SC Administrative Law Court Decisions

By agreement of the South Carolina Department of Labor, Licensing & Regulation, Office

of the State Fire Marshal, Petitioner, and Respondent, Education Redirection - Charleston County,

the following disposition of this matter is entered pursuant to the provisions of S.C. Code Ann. §1-23-320(f) (Supp. 1996) of the South Carolina Administrative Procedures Act:

FINDINGS OF FACT

1. Respondent is a non-profit corporation which operates schools for children at various sites throughout Charleston County, South Carolina.

2. Petitioner has inspected these sites and determined that various fire code violations are present at each of these various sites.

3. Respondent has been given notice of these fire code violations and has been given an opportunity to correct them.

1. Respondent will, no later than May 1, 1999, cease to operate all facilities identified

in Counts 1-9 and Count 11. Respondent will use only the facility identified at

Count 10 and a facility designated as NH-62 located adjacent to that facility

(collectively, the "Facilities.").

2. Respondent will unlock, unblock (including removal of all slide bolts) and mark all

exits in the Facilities and will maintain the exits in these conditions whenever the

Facilities are occupied as schools.

3. Respondent will equip each facility with at least one fire extinguisher which fulfills

the requirements for minimum Fire Code Compliance rating of 2-A:10B:C, located

no more than fifty (50') feet apart

4. Respondent will remove all flammable curtains and blinds from the Facilities.

5. Upon verification by inspection of compliance with items 1- 4 above, the Petitioner

will withdraw its petition to enjoin the use of the Facilities for the remainder of the

1998-1999 school year.

6. Respondent will consent to at least two unannounced inspections by a Deputy State

Fire Marshal at each Facility to determine that the conditions of the Consent Order

are met. Respondent will provide a management representative to accompany the

Deputy State Fire Marshal and respond to questions. The Deputy State Fire Marshal

will conduct his opening and closing conferences with the management

representative at a place away from the students.

7. Failure to maintain the premises to the levels specified in Items 1-4 above during the

period the Respondent occupies and uses the Facilities as schools during the

remainder of the 1998- 1999 school year may be considered contempt of this court.

Such contempt may result in the imposition of penalties, in the discretion of the

Administrative Law Judge, on individual employees, officers, and directors of the

Respondent, in the event that the Administrative Law Judge finds that such

individuals have intentionally or recklessly disregarded the terms of this Order.

8. A copy of this Order shall be provided by the Respondent's executive director to all

current employees, officers, and directors of Education Redirection, and to all others

in those classifications through July 1, 2000.

9. The Respondent shall not occupy or use any Facility for educational purposes during

the 1999-2000 school year that has not received prior certification from the State Fire

Marshal. Intentional occupancy or use of an uncertified Facility may be considered

contempt of this court and result in the imposition of penalties as described above.

John D. Geathers

Administrative Law Judge

May 10, 1999

WE CONSENT

James Ring

Respondent

Stuart M. Andrews, Jr.

Attorney for Respondent

Sharon A. Dantzler, Attorney for

SC Department of Labor, Licensing

& Regulation

Lewis B. Lee

State Fire Marshal