PropertyManagementMaven: October 2009

LANDLORDS * Do NOT remove the batteries from your unit SMOKE DETECTORS!!

The death of a tenant in Ampy Smith's rental units AGAIN stresses that area landlords are REQUIRED by LAW to maintain the smoke alarms in their rental units.  Smith is quoted in The Hook as having REMOVED all of the batters in the smoke alarms of his 9 townhouses.

From The Hook * OctoberAcclaimed local drummer Johnny Gilmore has died in a fire, and his father was hospitalized after the blaze erupted Thursday night in the musician's room at the Green Leaf Townhouses in midtown on Fifth Street, SW.

"I was talking to him an hour or an hour and a half before it happened," says Rougemont Avenue resident Kenneth Jackson, who was visiting his sister in the unit adjacent to Gilmore's in the nine-unit apartment complex. "He was sitting on the wall, and we were talking about music."

Music was the 45-year-old's life, say those who heard the Johnny Gilmore Trio, Soko, and other artists, such as Corey Harris, with whom he drummed.

"Everybody who's anybody musically in this town played with Johnny Gilmore," says singer-songwriter William Walter, who recently collaborated with him and Tucker Rogers on a live album called Rough Around the Edges.

"Johnny Gilmore's the best musician I've ever met in my life," enthused Charlottesville music critic Stephen Barling in a 2006 round-table. "And that's the truth."

"I went down to Miller's last night, and everyone was just staggering around," Barling says Friday morning. "I'm listening to Soko right now, where Johnny's playing with LeRoi,"- that's LeRoi Moore, the late saxophonist for Dave Matthews Band.

With musical talent, however, came a sort of semi-seclusion that made it hard for musicians and others to reach Gilmore at times.



Students at a state Fire Marshal's class examined a charred futon and other debris the morning after.

The landlord at the complex where Gilmore lived with his father, Curtis, says that the younger Gilmore's bedroom door was often locked.

"We never could get in his room," says landlord Ampy Smith, mentioning an effort just a day earlier to gain access to measure for window blinds.

And indeed, when the elder Gilmore arrived home the night of the fire, according to Charlottesville fire officials, he smelled smoke and rushed upstairs only to find his son's room locked.

His efforts to break down the door failed, explained Charlottesville Fire Marshal W.A. Hogsten at an October 23 press conference, and by the time firefighters arrived on the scene about five minutes after the 9:25pm 911 call came in, the room had already "flashed over," a condition in which the temperature has risen so high (typically 1,100 degrees Fahrenheit) that material suddenly combusts.

Three early-arriving police officers attempted to reach the room to rescue Gilmore but were turned back by smoke and heat. One was treated and released for smoke inhalation at UVA hospital. Curtis Gilmore, 73, was also treated for smoke inhalation and released the same night.

"This is a tragedy," says landlord Smith. "Both of them are really nice people."

Hogsten says the smoke detector in Gilmore's unit was in an upstairs hallway and appeared to be without a battery. Smith says he's gotten frustrated that tenants sometimes disable the units due to false alarms originating with kitchen smoke- and in fact, firefighters discovered that every single smoke detector present in the 9-unit apartment complex had been disabled or removed.

According to a pair of summer 2008 tests conducted by local fire departments and this newspaper, the most common type of detector, ionization, tends to false alarm eight times more frequently than the competing technology, but fails to promptly detect smoldering fires, the kind most likely to kill people while they sleep.

While Hogsten says it's too soon to be certain what killed Gilmore, the initial investigation suggests it was an accidental fire, and cigarettes- a common cause of smoldering fires- were present in the room.

"This did not need to happen," said Fire Chief Werner, who at today's press conference announced a "call to action" for landlords, homeowners, neighborhood associations, and service organizations to help ensure that every residence in the city is equipped with a smoke detector. And for the first time, Werner made clear that ionization-only detectors- the kind in most homes- are simply not sufficient.

"We think you need to go to the next step and add a dual detector," said Werner, who has maintained his support for the combination technology even as several states have changed their laws in favor of photoelectric-only detectors, and various fire safety organizations have also embraced the technology for its avoidance of false alarms.

