OKLAHOMA STATE FIRE MARSHAL Inspection Supplement Page 2401 NW 23rd, Suite 4 (Oklahoma City, OK 73107 405-522'5005 File Number: [A0635-089-20 Date: [august 20, 2020 Please list ll extra deficiencies below and submit with the intial Inspection report. fon varaora0z0, agent Be2be ofthe Oklahoma State Fire Marshal's Office was advised by aelizen during |goneral conversation that a restaurant had lust recenty opened at the Roman Nose Lodge, which is owned by [ine Stat of Oklahoma, Site Parks. Agent Beebe checked his records and noted that he had not received a Joermit trom the OSFM Orice and drove tothe area to vert thatthe restaurant was infact opened and lopecating. Agent Beebe was aso in the area to checkin on a previously permitted Roman Nose Park Joathhouse renovation prec. lAgent Seebe arrived at the location and observed a nowy placed restaurant sign that stated Swadle's Foggy Bottom Kitchen. Agont Beobe checked in with the ledge manager and inquired about the restauran\in which |e lodge manager locates the Swadlay's manager to speak with Agent Becbe. Jagent Beebe spoke withthe manager, identied as Misty, and inquired if plans had been submitted the Stao| Fire Marshal for review inwhich she was unaware of Agent Beebe lator spoke with Curt identified as the vico- sidont of Swacly’s, and Curt was brifed on the situation and was also asked if permits had beon issued fr ner remodel ofthe lodgettestaurant owned by the State of Oklahoma. Curt advised that no permits had been lapld for and that they didnt submit plans on ths restaurant or any ofthe other restaurants recortly oponed at State Parks owned by the Stat of Oklahoma. JAgent Beebe advised Curt and the on-site manager that @ complaint would be issued onthe mater and ladvsed them of the process to submit plans for review. Agent Beebe performed a courtesy walk wih tho managers and advised tham of some code Violations and Ife safely issues that were found. It was noted that certain emergency lights and sprinkler heads were blocked by décor and bulding materia. twas noted that th lire alarm fr the entire acty was in trouble mada. ft was nated that naw deen fring annlaneas ha ea installed without the proper system review and that a deep fryer was not protected by a required extinguishing lystem. Agent Bobs then documented the deficiencies with his department issued camara phone. lwnile Agent Beebe was speaking wih Misty (manager), Misty stated that this was a really good deal for |swadloy’s and the Stato of Oklahoma. Mist futhor statod that they (Swadely’s) entered ito aS year contract lwan the Stao of Okahorra and that they would pay the Slate of Oklahoma $100,000 in procaeds forthe fst lyear and then thereafter hey would spit the profs 60/40. |agent Soebe then explaired the complaint form ins entirety o the manager and obtained the required lniormaton forthe repor. The manager signed the complaint form to acknowledge the violations ards [advised that he proper persons would be emailed a copy othe oll stata report. Page tof 4 ‘Agont ‘Suponisor review: a Review date: 8/20/2020OKLAHOMA STATE FIRE MARSHAL inspection Supplement Page 2401 NW 23rd, Suite 4 ‘Oklahoma City, OK 73107 405-522-5005 File Numbor: [40635-089-20 ato: [august 29, 2020 Please ist all extra deficiencies below and submit with the intial Inspection report. [agent Beebe advised both the manager and Gur tha the State Fe Marshal's Otfice would work wth them and] instead of shuting down re restaurant for failure to submit plan or obtain permits. Thay were advised that plans would need to be submitted for review wihin a period of $0 business days from date ofthe ccmplaint report. I there was a faye to comply then the State Fie Marshal may issue a Stop Operations order and shut ne business down untl compliance is met, Jagent Beebe then departed that area and conducted a follow up with Park Manager James Garrett atthe location ofthe bath house remodel that was properly permitted as required by state law. Agent Beebe advised IM. Garrett of the stuatior and advisad him othe complaint process. Agent Beebe also advised Mr Garrett that the division of State Parks and Swadley's were bath at fautin the process for fling to submit plans on a state ovmed and occupiet facility as per state law and thal the situation would ned tobe worked out between tne partes. Agent Beebe then departed the scene and returned to his offs Jon o8r20r2020 at 1408hr, Agent Bobo was thon contacted by Mr. Brent Swacley via phone and was dentitied asthe owner of Swadley’s Restaurants and Foggy Bottom Kitchen. Mr. Swadley asked what the deal was a his facity and Agent Beobe then explained the situation, Iv Swadley thon procoeced to explain to Agent Beebe tha “this s bigger than you and there are ore polites lat play here than you cout ever understand. Let me tll you what happened here and what got this thing goin, |Governor Sut reached ou to me to put my restaurants in his state park.” Mr. Swadley also explained that any Jdocuronts that | subrnt io him willbe forwarded to Governor St and that | wl have to answer to Govemor tit on the mater IM. Swadley continued to explain that he is putting restaurants in nearly evory stato owned park. Me. Swadley asked what was neaded tobe done to comply and Agent Beebe informed him ofthe process. Mr, Swadley then ladvised tha the Watonga Ass. Fre Chiel and Watonga city buling inspector came out othe lacy and gave tne “okay” to occupy and open the business. Me. Swadley was advised that: lt. The Roman Nose State Park is out ofthe cy lis of Watonga. 