The warehouse where firefighter Daniel Capuano suffered a fatal fall Dec. 14 will be demolished, attorneys for the building owner and the city told a judge Wednesday at a court hearing. And now the city wants the adjacent building torn down after inspectors said they uncovered safety problems next door.
Owners of the building where the firefighter died agreed to demolish the building at 9213 S. Baltimore Ave. The city filed an emergency motion to raze the warehouse one day after Capuano plummeted down an unprotected elevator shaft while fighting a small but smoky fire.
City building department officials said the building's owner did not have proper work permits and the removal of the elevator was unauthorized.
"It's a matter of doing what's right," said attorney Patrick Cummings, who represents building owner Anilroshi. "My client continues to be concerned about this tragedy."
The owners, whom Cummings did not name, will pay for the demolition. Records show Jatin Patel manages Anilroshi. Patel was not in court Wednesday.
But before the Anilroshi building is razed, concerns about the property next door must be addressed, said Kimberly Roberts, a city attorney.
Fire and city health inspectors on Wednesday discovered 1,500 pounds of improperly stored ammonia at 9227-29 S. Baltimore Ave., a food packing plant that shares a wall with the building where Capuano suffered his fatal fall. Operations at that company were shut down Wednesday, Roberts said. A man who answered the phone there said no one was able to comment on the situation.
The city plans to file an emergency motion for demolition of the neighboring property next week, Roberts said. The city hopes to have both buildings demolished at the same time. The timeline for demolition is unknown.
It was also unclear if hazardous openings such as the one where Capuano fell have been covered inside the Anilroshi warehouse. City inspectors have not confirmed the coverings, the court hearing revealed. The openings were left undisturbed for several weeks while teams of investigators, including those for an insurance company and the attorney for Capuano's family, videotaped and photographed the scene.
"I'm disappointed that the city didn't get someone over there," Cook County Associate Judge Pamela Hughes Gillespie said. "None of us here know for sure that those holes have been covered. ... It's important to get that done."
Inspectors are scheduled to return to the property Thursday morning.
Capuano's wife, Julie, has filed a wrongful death lawsuit, alleging the building owner was negligent because the building had an open elevator shaft, gaping holes in the floor and no permits for major work at the warehouse, in violation of Occupational Safety and Health Administration and city standards.
Capuano, 43, was the father of three, a 15-year member of the Chicago Fire Department and a part-time firefighter in Evergreen Park for more than 16 years.
A structural engineer told the judge that the Anilroshi building is structurally sound and is not in danger of collapse. Cummings said the owners will begin the demolition permit process, but that razing the building will be complicated because the property backs up to the Metra Electric 93rd Street station.
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