April 10--An attorney representing the family of two children killed in a fire two weeks ago said the apartment complex owner was responsible for checking and maintaining the smoke detectors.
Gary Conchin, of Wolfe, Jones, Conchin, Wolfe, Hancock & Daniel LLC in Huntsville, cites several codes, including the NFPA 72 National Fire Alarm Code.
But Decatur attorney Barney Lovelace -- representing Triad Funding Corp., the owner of West Ridge Apartments where the fire occurred -- said according to the lease agreement, tenants are responsible for checking their smoke alarm every three months.
Dexter Miland Sr. and his wife, Tanetha, lost two of their children -- Dexter Miland Jr., 2, and MarLena Miland, 4 -- in the March 27 fire.
Fire investigators have not determined a cause for the blaze.
Tanetha Miland's son, Paris Donaldson Jr., 8, escaped the fire after alerting his parents. The fire started in the children's bedroom; the Milands contend their smoke detector did not sound and alert them to the blaze.
"A document supplied by the owner's retained expert shows (the fire) either started on the lowest part of the wall (in the children's bedroom) or the floor," Conchin said.
"I have also heard there was not a loss of power during the fire. That's my understanding, which makes it even harder to realize that none of the smoke detectors didn't work."
There was one smoke detector -- in the living room -- in the Fifth Avenue Southwest apartment. The smoke detectors in the complex are hard-wired, with a battery backup.
Lovelace, of Harris, Caddell & Shanks P.C., said he is awaiting the final investigative report. He said he received a letter from an attorney representing the parents of the children the day after the fire and he has been communicating with the attorney since.
"We remain mindful that this fire resulted in the tragic loss of two children's lives," Lovelace said. "We await the results of the investigation by the Decatur and state fire marshals."
Conchin contends Lovelace's client was responsible for making sure the detectors were working. He cited code from the National Fire Protection Association, stating, "For smoke and heat detectors, the minimum acceptable frequencies are semi-annual visual inspection and annual performance testing ... the responsibility of the building owner or manager is to ensure that qualified and experienced personnel do this type of testing, and that records are kept."
Conchin said he also has a copy of the Miland's lease, and that it does not override state law.
Decatur Fire Marshal Jason Jones reiterated Wednesday the fire scene investigation has concluded, but not the investigation as a whole.
"We're still trying to schedule Paris for an interview, and we want to reschedule some other interviews, including witnesses, neighbors and other people who were there," he said. "We know the smoke detectors were in place, and we know they were hooked up for sure."
Jones said investigators "have an area of origin in the bedroom, but not the exact cause of the fire."
Conchin said he also wants to talk with Donaldson, a student at Leon Sheffield Magnet Elementary.
"His parents said he had some issues, and they want to get him assistance," Conchin said.
Ronnie Thomas can be reached at 256-340-2438 or [email protected]. Follow on Twitter @DD_RonnieThomas.
Copyright 2014 - The Decatur Daily, Ala.
