Despite postponing a first reading so changes could be made to the fire safety inspections ordinance, FOCUS DeKalb members are still saying parts of the ordinance are not friendly to businesses.

FOCUS, a group of business persons and property owners dedicated to keeping DeKalb business-friendly, and city staff have been working together to create an inspection ordinance that would be helpful but not burdensome, said Fire Chief Eric Hicks. The ordinance calls for registration and inspections of commercial buildings and provides incentives for those who comply.

New Concerns

FOCUS attorney Mike Coghlan suggested the word “violation” should be changed to “issue” in the case of problems such as garbage or weeds that need to be cleared from the property do not need a legal conclusion that comes from the use of the word “violation” in the ordinance. Coghlan said having the word “violation” would cost business owners $10,000 because they would have to hire him to defend their business and block the legal conclusion of the word.

“Simply replacing the word violation with the word issue makes a big difference in savings for business owners, and it’s not going to make any difference to the city,” Coghlan said.

City attorney Dean Frieders responded to Coghlan’s concern by telling the council the wording change was not entirely necessary.

Other words Coghlan requested to be changed were “least intrusive” and “building.” “Least intrusive,” in regard to the inspection, was removed from the ordinance, and Coghlan said it should remain because it would make the ordinance more business-friendly. He said in the ordinance the term “building” is not preceded by “commercial,” so this could be misconstrued as allowance for inspection in structures such as sheds and residential homes.

City Council was not able to address the issues with wording at the meeting, and it was not stated if they will be fixed.

Ordinance changes

The ordinance complies with FOCUS’ idea of having three parties for the Fire Department to contact for emergencies and inspections: the building owner, an emergency key holder and a local representative.

A concern expressed by property owner Ted Heise at the Jan. 26 City Council meeting was holding tenants responsible for any of their spaces deemed dangerous by inspection, specifically if property owners are not allowed access to those spaces by contract.

“As far as tenant spaces, we’re going to address each tenant space individually,” Hicks said.

Previously, FOCUS found issues with the possibility of business license revocation and the process of having to register annually. The original ordinance said refusal to comply with inspections could be grounds for license revocation, but that regulation has now been removed. While the registration process for buildings has not changed, the Fire Department will ask for verification of the owner’s contact information each subsequent year to reduce busy work.

Some property owners are unhappy with the changes, while members of City Council found the changes to be a step backward in making an inspection ordinance different from the existing city code.

City staff did not address the issue of similarities between the municipal code and the ordinance at the meeting.