Fire Prevention Ordinance Sparks Debate

Washington Township Council President Fred Goetz said Monday night that he had serious concerns about the fire prevention ordinance that members of the council approved on first reading last week. He said the ordinance was poorly written and didn't allow for enough oversight.

Fire Director Tom Sears, who crafted the ordinance for the governing body, said the state fire marshal reviewed the document page by page and signed off on it. He also said it was important that the council approve the ordinance as quickly as possible because there are many areas in the township that are not up to code.

"You are basically jeopardizing the children of this town, the shopping centers, the schools because it's being held up," Sears said. "The life hazards in this town cannot be inspected properly under code unless this is passed which means that we're liable for a lot of injury and damage."

Goetz said he took offense to Sears' comments that implied he didn't care about children and safety. He said it was his job to ask questions about items up for approval and this ordinance was no different.

"I agree with the concept and obviously we need to get this passed," Goetz said. "But we need to do it the correct way and not where it's blatantly unconstitutional as I see it."

Goetz said the ordinance lacked oversight from the governing body or the police and gave too much power to the fire marshal. He also questioned where the money collected through fees and fines would be going, saying it appeared that the ordinance was creating "a slush fund."

Sears disputed that, explaining that the structure is set up by state law. He said fees go to the state, which then returns a portion to the township's fire prevention bureau. The money from fees pays for salaries, the open house and literature, Sears said.

Penalty fees go into a separate account. Sears explained that money from penalty fees can be used to purchase items that enhance the life and safety of the community, like gas meters. He said there has to be documentation of what the money is being used for.

"My goal is, as we move forward, I don't need the town money," Sears said. "The fire prevention bureau should eventually run itself."

Goetz said he didn't have a problem with the fire prevention portions of the ordinance, but did want the document reviewed by the township attorney before passage.

"This was adapted and drafted by someone who is not an attorney and not experienced at writing ordinances," he said. "It's badly written."

Councilman Richard Hrbek suggested Goetz highlight the portions he's most concerned about and share that with the rest of the governing body. Goetz also said he wanted Township Attorney Kenneth Poller to review the ordinance.

The council may discuss the ordinance at the next meeting, which is scheduled for May 9.