R.I. Attorney General Peter F. Kilmartin would like business owners to take the case of Extreme Fitness as a warning to business owners everywhere. Shortcut fire inspections and he will take you to court.
In February, Kilmartin announced he would shut down the Extreme Fitness health studio in Cranston for a month after its owner falsified a required fire inspection report. Kilmartin recently took some time to discuss the case with Providence Business News and the broader issue of complying with fire codes.
PBN: On Feb. 8, the attorney general’s office announced it would order Extreme Fitness to shut down temporarily because its owner falsified a fire inspection report. Has this ever happened before?
KILMARTIN: Based on our records, this is the first time the office received an application with an altered document, and the first time we took administrative and criminal action in the matter. We receive numerous applications from businesses and individuals, and while there may be missing documents from time to time, we don’t see deliberately altered ones.
I would like to extend appreciation to our investigators in the Consumer Protection Unit for noticing the altered document and for working with the Cranston Fire Department to take swift action against Extreme Fitness.
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PBN: So how did this case make it to the attorney general’s office? Wouldn’t this fall under an agency like the Department of Business Regulation or the local building official?
KILMARTIN: Under Rhode Island General Law, health club facilities must register annually with the Office of the Attorney General. Registration and renewals must include a certification from the local fire department confirming that the facility is in compliance with local fire code.
This case was a renewal registration, which requires an application and a document from the local fire department showing that the facility complies with the fire code. It is an added measure of safety for the patrons of health clubs in that our annual renewals assure that facilities remain safe and up to date with safety measures.
PBN: Are there types of businesses that are also subject to this kind of supervision by the attorney general’s office?
KILMARTIN: There are some businesses that are licensed through the Office of the Attorney General, such as precious metal dealers and telemarketers but, of the businesses that must register with this office, only health club facilities require certification of fire inspection.
In 1996, the General Assembly enacted the Health Club Act in response to a rise in health club facilities closing after only a few months in business without refunding consumers for the services contracted. The goal of the act was to protect the patrons from unsavory business owners and unsafe facilities.
PBN: Returning to the Extreme Fitness case, is this an outlier or are there signs that other business owners are circumventing the proper review process?
KILMARTIN: This is the first time we have encountered such an action. I believe that most businesses operate within the bounds of the law. I hope that this is a onetime occurrence and the prompt action in this case gets the right message out to all businesses. Don’t do it. It’s that simple.
It is always in the best interest of all businesses to comply with local and state laws. Businesses that cut corners are short-changing their customers. In this case, however, by cutting corners and not complying with local fire code, Extreme Fitness may have put the health and safety of their customers at risk. That is inexcusable.
PBN: Ever since The Station nightclub fire, the state has placed a strong emphasis on fire code. Is there a particular interest in the attorney general’s office to place fire code issues high on the list of priorities?
KILMARTIN: The attorney general’s office places a high priority on the safety of the public we serve. Certification of compliance with fire regulations is an important element of the registration and renewal application, and the required inspection is a necessity to ensure the safety and protection of the members who use health club facilities.
By submitting an altered certificate and flagrantly disregarding state law, [the owner Brian] Gosselin potentially exposed all users of the facility to great risk. [After the] Station nightclub fire, there is a heightened sense of awareness of the fire code and considerable scrutiny of those who fail to comply with the fire code. While fire code enforcement is, and always will be, of high priority enforcement, I consider compliance with all laws, especially those that are meant to protect the public, high priority.
