Hearing examiner finds code violations at 2329 Wheaton Way, orders staged safety fixes

The City of Bremerton hearing examiner found that code violations occurred at 2329 Wheaton Way and set a staggered timeline for compliance after the city and the fire marshal's office described multiple fire-safety hazards on the property during a May 27 hearing.

Deputy Fire Marshal Evan Markovich testified the building’s fire alarm system “was being disconnected” because the servicing company had stopped work for nonpayment, and a March life-safety inspection found unsecured key box hardware, improperly mounted fire extinguishers, and evidence that people were living in the basement. Lieutenant Jeff Pritchard, deputy fire marshal, said a May follow-up inspection showed “excessive combustible load, risk and danger to the occupants, and firefighting, limited ability for egress out of the structure.”

Property owner Evelyn Chu told the hearing examiner she was unaware that residential occupancy in the basement violated the property’s commercial occupancy permit. “I was unaware of the legal restrictions, regarding residential occupancy in a commercial zone property,” Chu said. She apologized and asked for more time, saying eviction of a family member and clearing the space would take additional steps.

City testimony and photographs introduced as exhibits showed personal belongings, bedding, propane cylinders and gasoline cans stored indoors, blocked exits and doors with noncompliant hardware, and storage extending close to the ceiling. The city asked that the downstairs area be returned to business storage only, that bedding and personal effects be removed, that flammable containers be stored outside, that alarm service be restored and maintained, that fire extinguishers be properly mounted, and that door hardware be replaced with compliant push-bar or lever hardware so egress is possible in an emergency.

The hearing examiner said the city sought immediate reduction of the greatest risks and an overall compliance plan tied to the eviction process. The city requested a two-week deadline for removal of bedding and similar items, for alarm servicing, and for filing permit applications for construction issues. Chu and a maintenance representative, Daryl Loane, said those immediate items could be addressed within two weeks while eviction and full clearance would take longer. Loane described difficulties with household dynamics that had slowed removal of items.

The examiner distinguished between discussion, direction and decision: the testimony and exhibits supported a finding that violations occurred; the examiner imposed a staggered compliance timeline (immediate safety items within about two weeks, additional time for eviction/clearance) and said monetary penalties the city proposed would apply if deadlines were missed. The examiner said he would issue a written decision in the next several days reflecting the timetable and fines.

The city’s requested safety items included: removal of bedding and items that enable sleeping, relocation of propane and flammable liquids outside the building, mounting of fire extinguishers, clearance of egress paths and stairways, replacement of noncompliant door hardware, reinstatement and ongoing servicing of the fire alarm system, storage kept at least 24 inches below the ceiling, and permits for unpermitted framed doorways and other work. The examiner emphasized the city’s life-safety concerns for occupants and responding firefighters and ordered the record closed on this matter with a written ruling to follow.