Werner says Gilmore's death is a reminder to the fire department that even with a free smoke detector program, "We have more to do."

And, perhaps, that will be one more piece of Gilmore's legacy- one those who knew him say will be large.

"His God-given talent and his passion shouldn't pass Charlottesville by quietly," says Charlottesville musician William Walter. "There will never be another Johnny Gilmore.

From Virginia Fire Code

ARTICLE 5. Smoke Detectors Section 61-5-1. Scope.

In addition to the requirements of the Virginia Uniform Statewide Building Code (VUSBC), and in accordance with authority provided by Code of Virginia, Section 15.2-922, the provisions of this Article shall govern the installation and maintenance of smoke detectors. (9-84-61; 29-84-61; 23-94-61; 13-95-61; 16-98-61;5-02-61.)

Section 61-5-2. Where required.

Smoke detectors shall be installed in the following structures regardless of when constructed:

a) All buildings containing one (1) or more dwelling units.

b) Hotels or motels regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one (1) or more persons.

(c) Rooming houses regularly used, offered for, or intended to be used

to provide overnight sleeping accommodations.

(d) College or university buildings containing dormitories for sleeping purposes.

(e) All local and regional detention homes, group homes, and other residential care facilities for children or juveniles which are operated by or under the Department of Juvenile Justice.

(f) All adult care residences and adult day care centers licensed by the Department of Social Services. (9-84-61; 23-94-61; 13-95-61; 16-98-61; 5-02-61.)

Section 61-5-3. Installation requirements.

(a) Smoke detectors installed pursuant to this Article shall be installed in conformance with the provisions of the VUSBC.

(b) Appropriate permits as required by the VUSBC shall be secured for the installation for the installation of AC-powered smoke detectors; however, no fee will be charged for the permit.

(c) The smoke detectors shall be installed in locations specified in the applicable sections of the VUSBC. (23-94-61; 13-95-61; 16-98-61; 5-02-61; 15-05-61.)

Section 61-5-4. Responsibilities for rented or leased units.

The owner of any unit which is rented or leased, at the beginning of each tenancy and at least annually thereafter, shall furnish the tenant with a certificate that all required smoke detectors are present, have been inspected, and are in good working order.  Except for smoke detectors located in hallways, stairwells, and other public or common areas of multi-family buildings, interim testing, repair, and maintenance of smoke detectors in rented or leased units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair or replace any malfunctioning smoke detectors within five (5) days of receipt of written notice from the tenant that such smoke detector is in need of service, repair, or replacement.


Landlords shall notify deaf or hearing-impaired tenants of the availability of special smoke detectors. New tenants shall be asked, in writing, at the time of rental, whether visual smoke detectors will be needed. Upon request, the landlord or proprietor shall provide visual smoke detectors, which have an effective intensity of not less than 100 candela, to any deaf or hearing-impaired occupant of any of the following occupancies, regardless of when constructed:

(a) All dormitory buildings arranged for the shelter and sleeping accommodations of more than twenty individuals.

(b) All multiple-family dwellings having more than two dwelling units, including all dormitories, boarding and lodging houses arranged for shelter and sleeping accommodations of more than five individuals.

(c) All buildings arranged for use as single-family attached or detached dwelling units. (23-94-61; 13-95-61; 16-98-61; 5-02-61.)

Section 61-5-5. Enforcement.

The Building, Building Maintenance Official and/or Fire Official are authorized to administer and enforce this Article. (29-84-61; 23-94-61; 13-95-61; 16-98-61; 5-02-61; 15-05-61.)

Section 61-5-6. Relation to other codes.

Nothing in this Article shall excuse any building owner from compliance with all other applicable provisions of the VUSBC and the Code of the County of Fairfax. (9-84-61; 23-94-61; 13-95-61; 16-98-61; 5-02-61.)


Wallace S. Gibson, CPM

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Comment balloon 10 commentsWallace S. Gibson, CPM • October 30 2009 02:52PM
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