PORTLAND, Maine — Questions about tenant involvement — or lack thereof — continued to needle a Portland task force charged with reviewing city fire and codes inspections procedures Tuesday night.
Interim City Manager Sheila Hill-Christian appointed the panel, aided in part by Boston Deputy Fire Chief Joseph Fleming, in the aftermath of the 20-24 Noyes St. blaze that claimed the lives of six people.
The task force held its first public hearing Tuesday night on its list of recommended steps to help ensure more effective inspections of city rental properties.
Despite months of heavy coverage of the Noyes Street fire and its aftermath, however, just a few members of the public took the opportunity Tuesday to address the panel.
One criticism that has plagued the task force since its members were named in late November is that no apartment building tenants serving in that capacity were included in the group. That complaint arose again Tuesday at the task force’s public hearing.
“There is no tenant representation on this task force, and I think that’s a very serious oversight by the city,” Carol McCracken, a Munjoy Hill blogger and longtime tenant, told the panel. “There are two landlords here, and I think a very important voice was missing from this task force.”
Many tenants in the city have become outspoken about the safety conditions in Portland apartments since the Noyes Street fire, coming together in a group that calls itself the Portland Tenants’ Coalition.
In the aftermath of the blaze, landlord Gregory Nisbet has been served three wrongful death lawsuits from victims’ family members. Residents of another of his buildings, at 188 Dartmouth St., went on television to claim their building is in dangerous disrepair, and a city inspection subsequently turned up numerous fire and safety code violations.
The Noyes Street fire was Maine’s deadliest in four decades.
Portland Fire Chief Jerome LaMoria and State Fire Marshal Joseph Thomas held a news conference last month to announce investigators determined the fire was accidental, caused by the improper disposal of cigarettes in a porch smoking receptacle placed too closely to combustibles.
But LaMoria also said investigators were concerned by apparently disabled smoke detectors and blocked exits and that the fire marshal’s report would be turned over to the district attorney’s office to determine whether any criminal charges would be necessary.
The Noyes Street property had been the subject of 16 neighbor complaints dating back to 2003, including several about trash and combustibles at the property.
The magnitude of the tragedy and track record of complaints motivated Hill-Christian to assemble the task force to look into how the city performs and tracks its fire and codes inspections.
After more than two months of research and deliberation, the task force is circulating its suggested changes, which include the following:
— Aggressive public education on safety, such as the importance of working smoke detectors and clear exits.
— Holding landlords and tenants more accountable for building safety, largely through greater enforcement of current rules requiring landlords to register with the city annually and pay fees if violations force the city to re-inspect properties.
— Increase routine inspections of residential properties with three or more units by Portland Fire Department personnel.
— Implement a risk-based prioritization for inspections using a formula that factors in building ages, previous complaint histories, locations and construction types, among other criteria.
— Add inspection capacity either by hiring more building inspectors or — more likely given budget constraints — cross-train other city workers to take on inspection duties or at least recognize and report potentially troubled properties.
— Put in place a city housing safety official who would oversee the implementation of the recommendations and coordinate people and resources between departments to get the work done.
Portland City Hall estimates there are 3,600 rental apartment buildings in the city.
Carol Schiller — president of the University Neighborhood Organization, whose area includes 20-24 Noyes St. — urged the task force to fight for the city funding necessary to implement its recommendations.
“Without the budget, it’s just going to go back to the way things were, and we can’t afford to go back to the way things were,” she said. “I’ve gotten to know some of the families of the victims of this tragedy, and the pain and suffering they’re going to endure for years and years is just something most of us can’t wrap our arms around.”
Robert Hains, who long owned apartments in the city, told the task force Tuesday he always tested smoke alarms alongside tenants when they moved in, then both parties signed a document agreeing they worked and the unit was safe. After that, he said, the tenants were responsible for putting in fresh batteries or alerting him when changes were necessary.
“If you have good tenants, you might not go into the apartment more than once a year,” he said. “The landlord has no way of knowing.”
Tom MacMillan, one of seven Portland Tenants’ Coalition board members, said a safety sign-off between landlords and tenants could be a bad deal for tenants. He said many low-income tenants are desperate for housing and could be pressured into signing a document agreeing a building is safe when it isn’t, then finding themselves legally liable if something goes wrong.
MacMillan, who arrived at the meeting after the period for public comments was closed, spoke to reporters after the task force adjourned.
He said the task force should also consider an ordinance preventing utility companies from turning off utilities on tenants when landlords responsible for paying those bills stop doing so. MacMillan added he felt the city should employ an ombudsman of sorts to help settle disputes between landlords and tenants.
He also reiterated criticisms leveled during the meeting by McCracken.
“They railroaded this through,” he said of the task force and its slate of recommendations. “They were purposefully exclusive to city staff and landlords and real estate people.”
During the meeting, Hill-Christian defended the makeup of the task force, which includes a Pine Tree Legal Assistance attorney who specializes in representing tenants.
“At the time of the formation of the task force, I wasn’t aware of any tenants group or committee,” the acting city manager said. “I know that one has formed since the task force has gotten under way, and as we move forward, we’ll consider their input.”
The task force is scheduled to turn its final slate of recommendations over to the City Council’s Public Safety, Health and Human Services Committee for a Feb. 10 review.
The city also has established a telephone hotline and email account for residents with fire safety questions or concerns, which can be accessed by calling 482-LIFE (5433) or emailing life@portlandmaine.gov.
The Nov. 1 fire at 20-24 Noyes St. claimed the lives of tenants David Bragdon Jr., 27; Ashley Thomas, 29; and Nicole Finlay, 26; as well as apartment visitors Christopher Conlee, 25, of Portland; Rockland resident Steven Summers, 29; and Topsham resident Maelisha Jackson, 26.
