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N.C. Labor Chief Criticizes Health Office in Jail Fire
By Associated Press
Published: 12/24/2002


North Carolina's labor commissioner is publicly chiding another state agency for missing fire safety problems at the Mitchell County Jail.
The lack of oversight by the Department of Health and Human Services may have contributed to the unsafe conditions that led to the deaths of eight inmates during a May 3 blaze at the Bakersville lockup, Commissioner Cherie Berry said.
'If we had had the authority, we would have cited them,' Berry said. 'If they ... had remedied the situation, then perhaps that could have played a role in preventing the type of tragic situation that occurred.'
The Department of Labor, which investigates workplace accidents, issued its report on the state's worst jail fire last month.
It raises the question of whether Health and Human Services -- responsible for inspecting jails twice a year -- needs more jail inspectors and could lead to changes in inspection responsibilities for jails.
Robert Fitzgerald, director of facilities services for DHHS, said his agency had done nothing wrong and hoped to avoid a confrontation with the Labor Department.
Local building inspectors and fire marshals are responsible for a jail's fire safety, and the Labor Department fined Mitchell County for not finding and fixing code violations at an attached storage room where the fire started. The $7,350 fine was reduced to $1,500 when Mitchell County said it would not reoccupy the jail.
DHHS is charged with ensuring inmates' health and safety by checking on such things as fire-safe mattresses, regulation locking systems, adequate sanitation and effective evacuation plans.
Labor officials say DHHS also should watch for problems such as lack of fire doors and walls.



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