Attempts to regulate the hazards at Pacific Intermediates began in August of 1987, when the local engine company made a referral to the Division of Fire Prevention, based on the chemical storage that was visible outside the building. Following an inspection by a Fire Prevention Inspector and consultation with a Building Safety Inspector, the business owners were notified that they could not carry on their nature of business in the type of building they occupied. It was suggested that the company hire a consultant to make an assessment and advise them on appropriate actions. A Notice of Violation was issued early in 1988, when the owner failed to respond to the letter of notification.
The chemical company then hired a consultant who determined that it could not meet code requirements in its present premises and advised seeking a new site to relocate. In June of 1988 the owners made a verbal commitment to relocate within 6 to 12 months. The owners would not make this commitment in writing, and the Fire Department could not obtain a copy of the consultant's written report. In July, the Fire Department determined that the company had severed its relationship with the consultant and that the consultant's fee had not been paid.
On July 15, 1988, the Fire Inspector and a Building Safety Inspector visited the premises to determine if any corrective actions had been taken. While on the premises, they encountered a leaking drum of vinyl chloride which had been left outside the building, unlabelled, under a plastic sheet. Both inspectors had to be transported to an area hospital for treatment of respiratory distress resulting from this exposure, and the inspection turned into a 16 hour long hazardous materials incident. A private contractor had to be called in to safely remove the leaking container.
A second Notice of Violation was issued against Pacific Intermediates, and the Environmental Health and Planning Departments became involved in the case. Inspections by these agencies revealed several additional code violations relating to hazardous waste disposal and contamination of the area around the premises. The County Counsel was consul ted, since it appeared that multiple violations were involved and the business was resisting enforcement efforts.
On October 21, 1988, the Fire Department received a letter from the business, asserting that the Fire Department lacked regulatory jurisdiction and claiming that previous inspections had been made in contravention of the owners' rights, as guaranteed by the Fourth Amendment. Similar letters were sent by the owners of the property and by another tenant who had been cited for Fire Code violations. All claimed that they would deny access to any Fire Department representative who could not produce a warrant for entry.
After receiving this letter, the Fire Department issued a directive to companies to stay outside the Pacific Intermediates occupancy in the event of a fire or chemical emergency incident. This action was taken on the basis of unknown hazards within the occupancy and the denial of access for inspection or pre-fire planning.
With the active participation of the County Counsel, warrants were obtained and inspections were made by the Fire, Environmental Health, Building Safety, and Planning Departments. Formal charges were filed in late November, including 12 Fire Code violations, felony violations of the hazardous waste regulations, and other counts. The cases were still before the courts on the date of the fire, having been continued in court. On the day of the fire, the District Attorney had obtained a warrant for an additional inspection for environmental health requirements.
Next » The Fire
Save to del.icio.us
