City: Few object to fire inspections

Hillsboro Fire and Rescue has been conducting fire inspections of local businesses for the past 10 weeks, according to Assistant Fire Chief Ed Puckett, and that the department has had few complaints regarding the inspections.

   However, at least two area business owners were not pleased with the inspections, and one denied entry to two firefighters.

   The Hillsboro City Council voted in February to accept a proposed ordinance from Hillsboro Fire and Rescue that mandates as of Jan. 1, 2010, there will be an annual fire inspection performed on every commercial business and multiple family dwelling in the city of Hillsboro. Council voted to waive the fire department's proposed fees, but did not provide a detailed account of the fines and/or criminal penalties businesses would face for failure to comply with the ordinance. Numerous business owners had signed a petition urging council to rescind the ordinance. Local business owners had spoken out in opposition to both the fees and the inspections, as well as the city's failure to fully explain the possible fines and penalties for noncompliance.

   "They schedule some of the time, but they usually just stop by during business time," Puckett said. "If there is an issue, they will schedule a time to go back. They are trying to go by alphabetical order."

   Puckett said the purpose of the inspections is to make sure public businesses are safe, and that firefighters are trying build a good working relationship with the business owners. In addition to commercial buildings, Puckett said the department inspects private residences for Children Services.

   Hillsboro Mayor Dick Zink told The Highland County Press this week that the city has collected no fines for violations to the fire code.

   "This isn't to penalize the people of Hillsboro, it is to keep them safe," Zink said.

   "There has been a big misconception," Puckett said. "There has never been a citation ever written to a business in the city of Hillsboro, that I am aware of. Our goal is to let them know, to point out the violations to the owner. Second, we concentrate on the life-threatening things that could lead to the death of someone."

   Puckett said some of the issues they look for are properly placed fire extinguishers, exit signs and doors that are not obstructed. "We try to do a follow-up inspection in 30 days to see if they made some improvements," Puckett said. "We strive throughout the year to see if we can try to improve, and keep improving from year to year.

   "We're happy with that, and a lot of businesses have never had an inspection done. We have limited time and personnel to do it. We're not going to expect everything to be fixed overnight, or over a year. We try to have a good rapport and a friendly atmosphere," Puckett said. "It is for their safety and the public's safety. That is what we are trying to achieve.

   "We don't write citations."

   Puckett said that if a business refuses entry to the fire inspectors, they would call the state fire marshal¹s office.

   "We would let them handle the situation then," Puckett said.

"They would probably want us to get a court order. If a business won't let us in, that's a real red flag. People going in and out of that business have the right to safety and the right to be out of harm's way."

   Jason Brown, the owner of Brown's Cycle Shop on North West Street, said two firefighters came to his business Wednesday for an inspection and he refused them entry.

   "I said they couldn't come in without a warrant," Brown said. "They said, 'Fine, you'll be hearing from the state.'"

   Brown said he had been vocal regarding the fire ordinance when it was first presented to council. "I think the whole idea of the inspections was nothing more than a money-making scheme," Brown said, and that if it really was about public service, the fees would not have been proposed to begin with.

   According to staff engineer Denny McCann of the Ohio State Fire Marshal's Bureau of Code Enforcement, turning a business owner over to the state office because they have refused a fire inspection is "Not a normal practice."

   "A fire inspector has the authority to enter and inspect, during reasonable business hours, and acknowledge his title, show his badge or I.D., and if the owners of the property refuse him admission, he can take what steps are necessary to inspect the property," McCann told The Highland County Press.

   McCann said that "In most cases a municipal warrant must be obtained and then the sheriff (or police department) will show up and (the fire inspectors) will do the inspections."

   Rick Pitzer, owner of several area businesses, had one inspection on July 7, and told The Highland County Press he found the inspectors to be "Less than forthright," and that one of his businesses had several violations. According to the terms of the violations on the paperwork he was issued, "Failure to comply within the time specified may result in further legal action and/or penalty as specified under section 3737 of the Ohio Revised Code."

   Pitzer said he was told the inspections were being done in alphabetical order. However, he does not believe that is the case, as many other businesses that alphabetically fall before his businesses have not been inspected. As a result of the inspections, Pitzer said he has contacted Fayette Fire and Safety Equipment to bring his business into compliance.

   As far as penalties, Puckett likened it to a speeding ticket, and that the officer issuing it does not set the fee, "It's the judge. The state sets the parameters. We don't set those."

   If a business is renting a structure, Puckett said the business owner, not the property owner, is responsible for bringing the building into compliance.

   Puckett said that anyone who has concerns should call him at the fire station, at (937) 393-2902 and he would be glad to discuss the matter.

   "We're not trying to be a bully in the community," he said. "We're here for public safety. That is what our job is, to ensure the citizens of Hillsboro are safe."

   According to the ORC, a person who has received a citation for a serious violation of the fire code or any order issued pursuant to it, shall be assessed a civil penalty of not more than $1,000 for each violation.