2. That the City of Watonga has no ursdition over the State of Oklahoma ots properties, especialy those buicings under the authoy ofthe State Fie Marshal, Pago 2 of 4 Agent Supervisor review: Ae Review date: 08/20/2020‘OKLAHOMA STATE FIRE MARSHAL Inspection Supplement Page 2401 NW 23rd, Sulte 4 Oklahoma City, OK 73107 405-522-5005 Flo Number: [A0635-089-20 Date: [august 29, 2020 Peace list ll extra deficiencies below and submit with the intial inspection report lv. Swadiey also advised that there is ro agency that inspects plumbing, mechanical, elecrical ete outside of [tes or inthe unincorporated areas. Mr. Swadiey was advised tat this was incorect and thatthe Construction lIndusties Board can rguiate and inspect those trades. Mr. Swadley was advised thal the OUBCC sets forth line biting codes as adoted by the State of Oklahoma, The codes are the minimums set forth, ard that cies [can enforce a stricter code but not less than the cades set forth by the State of Oklahoma, lagent Secbe acvised Mr. Swadley tha itis often misconstrued or purposely avoided that no permis are required in unincorporated areas ofthe state and that thre aren regulations regarding ths. Mr. Swadiey was. [also advised that the Stale Fie Marshal overseas the enti Stato of Oklahoma wih exception of rose cies or liowns that provide documentation that they are requesting o oversee their own cities or twns respoctively [Agent Beebe also advised Mr. Swadley that if Governor Sit would lke to sit down and discuss the ssues, then lite Okiahoma Stato Fire Uarshals Office would be more than wiling to speak with Governor Stit regarding the |code requirements set foth by the Oklahoma Uniform Bulding Code Commission. M. Swadiey advieed that [you can deal withthe Governor and Jery Winchester then, I ust be the mile man’, Agent Beebe thanked Iv Swadley for his phone call and advised him to reach out he had further questions Jon osrzav2020 at 1464nrs,Agont Boobe received a phone call rom the Stata of Oklahoma, Deputy Director of Tourism, Gino DeMarco. ti. DeMarco inquired as tothe situation involving Mr. Brent Swadley and his, restaurants. Mr. DeMarco was advised, ie all other partes involved, ofthe state laws that govern the building land io codes of Oklahoma. Mr. DeMarco also hintod as o the grandiosity of the projects and the fect on fourm within the State o! Oklahoma, |agent Beebe advised Mr, Demarco numerous times that he should be speaking with the State Fire Marshal of loxianoma regarding the matter. gant Beabe later advised Mr. DeMarco that the public, employeer, and all Jor persons entering a state bulaing or anyother commercial business should be affoced the aily and havea right o enter a buiding propery constructed and maintained tothe minimum state bulaing, tre, and ite satety codes of Oklahome. Jagent Beebe advised Mr. Demarco numerous times that he lavs of Oklahoma state you shall abt a building permit om the authorty having jurisdiction and in this case, al state owned, occupied, or atherwie shal bo lundor the authority ofthe State Fre Marshal Mr. DeMarco hinted that he knows tha the laws of Okahoma. |son' really apply to the Sate of Oklahoma tel ang that they don't have fo permit or submit plans othe State Fite Marshal by order oftheir general legal counsel Page sol 4 ‘Agent: ‘Supervisor review: i Rass Review date: 08/20/2020OKLAHOMA STATE FIRE MARSHAL Inspection Supplement Page 2401 NW 23rd, Suite 4 (Oklahoma City, OK 73107 405-522°5005 File Number: [A0835-089-20 Date: [august 23,2020 Pease ist all extra deficiencies below and submit with te intial inspection report Me. DeMarco then stated several times “what are we reall after here, are we realy after code compliance’, what wilt tako for his tobe taken care of and satisfy al patos, can wo just have an inspector vey thatthe )ilations you noted are oxeect and not wory about plans” JAgent Beebe again advised Mr. DeMarco that he (Beebo) fllws and enforces the laws set forth bythe State Jot Oklahoma. Agent Beebe advised that what needs to happen is for Mr. Swadiey or the State Parks to property| submit the required plans for review and approval by the State Fire Marshal's Ofc. IM. DeMarco also advsec that his mattr was approved by the fire marshal last Apil and that there was an that no permits o plans would need tobe submited tothe fire marshal for view. Agent Beabe advised thatthe previous ive marshal was Robert Doke and that the curren re marshal would not have made Jsuch arrangement, however if he wished to speak with Fire Marshal Hickman about circumventing fhe laws of JOklahoma then he would aed to take that matter un with him, JAgent Babe advised Mr. Demarco that t would be wis fr all partes to sit down in a meeting and discuss the requirements for compliarce. Agent Beebe issued the phone number forthe State Fire Marshal's Ofce to Mr |DeMarco so that he could speak with Fre Marshal Hickman. ln closing, Mr. Demarco sated he hoped al parties could work together in which Agent Beebe also stated that lhe was witing to sit down atthe table and to work withthe partes involved but under the ltr of th aw. JAgent Beebe then made contact with his supervisor to advise him ofthe situation and advised Fie Marshal [Hickman ofthe phone cal and statements made. [The building and fre codes ae signed into law by legislation and enforced bythe respective ens. It should loc impocant to note that not one person o business Is above the laws of the State of Oklahoma nr is the. state of Oklenoma ise. [Every Oklahoman has the right to enter any publi, state owned faclty and or any commercial bulking while Jocing afforded tne right to safe and properly constructed building that isn compliance with the te, building, land ite sataty codes. As history has shown, those notin compliance are at Tar greater risk of agecy and oss lor ito, tis our hope that wo can work together while remaining committed to maintaining the mos: level of ie [satoty by making all Oklahoma buildings as sale as possible through congruent and consistent cod lontorcoment. Page ola Agent Supervisor view: TB, Qu Que Review date: 8/202020