Benedict fire code controversy spreads

Controversy over Benedict College's fire safety conditions re-ignited this week after a former deputy fire marshal filed a lawsuit against the college and three of his supervisors at the Columbia Fire Department.

Also, 5th Circuit Solicitor Barney Giese's office confirmed he has met with S.C. State Law Enforcement Division agents regarding an investigation at Benedict College. Babs Lindsay, Giese's spokeswoman, would not release further details of the investigation, including whether it was related to fire codes.

Benedict has had ongoing problems with fire safety inspections. In September, the Richland County fire marshal closed an off-campus motel being used as a dormitory because of unsafe conditions.

The latest controversy involves inspections of buildings on the main campus at Taylor and Harden streets. In an e-mailed statement, the college said its policy is not to comment on legal matters.

The fire department has been inspecting the campus at Harden and Taylor streets for about two weeks, said Columbia Fire Chief Bradley Anderson. Most of the 122 deficiencies that have been found are minor fire code violations or involve maintenance problems like water leaks, he said.

The college has made progress in correcting deficiencies and is cooperating with the fire department, Anderson said.

The inspection is essentially a do-over after a dispute over a previous inspection erupted in December between a former deputy fire marshal and the historically black college, Anderson said.

That dispute resulted in a lawsuit filed Tuesday by Matthew Lam, the former deputy fire marshal, who has been transferred to other duties within the department. The lawsuit is against Benedict College, its vice president for business and finance, and three of Lam's supervisors at the Columbia Fire Department.

Lam said in the complaint he was suspended from his job after receiving two disciplinary actions for insubordination in early December. Lam said he was falsely charged with racial bias and has been made a scapegoat for trying to rectify serious and dangerous fire safety violations at Benedict College. He also alleges political pressure was brought to bear to keep him from pursuing the violations against Benedict.

In November 2008, Lam found multiple problems in several Benedict facilities, including dorms, according to the lawsuit. He alleges problems with fire alarm systems, fire suppression systems, noncompliant fire doors, wiring, fire extinguishers, kitchen hoods, malfunctioning bathrooms, mold, smoke detectors, lights and fire lock boxes.

By December 2009, some of the deficiencies had not been corrected, Lam's lawsuit said. He further alleges, "attempts to require corrections were blocked at that time by what he perceived as political pressure to cover up the violations ... ."

According to the lawsuit, Brenda Walker, Benedict's vice president for business and finance, wrote letters to the city complaining about Lam. They said he was unprofessional and had a racial bias.

Lam's lawsuit also said Anderson, Assistant Fire Chief Aubrey Jenkins and Assistant Fire Chief Carmen Floyd used him as a scapegoat and punished him for no reason. He did not name the fire department in the lawsuit.

Lam is asking for a jury trial to determine the damages caused by the loss of his job, and he wants punitive damages charged to Benedict and his three former bosses.

However, Anderson, the fire chief, said Lam's inspections were not done properly and four of his citations were overturned because he did not follow procedure, including overcharging the college on fines.

During a follow-up inspection, another deputy fire marshal could not find the locations for all the deficiencies cited in Lam's report, Anderson said. That is why the city is reinspecting the campus, he said.

Lewis Cromer, Lam's attorney, said his client had an outstanding reputation as a fire marshal and would not have filed reports that didn't include locations of reported problems. Lam's reports included photos and other documentation, Cromer said.

"He was always motivated to make sure safety laws were carried out," Cromer said. "He gave Benedict a couple of opportunities to correct the deficiencies."

Cromer would not say who put political pressure on Lam or his bosses to overturn citations. The lawsuit also does not name anyone.

In the city's latest ongoing inspection at Benedict, 13 buildings have been surveyed, Anderson said. The inspector has three more to review.

Most of the 122 reported deficiencies involved water leaks from roofing and plumbing problems, he said.

The most serious fire code violations were found in Mather Hall, a 12-story dormitory that houses up to 400 women. Inspectors found 13 outdated smoke detectors, Anderson said.

Fire alarms in the building are working, as are other smoke detectors, Anderson said. The college also has assigned people to "fire-watch" duties to make sure someone is always on alert for smoke or flames, Anderson said.

The Columbia Fire Department's Fire Prevention Division inspects all college campuses in the city at least once a year, Anderson said. USC has its own fire marshal, who inspects buildings on its campus.

The inspections not only cover fire codes but also property maintenance codes. Fire marshals look at everything from sprinkler systems to chipped paint, Anderson said.

"A large majority of inspections at Benedict are under the maintenance codes and not fire safety codes," he said. "We have a number of problems with leaks in plumbing that needs to be upgraded or repaired."

Some of those repairs will be very expensive, Anderson said. Benedict has hired a new maintenance company that is cooperating with the inspection, he said.

The dorm created out of a renovated hotel remains closed. That building is on Horseshoe Drive, near Two Notch Road and Interstate 20. When the Richland County fire marshal closed it in September, the school was forced to move more than 250 students to an apartment complex on Garners Ferry Road.

The county then dropped four citations it had filed against the college in magistrate's court, saying the issue had become moot when students moved out.