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Dorchester Home, Day Care Condemned For Violations

BOSTON (CBS) - Boston Inspectional Services condemned a Dorchester home connected to the recent death of a toddler on Thursday.

Gabriel Josh-Cazir Pierre, a 17-month-old boy, died Monday after being left outside that day care center in a van for several hours in the sweltering heat. Luis Matos was supposed to drive the boy to another day care center in Dorchester.

The decision to condemn the home was made at a hearing about the housing violations at 18 Floyd Street, a three-family home that also was used to house a day care facility.

WBZ NewsRadio 1030's Mark Katic reports.

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There were no smoke alarms or carbon dioxide detectors in the basement or first and second floors. There was also a broken window, illegal electrical wiring, no certificate of inspection and poor lighting in hallways.

WBZ-TV's Bill Shields reports.

Gloria Feliz owns the home and day care and her attorney, Isaac Peres, said all issues will be fixed.

"The property's in very good shape. It's a very well-run day care center. There were a few T's that haven't been crossed over the years, a few I's that hadn't been dotted. We're gonna take care of that and get the center reopened," said Peres.

Feliz does not have zoning approval for day care in their basement. In fact, they tried once to get the zoning in 2006, were rejected, did illegal work on the basement and tried to get approval again and were rejected a second time.

Yet, Gloria Feliz got a state license to run a home day care service. How? Inspectional Services Assistant Commissioner Darrel Smith said the state doesn't check with cities or towns to see if the facilities are up to code.

Read: Gov. Patrick: 'Profound Lack Of Responsibility' In Day Care Van Death

"As far as we were concerned, they were utilizing the basement, the facility improperly because they didn't have the permits to actually extend any living space or even run the day care out of there," said Smith.

"So what happens is the state gives the OK to have a certain amount of youth for home day care. If they want to have a part of the facility that is not legal to occupy people, then you can come to ISD and get the permits so that you could have the proper occupancy. In this case, they didn't do that."

Smith promised that Inspectional Services will meet with state officials.

"Should it change? I don't know that. We'd have to sit down, as we are gonna sit down with the state and try to review it and try to see how we can strengthen it," said Smith.

For now, Feliz will begin repairs as police and the state continue their investigations.

GABRIEL'S LAW?

Virgina Cazir, the boy's mother, wants a new law drafted in Gabriel's name, her attorney said.

"The bus that Gabby was in; the windows are tinted. What would have happened if the windows were not tinted?" said Ernst Guerrier, the mother's attorney.

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