ORDERS:
CONSENT ORDER (Contested Case)
By agreement of the Office of the State Fire Marshal (the Fire Marshal) and the above-named
Respondent, the following disposition of this matter is entered pursuant to the provisions of S.C.
Code Ann. §1-23-320(f) (Supp. 1995) of the South Carolina Administrative Procedures Act:
FINDINGS OF FACT
1. Respondent admits that, on January 26, 1995, the date of the Fire Marshal's(1) initial inspection
of Respondent's business located at 516 S. Lafayette Street in Sumter, South Carolina (Tax Map
No. 250-09-05-003, Plat 4A-12), Respondent was conducting business with the general public at
this location through the following operations and services: a retail convenience store selling food
items and other products, a restaurant, a bail bonding service, and an income tax preparation
service.
2. Respondent, while neither admitting nor denying the violations averred in the Fire Marshal's
Order Issued After Review, dated August 11, 1995 (the Affirmed Order), accepts responsibility
for timely conforming the referenced items therein to the applicable sections of the Standard Fire
Prevention Code (SFPC), the Standard Building Code (SBC), and the State Fire Marshal
Regulations (SFMR). A copy of the Affirmed Order is attached hereto and incorporated herein as
Exhibit 1.
3. Respondent represents that all items identified in the Affirmed Order are now in compliance
with the cited standards, codes, and regulations, with the exception of Items B7 and B9, which
are associated with the duct and exhaust hood system in the kitchen area of the restaurant.
4. Respondent waives any further findings of fact with respect to this matter.
CONCLUSIONS OF LAW
5. Respondent understands and agrees that his conduct in this matter constitutes sufficient
grounds under S.C. Code Ann. §23-9-70 (Supp. 1995), for action in accordance with the
applicable terms and conditions set out below.
6. Respondent understands and agrees that he has full knowledge of his right to a hearing in this
matter, and freely, knowingly, and voluntarily waives such right by entering into this Consent
Order. Respondent understands and agrees that, by entering into this Consent Order, he
voluntarily relinquishes any right to judicial review of the Fire Marshal's action(s) which may be
taken concerning any related matters, except with respect to any actions for contempt filed by the
Fire Marshal with respect to this matter.
7. Respondent understands and agrees that this Consent Order will not become effective unless
and until approved by the Administrative Law Judge. Respondent understands and agrees that, if
this Consent Order is not approved, it shall not constitute an admission against interest in this
proceeding or prejudice the right of the Fire Marshal to adjudicate this matter.
8. Respondent understands and agrees that any commercial cooking operations that produce
grease-laden vapors, such as, but not limited to, deep frying and surface frying, are inherently
dangerous to the public and that strict compliance with the applicable standards, codes, and
regulations must be maintained at all times if such cooking operations are conducted.
Consequently, Respondent understands and agrees that he must immediately cease any cooking
operations at the premises in question that produce grease-laden vapors until such time as the Fire
Marshal determines that Respondent has met the requirements of the applicable codes, standards,
and regulations with respect to such operations.
9. Respondent understands and agrees that this Consent Order does not limit, except as
specifically provided in Paragraph 10, below, the Fire Marshal's authority and duty under law to
enter the premises in question to inspect for fire hazards, pursuant to S.C. Code Ann. §23-9-50
(1989).
10. The Fire Marshal understands and agrees that, solely with respect to the inspection items on
the Affirmed Order, the Office of the State Fire Marshal will conduct no inspections of the
premises in question except upon the conditions specified in this Order.
11. Notwithstanding the provisions of Paragraph 10, Respondent understands and agrees that,
because of the serious threat to public safety of the circumstances described in Paragraph 8, this
Consent Order does not limit in any way the Fire Marshal's right and duty, pursuant to S.C. Code
Ann. §23-9-50 (1989), to enter into the premises in question at any reasonable hour, without
prior notice, to ensure that Respondent is not engaged in commercial cooking operations
described in Paragraph 8.
12. I find that the proposed remedies herein are appropriate and within the general jurisdiction of
this Court to approve, implement, and enforce. I further find that approval of this Consent Order
is in the best interest of the public.
13. Respondent waives any further conclusions of law with respect to this matter.
THEREFORE, IT IS ORDERED that:
1. The Fire Marshal shall conduct a follow-up inspection at the premises in question within ten
(10) working days of the date of this Order to verify Respondent's stipulation in Paragraph 3,
above, that all items on the Affirmed Order, with the noted exceptions, are in compliance with the
applicable codes, standards, and regulations.
2. If the follow-up inspection reveals that any of these items are not in compliance, Respondent
shall bring those items into compliance within five (5) working days of the inspection. The Fire
Marshal shall return at the earliest opportunity, but no earlier than six (6) working days after the
follow-up inspection, to verify that these corrections have been made. If, in the opinion of the
Fire Marshal, Respondent has unreasonably failed to correct any of the non-complying items at
the time of the latter inspection, the Fire Marshal may immediately apply to this Court for an
expedited contempt hearing.
3. With respect to Items B7 and B9 of the Affirmed Order, Respondent is ordered to install a duct
and exhaust hood system that complies with the applicable codes, standards, and regulations no
later than six (6) months from the date of this Order. Provided, that until said installation is
complete and approved by the Fire Marshal, Respondent is prohibited from conducting inside the
premises, by any means whatsoever, any deep frying, surface frying, or other cooking operation
that produces grease-laden vapors.
4. If the Fire Marshal determines that Respondent, at any time after the date of this Order, has
engaged or is engaging in cooking operations that violate this Court's order in the immediately
preceding Paragraph 3, the Fire Marshal is authorized by this Consent Order to immediately
prohibit the use or occupancy of the entire structure, for any purpose whatsoever, in the same
manner as provided for in circumstances involving an "unsafe building" pursuant to S.C. Code
Ann. §23-9-150 (2) (Supp. 1995). In such event, whether or not the Fire Marshal exercises this
authority, the Fire Marshal is further authorized to apply to this Court for an expedited contempt
hearing. The Fire Marshal's closure order will remain in effect until lifted by order of this Court
or until the Fire Marshal determines that Respondent has brought the exhaust hood system into
full compliance. Respondent is hereby warned that this Court will tolerate nothing less than strict
compliance with the prohibition set out in the immediately preceding Paragraph 3.
5. If the Fire Marshal, upon inspection as ordered in the immediately preceding Paragraph 2,
verifies that Respondent has brought all items on the Affirmed Order into compliance, with the
exception of Items B7 and B9, the Fire Marshal shall so inform Respondent by written notice,
within ten working days of the inspection, that Respondent is in full compliance with the
Affirmed Order with respect to those items.
6. At such time as the Fire Marshal, upon inspection, determines that Respondent has also
brought the exhaust hood system into full compliance, the Fire Marshal shall immediately
authorize Respondent to engage in the cooking operations prohibited by Paragraph 3, immediately
above. The Fire Marshal shall also, within ten working days of the inspection, provide written
confirmation that Respondent has fully complied with the Affirmed Order and that the Fire
Marshal has closed its file in this matter.
7. This Consent Order shall take effect immediately.
AND IT IS SO ORDERED.
______________________________________
Marvin F. Kittrell,
Chief Administrative Law Judge
________________
Date
WE CONSENT:
____________________________
Roland Harris, Respondent
____________________________
E.W. Cromartie, II
Attorney for Respondent
_____________________________
Robert M. Wood
Attorney for Petitioner
_________________
Fn. 1. Hereinafter, any reference to the Fire Marshal shall be deemed to include any designee of
the Fire Marshal. |
