Marshall landlord dodges fire code via

Eviction notices have been removed from six off-campus residences near Marshall University in Huntington, West Virginia. The signs were taken down after landlord Dennis Johnson changed the properties' legal occupancy classifications, a move that exempts them from the West Virginia State Fire Code.

The Huntington Fire Department placed the eviction signs after the buildings failed safety inspections. Dozens of Marshall University students, including members of three fraternities, were forced to leave. The fire department states the removal of the notices is solely due to the reclassification and does not mean the buildings are now safe to occupy.

Occupancy change removes state oversight

According to a statement from the Huntington Fire Department, property owner Dennis Johnson chose to change the occupancy classifications for the six buildings. They were previously classified as lodging or rooming houses, which must comply with the state fire code. Johnson's company, Universal Holdings LLC, changed the classification to one- or two-family dwellings.

This new classification exempts the properties from the application of the State Fire Code. The fire department's statement clarifies the implications. It is important to clearly distinguish a change in occupancy classification from a determination that a building is safe. The Bureau of Fire Prevention has not made a determination that these buildings are safe as a result of the occupancy change.

The statement adds that the change does not correct the physical safety problems found during inspections. It merely places the properties into a category with different regulatory requirements. Occupancy has been reduced at each property, and access to the third floor of each building has been eliminated.

Dozens of safety violations documented

Inspection reports detailed numerous fire and life-safety violations at each of the six properties on 5th Avenue. The buildings include three fraternity houses: Kappa Sigma, Alpha Sigma Phi, and Sigma Alpha Epsilon.

The reports list many violations per property. Issues included broken fire alarms, improperly installed gas lines, missing carbon monoxide alarms, missing fire extinguishers, rotting porch structures, and other structural problems.

One property had a sign from the Huntington Fire Marshal reading Do not enter. Unsafe to occupy. Landlord Dennis Johnson stated that particular building had been unoccupied at the time the eviction notices were posted.

Students in temporary hotel housing

The eviction left dozens of Marshall University students without permanent housing. The university is providing temporary rooms at the DoubleTree Hotel in downtown Huntington. This arrangement is only guaranteed until early September.

Students still do not have a long-term housing solution. WSAZ reports that city officials are meeting with Marshall University to determine the next steps. With the state fire code no longer applicable, jurisdiction over the properties now falls to Huntington city inspectors.

In a statement provided to WSAZ, landlord Dennis Johnson claimed the immediate fire and life-safety concerns have been resolved. We recognize that this situation has been tough for students and families, and we accept responsibility for addressing the issues identified through the inspection process, Johnson wrote. Our focus remains on completing the remaining work as quickly as possible and supporting the students affected.

The fire department's statement contradicts the assertion that safety concerns are resolved, emphasizing the change was purely administrative. The future safety inspections will now be conducted under city, rather than state, authority.