacant and abandoned.” Sec. 2308.031
states, “No person shall use plywood to secure real property that is deemed
vacant and abandoned under section 2308.02 of the Revised Code.” Ohio is the
first state in the country to enact such a ban. Sugerman said the new rule is
intended to help eliminate blight. “The new law replaces plywood with clear
polycarbonate, which is the same material used to make airline windows,” said
Sugerman. “It is a lot less unsightly than plywood and since it’s clear and
easy to see through it may deter squatters and vandalism. It also allows
firefighters to see into the building easier to determine if anyone needs to be
rescued. “However, there are downsides to the law,” said Sugerman. “It will
take our fire personnel longer to get inside the buildings since it is
necessary to cut through the material, rather than just using an ax to gain
entry. Saving lives can come down to a matter of minutes. And there is an
incremental cost to the departments to purchase the circular saw blades
required.” Polycarbonate is much more expensive than plywood, which can
increase the cost of boarding up a property substantially, said Sugerman. “Since
the law only recently took effect, we are not sure how many of these
foreclosures there will be so it’s difficult to judge the potential financial
burden,” said Sugerman. Akron fire Lt. Sierjie Lash said firefighters have
already undergone training on how to quickly gain entry into vacant buildings
boarded up with polycarbonate. The training was posted on YouTube in January. “The
YouTube training was done with several Akron Fire Department companies or
groups assigned to a fire truck,” said Lash. “For anyone that may not have been
able to participate in the training, it was recorded and posted. “The new
material makes it more difficult for us to get into the structure and it may
take a little longer,” said Lash. “The plywood is usually stapled or nailed to
the building and we can use prying tools to get it off quickly. “However, to
remove the polycarbonate we need additional tools so we are training our
firefighters on what they need to do in cases where this material is used.” Lash
said while the new material is clear, it doesn’t always provide a full picture
as to what is going on inside the structure. “It’s still possible that our view
could be obscured by furniture or other items in the home so we would still
need to use forcible entry in order to determine if anyone is inside,” Lash
said. Over at the Youngstown Fire Department, Battalion Chief John Lightly said
he expects to hold a training session in the next month or two on how to gain
entry into vacant homes boarded up with polycarbonate. “I am confident we’ll be
able to handle things,” said Lightly. “I have already spoken to 75 percent of
the companies on my shift about the new material, but I will do a formal
training session for the whole department soon. “The main thing will be
identifying the properties quickly since we can’t just use an ax on them. Many
firefighters are used to grabbing an ax to defeat the plywood. “We will need to
be more cognizant that the structure could involve polycarbonate,” he said. “We
usually have three to five saws at every fire so we are equipped to break into
structures that have this material.” Youngstown Mayor John A. McNally said he
doesn’t expect the new law to have a major impact on the city. “We have 2,500
to 3,000 vacant and abandoned properties in the city already that have occurred
over the last five to 15 years,” said McNally. “These properties will not be
re-boarded as the law is not retroactive. “I don’t expect that there will be
that many expedited foreclosures under the new process, so the effect will be
minimal.” Last year the mayor said 517 structures were demolished and he
expects to take down another 520 this year. “From our perspective, the
arguments for using polycarbonate don’t make a lot of sense,” said McNally. “In
Youngstown, foreclosures are not the major issue. We are dealing with long-term
abandonment of properties. “We can board up a house much cheaper with plywood
than possibly paying $1,500 to use the new material,” said McNally. “We already
spend about $30,000 per year for the board up work we do. We contract with the
Youngstown Neighborhood Development Corporation.” The mayor said he’s also not
convinced that using the new material will help officials to spot squatters any
quicker. “It’s very easy to spot when the plywood has been popped off, which is
a common occurrence in Youngstown,” said McNally.
To read the full story from the Akron Legal News, click here.
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