Firefighter union officials contend that policies enacted by the Toledo fire administration contributed to the 2014 deaths of two firefighters.
Speaking in reference to a final federal report issued today by the National Institute for Occupational Safety and Health, Toledo Firefighters Local 92 President Jeff Romstadt said the elimination of a full-time safety officer and a disproportionate number of on-scene probationary firefighters to on-scene command contributed to an unsafe firefighting environment on Jan. 26, 2014.
In that fire, at 528 Magnolia St., in North Toledo, Pvts. Stephen Machcinski, 42, and James “Jamie Dickman,” 31, suffered burns and exposure to carbon monoxide, which ultimately led to the deaths of both men.
VIEW THE REPORT: Full report of the NIOSH firefighter fatality investigation
RELATED ARTICLE: Report lists 8 factors in Toledo firefighter deaths
Mr. Romstadt said that the Toledo Fire Department, starting in the 1990s and enacted by then fire Chief Mike Bell, had three or four full-time safety officers, who were either lieutenants or captains. They were responsible for responding to fires and making sure that proper protocol and best firefighting practices were followed. In 2012, the full-time position was eliminated by Chief Luis Santiago and an alternate safety officer position was implemented.
Under the new protocol, all officers — lieutenants and captains — on the fire department would undergo some training and be able to serve as a safety officer as needed. Mr. Romstadt said the officers received 2 ½ to 3 hours of instruction, although the certification to become a safety officer requires 16 hours of training.
The full-time safety officer position was reinstated in June, 2014, Mr. Romstadt said.
Fire Lt. and spokesman Matthew Hertzfeld could not be immediately reached for comment. Chief Santiago has declined to comment on the report because of a gag order.
Mr. Romstadt and Donato Iorio, a labor attorney who represents the firefighters' union, also said that — as shown in the 46-page report from NIOSH — there were 18 probationary firefighters at the scene of the Magnolia Street fire. Typically, Mr. Romstadt said, there should be a one-to-one ratio of probationary firefighters to officers. On the day of the fatal fire, there were six officers. One of those officers, upon arrival to the scene, was assigned to fill the safety officer role.
Ray Abou-Arab, 62, of Oregon, who owned the building, is accused of setting the fatal fire. He is charged with two counts of aggravated murder, each with death penalty specifications; two counts of murder; eight counts of aggravated arson; and one count of tampering with evidence.
Officials allege that Mr. Abou-Arab started the fire in the garage of the apartment building. A June 29 hearing is set for Mr. Abou-Arab’s attorneys, Pete Rost and Sam Kaplan, to argue that the fire department investigators may have destroyed preliminary fire reports that suggested the blaze started in a kitchen inside the Magnolia Street apartment building rather than in the garage.
The NIOSH report lists eight contributing factors as contributing to the deaths: arson, risk assessment and scene size-up, resource deployment, fireground tactics, inadequate water supply, crew staffing, lack of a full-time safety officer, and no sprinkler system in the building. The report also makes 11 recommendations — including the reimplementation of a full-time safety officer.
Mr. Romstadt said he hopes the administration implements each recommendation.
First Published April 29, 2015, 5:21 p.m.