For the family and friends of Michael Moore and James Ford, the voids will never be filled, the wounds will never be healed.
The deaths of the two young men from Biddeford, caused by a fire that ripped through a downtown building in September 2014, had a profound impact on those who loved Michael and James, as well as the firefighters and medical personnel who tried to save them.
As the attorney for the two families, I witnessed the depth of their grief. What makes it even harder for them is the fact that the deaths were 100 percent preventable. There were more than 20 safety violations at the 35 Main St. building where Michael and James lived in a third-floor apartment. If the building had been up to code, and the men could have accessed a safe way out, they almost certainly would have lived. That was the conclusion reached by multiple experts who reviewed the case, including investigators from the State Fire Marshal’s Office.
We can’t go back and make it right for the two friends who died in 2014. But out of tragedy, we can seize upon the opportunity for change.
The City of Biddeford is stepping up to do just that, and I applaud them for it. The City Council has voted to hire an extra inspector to ramp up inspections of apartment buildings. They are starting with the multi-unit buildings that line Main Street, with a larger goal of getting to more than 600 buildings throughout Biddeford in the next few years. This proactive approach represents a major change from past practice, when inspectors typically would only be able to respond to a complaint.
Smoke detectors, means of egress, electrical systems, fire alarm systems, sprinkler systems and other features are all considered during the inspections. If code violations are documented, the Code Enforcement Office will notify the property owner and work with him or her on a plan of action to fix the problems and keep tenants safe.
No doubt, it will take unprecedented collaboration between the city and its property owners to execute the city’s ambitious program. With the age of the buildings and the sheer volume to be inspected, it is a serious challenge. But what are the alternatives? Do nothing? We have seen too much tragedy to continue with the status quo.
The 35 Main St. fire in Biddeford, and the Noyes Street fire in Portland that killed six people on Nov. 1, 2014, served as wake-up calls to communities throughout Maine. The high-profile fires have forced municipal leaders and property owners to re-evaluate relationships, some of which have been adversarial in the past. Everyone can agree that preventable deaths, such as those caused by unsafe housing conditions, are unacceptable in an age when fire science tells us what we need to get out alive.
No one understands this better than the Moore and Ford families. They hope that by shining a light on the code violations at 35 Main St., and by holding the landlord accountable, they can prevent similar tragedies from happening in the future. We urge all landlords and municipalities to check properties for compliance with the National Fire Protection Association Life Safety Code. Tenants should ask their landlords and local fire departments for inspections and instructions on how to escape in case of emergency.
The truth is, we all failed Michael Moore and James Ford. As a community, we have not done enough to make sure buildings are safe for occupants. We certainly have not done enough to provide renters with the same level of safety and security as homeowners. But we have the ability to right those wrongs. We have the tools to prevent fire deaths, now we need to use them.
— Michael Bigos, originally from York County, is a trial attorney at Berman & Simmons.
Comments are not available on this story.
Send questions/comments to the editors.
