Work at time of fatal Sea Isle City balcony collapse lacked proper permitting

SEA ISLE CITY — Records show the city’s construction office had ordered a halt of work on an oceanfront condominium, citing lack of a permit on Feb. 24, the same day a worker was crushed to death by a falling eighth-floor balcony.

Jose Pereira, 43, was working on a seventh-floor balcony of the South Tower of the Spinnaker Condominiums when the balcony above him fell, crushing him and injuring two workers who’d been working above him, officials have said. The collapse was reported a little after 2 p.m. Feb. 24 and led to an extensive rescue effort and a recovery operation that stretched well into the evening.

Documents obtained through an Open Public Records Act request showed the city’s construction official, Cornelius Byrne, had issued a stop-work order that same day because permits had not been secured for work on the South Tower.

“Failure to comply with this order may result in the assessment of penalties of up to $2,000 per day per violation,” read the order.

Byrne also issued two other notices of an “unsafe structure,” one that required workers to “vacate all cantilever decks (of) the North and South towers,” while a second ordered an engineer’s report of the entire building. Both orders specified that the building and decks be vacated.

City spokesperson Katherine Custer said the notices of an unsafe structure were issued after the balcony collapse as a precaution against any further work, adding the exact extent of the contractor’s project was unclear, as was whether that work needed a permit.

“It was a proactive effort to make sure that the contractor wasn’t going to go work somewhere else on the property,” Custer said.

Custer said it wasn’t clear whether the company was in violation before the collapse.

“It depends what they were doing, whether they needed permits or not,” Custer said. “We’re still waiting to learn exactly what type of work was taking place.”

Custer said the city was awaiting an engineer’s report.

It was unclear whether the orders had been delivered to the condominium or to the contractor, Ferguson Contracting Inc., of Yardley, Pennsylvania, before the balcony collapse.

A building manager at the Spinnaker was not available for comment Tuesday.

Ferguson Contracting Inc. has not returned a call requesting comment.

Three days after the stop-work order and collapse, Byrne wrote a letter Feb. 27 to John Ferguson of Ferguson Contracting notifying him of the notices of violation.

“It has come to my attention that you are doing work without permits at the above referenced property,” Byrne wrote. “You have not submitted an application to this office for a construction permit. Please submit a construction permit for the work that is being done along with two sets of sealed plans.”

The letter informs Ferguson that the company is in violation of working without a valid construction permit but does not reference the fatal collapse, which had occurred three days earlier.

On Tuesday, the South Tower remained closed to residents. Cleanup efforts remain underway, with the end balconies at two units being removed, according to a notice Spinnaker management sent to tenants.

Management is awaiting approval from an engineer as to whether the tower can be reopened.

Pereira was doing concrete work on the outside of the building with two others when the balcony collapsed, the U.S. Occupational Safety and Health Administration said.

Neighbors said they heard a crash followed by screaming when the balcony gave way, falling onto the worker below. The building dates to the 1970s.

City, fire and emergency medical services attempted to reach Pereira but observed significant cracks in the surrounding area and a slope to the balcony, and it was determined the side of the building was unsafe, the city said. At that point, requests were made for additional rescue personnel and equipment, and the building was evacuated.

Rescue efforts stretched into the evening, with crews lighting the fallen balcony with a spotlight before they were able to reach Pereira. He was pronounced dead at 9:52 p.m. before being taken to the Cape May County Medical Examiner’s Office.

OSHA continues to investigate, said spokesperson Leni Forston, who said no other details were available Tuesday because of the ongoing probe.

Fortson previously said Periera was doing exterior concrete work when the accident happened.

The state Bureau of Housing Inspection inspects the property to ensure it poses no risk. The last inspection, which was performed in April 2022, did not find any abnormalities that yielded violations, the state Department of Community Affairs previously said.