‘DPW has control of IPI building as it has responsibility for building code’

Commonwealth Casino Commission board chair Edward C. DeLeon Guerrero and vice chair Rafael S. Demapan said Wednesday that, rather than the CCC, it is the Department of Public Works that has control over the Imperial Pacific International (CNMI) LLC’s casino/resort building in Garapan as it has responsibility of enforcing the building code.

During the CCC board’s regular monthly meeting in the CCC’s conference room at the Springs Plaza Building in Gualo Rai, DeLeon Guerrero and Demapan both stated they were surprised upon reading in news articles that the commission is holding up DPW’s request to inspect the casino/resort building.

DeLeon Guerrero said he read a national magazine article stating that the CCC is holding back DPW’s request and that he does not know how the issue got to the national media.

“But I also was not aware that the Casino Commission has jurisdiction over the Building Code. We do not. DPW has that authority. They have the jurisdiction to implement that,” he said.

Last May 1, DPW Secretary Ray N. Yumul asked Demapan for authorization for the DPW Building Safety Code inspectors to enter the IPI building to inspect it. Yumul said the inspection is necessary to assess the existing condition of the electrical, mechanical, and standard components of the building’s equipment.

The secretary said the last inspection IPI conducted on the site was in May 2021, which found rusting components of tower structures and safety rails that will eventually weaken the structural integrity of the tower crane.

As of yesterday, it’s not clear whether DPW has already inspected the building.

DeLeon Guerrero said Wednesday that CCC can always stand behind and assist to enforce whatever DPW orders have.

DeLeon Guerrero said they have repeatedly requested DPW in the past to take down IPI’s crane tower No. 5. He said tower No. 4 and 5 were originally the threat, but No. 4 has been taken down.

“But No. 5 took forever for them to remove the most dangerous part,” DeLeon Guerrero said.

He said they invited the then-DPW secretary in almost every meeting for over a year.

DeLeon Guerrero said they have asked the assistant attorney general assigned to the CCC to talk to the AAG assigned to DPW to discuss the matter.

“I asked them if those cranes fall down, who’s liable? The Commonwealth. I will be the first one to line up and testify against the Commonwealth because I’ve been screaming at them and everybody here understood that we don’t have any authority,” the chairman pointed out.

Deleon Guerrero said Yumul apparently addressed the matter to Demapan so they will figure it out.

He reiterated that the CCC cannot take the lead when it comes to labor violations, Occupational Safety and Health Administration violations, building code violations, and Zoning violations.

DeLeon Guerrero said they are not the primary entity, but will stand by any of the agencies to assist them in enforcing those regulations.

Demapan, on the other hand, said he was surprised when he saw something in the news about him holding on to DPW’s request for approval to inspect the IPI building.

As a result of that news article, Demapan said, he visited DPW and informed them that the CCC has no control of the IPI building. What the CCC does have control is the gaming devices in the building.

He said an auction is ongoing at IPI and some of those equipment still have the Commonwealth’s seals on them.

“So basically we are working closely with the securities for the IPI to ensure that Commonwealth’s interest and CCC’s are well protected,” Demapan said.

The vice chair said they constantly work with securities of IPI in making sure that “accountability is No. 1 because of the Commonwealth seal.”

Demapan said he was able to meet with Yumul just recently after the second article came out about the inspection issue. He said he told Yumul they should also invite other agencies such as the Fire Department because it deals with the safety of the building.

Demapan said DeLeon Guerrero did mention about the building code as DPW’s responsibility and not CCC’s.

Demapan said he suggested that they should come together such as this CCC board’s regular meeting and see how they can closely work together and take this venue as a conduit for them to get together so that it is easier to discuss the main issue.

He said they constantly go to the IPI building site, in ensuring that whatever merchandise or items that have been auctioned off are well accounted.

Demapan said that’s basically why they are here, to ensure that the Commonwealth seal is well protected.

“It may appear that we’re not doing anything, but we are doing something to protect the interests of the CNMI government,” he said.