Riverview Fire Raises Code Concern

The Detroit News

By Tanveer Ali
November 29, 2008

RIVERVIEW -- A stray cigarette ignited a late-night blaze at a senior citizens complex that injured several tenants and killed a man, but fire officials say the death could have been prevented if the facility was licensed and required to have sprinklers.

Using what one disability rights advocate calls a loophole in the law, the Bellaire Independent Senior Apartments on Hale is licensed as an apartment, not a senior living home, and isn't required to have sprinklers.

"If that would have been a sprinkled building, there wouldn't have been a loss of life," Fire Chief Timothy Bosman said. "There was not any type of (senior living) licensing for this building."

A 68-year-old man was killed Thursday a few doors down from his "careless smoking" neighbor, Bosman said. A woman was badly burned and about 10 others were injured after the fire tore through a part of the 85-resident complex just after 10 p.m.

According to a Bellaire employee, 24 west-wing units are uninhabitable and tenants are expected to move into other rooms in the three-story building. The complex rents studio and one-bedroom apartments for $1,400 a month or more.

In Michigan, "independent living" is only a marketing term, with companies often claiming the same services as licensed "assisted living" facilities, said disability rights advocate and attorney Richard Bernstein. Licensed residences are subject to stricter rules and building codes. The Bellaire complex was built in the 1970's when apartment complexes weren't required to have sprinklers.

"You don't face the same regulations by the state (in an independent living facility) than if you were in an assisted living facility," Bernstein said. "This is a horrifically dangerous loophole that has cost lives and will continue to cost lives in the future."

Owner Jacob Bacall acknowledged a sprinkler system was never required, but said he has abided by all the city's rules. Bacall said he called the family of the deceased tenant, but has yet to receive a response.

Many of the tenants were accommodated at a nursing home next door, employees said, before being moved to hotels, families' homes or other retirement communities. Investigators were on the scene until at least 2 a.m. Friday.

"We are trying to comfort them and take them to appropriate places," Bacall said.

Burnt mattresses and chairs were piled in the front yard in front of the charred and shattered windows Friday morning, as some grieved and sifted through the ashes for belongings.

The family of Stanley Matuiaszek hoped to recover whatever belongings they can. The 92-year-old lived above the apartment in which the fire began.

"He just moved over here just a few days ago," said Nancy Matuiaszek, his niece. "It's just a shock to lose everything. Everything is gone."