News and Opinion from Sisters, Oregon
News and Opinion from Sisters, Oregon
In the wake of the horrific fire in the "Ghost Ship" warehouse/off-the-books housing complex/party venue in Oakland, California, the Sisters fire department has been fielding a greater-than-usual number of calls from citizens concerned about the safety of a variety of Sisters-area structures and activities.
"We're going to see increased awareness," Fire Chief Roger Johnson told The Nugget last week. "It has really shaken a lot of people, and they're going to reach out to us... I think it's normal when something like that happens; people get on edge."
The fire department and/or the State Fire Marshal's Office is obligated to investigate complaints, but Johnson and Sisters Fire Manager Gary Marshall emphasize that their role is education first and enforcement last. They are not out to "bust" people or to shut down activities; their goal is to work with property owners and/or businesses or venues to help them come into compliance with codes and safety practices.
And sometimes something that seems like a hazard to the public really isn't - and an inspection turns up no issue at all.
Both men want the public to feel comfortable having the fire department come in and consult on an operation to make sure its safe - and not to think of them as the long arm of the law looking to come down hard on a violator.
"Our goal is to find a code path to allow them to do (a particular use) rather than a code path to shut them down," Marshall said.
Marshall cited the example of the local effort to establish a cold-weather overnight shelter in Sisters, possibly at Westside Church. The church is not permitted as a "residential occupancy," so Marshall needed to consult with the church on what would be required to make the facility safe for a different-than-normal use.
Marshall notes that if the fire department consults, inspects, and approves a use, the fire department then assumes liability for that decision.
Ad hoc music venues are common across Central Oregon, as a thriving house concert circuit has developed in the region. That poses some issues regarding "assembly occupancy," which code puts at 49 people or more.
Some house concerts are held in outbuildings; some are held inside peoples' homes or in their yards. House concerts typically do not have a cover charge or a ticket - attendees are asked to make a donation, which is usually given directly to the performer. So it's not exactly a commercial enterprise.
Marshall explained how the fire service views such events.
"I believe if the residence is operating as a commercial business, such as advertising and selling tickets to the public, the owner/manager of the structure is now using a residence as a business and it would be in violation of the building, planning, and very likely the fire code," he told The Nugget. "But to inspect that residence, since the residence has an occupancy permit as a one- or two-family dwelling or 'private residence,' the fire department would need to acquire an administrative warrant from a judge to inspect for fire safety concerns.
"The fire department would most likely also need to demonstrate that there is an 'imminent hazard to life or property' to prevail and to receive an administrative warrant.
"...If the venue was not advertising and taking money for the performance, it probably would not be considered a business, trade, or commerce.
Therefore the fire department would not have authority to engage in any type of inspection by ORS 476.030.
If there was a legitimate complaint regarding fire safety, I believe it would be resolved in a professional manner with education as a first attempt and using enforcement powers as a last resort by the appropriate agencies to find some type of resolution and compliance.
Normally education works, as the owner usually just did not know.
Performances in residences attract some attention and the owner or occupants of the structure should know that they will be the responsible party."
Music venues and large gatherings are not the only area of concern.
"We have people living in garages," Chief Johnson said. "It's a tight home market and they feel like they have to do what they have to do to survive and get by."
Such living quarters are quite likely not inspected and approved, but the fire department can't just go in to a private residence and inspect it.
What kinds of concerns does the fire department really need to hear about?
Exits are critical, according to Chief Johnson. Loss of life tends to occur in places where egress is compromised. Exits that are blocked off or chained up need to be looked into.
And Chief Johnson encourages people to look to their personal situational awareness. Know where your exits are and make sure you are aware of at least one alternative to the way you came in. Both Marshall and Johnson noted that in many disasters, people pile up where they came in, when there were alternative exits that went unused.
Fire safety has improved steadily over the decades, and mass casualty events like that which occurred in Oakland are rare. The Sisters fire department wants to help the local public keep things that way - not through draconian enforcement measures but through education and collaboration.
Jim Cornelius is editor in chief of The Nugget and author of “Warriors of the Wildlands: True Tales of the Frontier Partisans.” A history buff, he explores frontier history across three centuries and several continents on his podcast, The Frontier Partisans. For more information visit www.frontierpartisans.com.
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