The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Wednesday, August 2, 1995              TAG: 9508020001
SECTION: FRONT                    PAGE: A12  EDITION: FINAL 
TYPE: Editorial 
                                             LENGTH: Medium:   68 lines

JOB IS BURIED IN THE STATE HOUSING DEPARTMENT FREE THE FIRE MARSHAL

After 12 people died in a 1989 fire at Hillhaven Rehabilitation and Convalescent Center in Norfolk, it was learned that the nursing home had no sprinkler system and that none was required.

State Sen. Stanley C. Walker, a Democrat whose district included Hillhaven, subsequently attempted to have the state require sprinklers in all nursing homes and hospitals.

He succeeded with nursing homes, after firefighters from around the state testified that no life had ever been lost in a nursing home with a sprinkler system. The move to require sprinkler systems in all hospitals died, however, after the Department of Housing and Community Development, under which the state fire marshal serves, argued against the requirement. State housing department officials said the costs were prohibitive, most hospitals already had sprinkler systems and there had been few fire fatalities.

This past Near Year's Eve, five patients died in a fourth-floor fire at the Southside Regional Medical Center, a hospital in Petersburg that had no sprinkler system. In the wake of that fire, Del. Jay W. DeBoer, D-Petersburg, successfully pushed through a bill requiring sprinkler systems at all hospitals.

In both cases, multi-deaths occurred before preventive action was taken. ``In Virginia,'' Senator Walker said, ``we move right slow sometimes.''

The next step toward making Virginia safer from fires would be to move the state fire marshal's office from the state housing department, which is concerned mainly with housing, to the Department of Public Safety, which is concerned mainly with safety.

As things stand, the state fire marshal, Jack C. Proctor, also serves as deputy director of the state housing department. He inherited the job of fire marshal during the 1991 budget crunch and said he spends about a fifth of his time wearing the fire marshal's hat.

``I am not given the responsibility of advocacy,'' Proctor told the Richmond Times-Dispatch. ``That is not my job to initiate code changes. The Board of Housing does that, and they (make code changes) in response to interest groups that come to our board and submit code changes.''

Those interest groups, Senator Walker said, include developers, Realtors and construction companies.

He said the state housing department has done a ``splendid job in upgrading housing in Virginia.'' Fire protection, however, ``is not No. 1 on the housing department's agenda,'' he added.

Three studies in the past six years have recommended placing the fire marshal's job in the Department of Public Safety or at least making it more visible.

Michael Mohler, president of the Virginia Professional Firefighters Association and a captain with the Fairfax County Fire Department, said the professional firefighters favor removing the state fire marshal from the housing department.

``We know developers in the state of Virginia have significant influence and control of that department,'' he said.

Senator Walker said he will push next year for legislation moving the fire marshal to the public-safety department, where, he said, fire safety would receive greater emphasis.

Or as Delegate DeBoer put it, ``It always seemed to me, with due respect to building-inspection officials, that public-safety officers do their job with more enthusiasm, with fire in their belly.''

The legislation should be enacted. The right place for the state fire marshal is in the state Department of Public Safety. by CNB