ORDERS:
ORDER (REQUEST FOR INJUNCTIVE RELIEF)
This matter came before me on June 4, 1996, by way of a Petition for injunctive relief and for a
finding of contempt that was filed against Respondent by the South Carolina Department of
Labor, Licensing, and Regulation (Petitioner). Petitioner sought relief because of Respondent's
alleged violations of a Consent Order, approved by this Court on March 27, 1996, with respect to
the correction of violations of the State Fire and Life Safety Code and the Standard Building
Code at Respondent's commercial building in Sumter, South Carolina. Respondent timely filed
his answer and this Court granted Petitioner's motion for an expedited hearing date for the
petition.
Both parties were present at the hearing, represented by counsel. Petitioner was represented by
Robert M. Wood, Staff Counsel, South Carolina Department of Labor, Licensing, and
Regulation. Respondent was represented by E. W. Cromartie, II, Esquire, of Columbia, S.C.
Prior to hearing, the parties engaged in negotiations for a consent order to settle the matter, but
were unable to reach final resolution of all issues. After consultation in my chambers, counsel for
both parties agreed to terms that would be placed immediately on the record as an Order of this
Court. Counsel for Respondent then recited the terms into the record. Respondent was sworn
and testified that he understood the terms of the Order. Both parties consented on the record to
the terms as stated.
THEREFORE, IT IS ORDERED that:
1. The terms of this Order are effective as of the conclusion of the hearing.
2. No later than June 14, 1996, a representative of the Office of the State Fire Marshal (the Fire
Marshal)(1) shall meet with Respondent at Respondent's premises at 516 S. Lafayette Street in
Sumter, South Carolina.
3. This meeting will be for the purpose of preparing an Initial Report of the previously cited Code
violations that Respondent has not corrected as of that date. The completed Initial Report shall
be filed with this Court by Petitioner's Counsel no later than June 21, 1996, at 5:00 p.m. and shall
be served upon Respondent's Counsel by fax and U.S. Mail on the same day it is filed with this
Court. The Initial Report shall clearly explain what must be done to bring the remaining
violations into compliance with the Codes and shall be signed by Respondent and by Counsel for
both parties.
4. Respondent shall also have in attendance at this meeting a contractor, knowledgeable with the
requirements of the Fire and Life Safety Code and the Standard Building Code, who shall have
been engaged by Respondent to perform the necessary corrections that are to be set out in the
Initial Report.
5. Respondent shall complete all corrections identified on the Initial Report no later than August
23, 1996.
6. Effective immediately, Respondent is permanently enjoined from all uses of the restaurant area
and the Tax Office area until written approval for use is obtained from the Fire Marshal.
7. Respondent may continue to operate the Store area and the Bail Bonding area until August 23,
1996.
8. No later than August 7, 1996, the Fire Marshal shall conduct a follow-up inspection at
Respondent's premises with respect to the items listed on the Initial Report.
9. No later than 5:00 p.m. of August 9, Counsel for the Fire Marshal shall provide a Final Report
to Respondent's Counsel that shall identify which items, if any, on the Initial Report were not in
compliance with the Codes at the time of the follow-up inspection.
10. On August 22, 1996, the Fire Marshal shall conduct a final inspection of Respondent's
premises. If any items identified on the Final Report then remain uncorrected, the Fire Marshal
shall that day provide written notice of closure to the office of Respondent's Counsel, by fax
transmission and by U.S. Mail, or by hand delivery, which shall State that all business operations
at the subject premises are closed, by operation of this Order, as of midnight on August 22, 1996.
If the Fire Marshal finds all items in compliance at the final inspection, he shall provide written
notice of full compliance in the same manner as required for the notice of closure.
11. Respondent's failure to correct any item identified on the Final Report shall be considered an
act of contempt by Respondent of this Order, for which Respondent shall be fined seventy dollars
($70) per day, commencing on August 23, 1996. Fines shall continue to accrue at that rate until
such time as Respondent has corrected all items on the Final Report and has secured certification
of compliance from the Fire Marshal.
12. Any fines imposed under this Order shall be paid from Respondent's Counsel's Trust Account
to the South Carolina Department of Labor, Licensing, and Regulation on the first and fifteenth
day of each month. If paid by cashier's check, Respondent may pay the fines directly to the
Department on the same schedule.
13. If Respondent's premises are closed pursuant to this Order, Respondent is enjoined from any
use of the premises until Respondent's Counsel is notified by the Fire Marshal in writing, after
inspection, that all items on the Final Report are in compliance with the Codes.
14. In addition to obtaining the Fire Marshal's certification of the correction of all items on the
Final Report, Respondent may terminate the accrual of fines imposed pursuant to this Order by
written notice to Petitioner's counsel and to the Court of the date that he has ceased all operations
at the premises. The accrual of daily fines, however, shall not cease until Respondent's Counsel
has actually delivered the required written notice to the Fire Marshal or his Counsel.
Respondent's Counsel shall bear the burden of proving delivery of this notice. Proof of delivery
by fax, with subsequent delivery by U.S. Mail, shall be effective to terminate Respondent's
liability for accrual of daily fines as of the date of the fax transmission.
IT IS FURTHER ORDERED that the Court will retain jurisdiction over this matter until further
Ordered.
AND IT IS SO ORDERED.
_____________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
June 5, 1996
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Fn. 1. Reference to the Fire Marshal in this Order includes any of his representatives. |
