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By Dan McCue
CHARLESTON -- A series of decisions made, in part, to keep vagrants from entering his Savannah Highway establishment after business hours, may cost the owner of the Sofa Super Store chain dearly in the connection with the fire that claimed nine firefighters’ lives on June 18.
The state Occupational Safety and Health Administration on Thursday fined store owner Herb Goldstein and the Charleston Fire Department for violating state safety regulations.
The Sofa Super Store was cited for a "willful" violation for having padlocked a number of doors on the night of the inferno that completely destroyed the store and an adjacent warehouse.
It was also cited for fire doors that did not work and not having a written emergency action plan in place and accessible for its employees to read.
One store worker was trapped during the blaze but was pulled to safety by firefighters. The store was fined $32,775.
In a written statement, Goldstein praised the Charleston firefighters "and other first responders who protect us each and every day."
However, he also went on to defend having locked the doors explaining that, "Our managers locked the doors at closing time to keep criminals and transients out of the building, and only when there were no customers present."
The report cited the fire department for four violations, including one "willful" violation for having an inadequate command structure that could ensure firefighter safety in an emergency. In all, the department now faces $9,325 in fines.
At a news conference at Charleston City Hall Thursday, Mayor Joseph P. Riley Jr. said the city will fight the citations and has asked for a hearing to defend itself.
Following the fire, the city changed some of the policies for which it was fined, but believes the citations were unfair and wrongly issued, he said.
"It's very important that we seek the truth and we keep the record straight," Riley said.
The fire department was cited for not having procedures for fighting a fire involving a metal truss roof, according to the report.
Steel trusses are prone to failure in fires because the steel weakens when heated.
In addition the city was cited for failure to inform fire brigade members about special hazards regarding flammable liquids and other chemicals, for failing to require that body protection be worn by nine firemen in interior structural fire fighting at the super store, and for failing to ensure that self-contained breathing apparatus were worn at all times by four firemen exposed to smoke and toxic substances while fighting the fire.
State officials did not say the violations led directly to the deaths of the nine firefighters, who died of burns of smoke inhalation.
It was the nation's single worst loss of firefighters since the Sept. 11, 2001, terrorist attacks at the World Trade Center in New York.
Legal observers said the missteps identified in the citations could open the door to lawsuits against both the store and the city. In July Motley Rice, the Mount Pleasant firm specializing in class action lawsuits, filed a motion in state court to preserve evidence from the night of the blaze.
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