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The California Report

Ghost Ship Trial: Testimony Explores Who is Responsible for Fire Code Compliance

A former Ghost Ship tenant also said she was instructed not to say the warehouse was used residentially.
Sam Lefebvre
The Alameda County Superior Courthouse on April 2, 2019. (Stephanie Lister/KQED)

A senior fire official testified Wednesday in the Ghost Ship trial that whoever changes a building's use is responsible for compliance with safety codes intended to save lives in the event of a blaze.

Cesar Avila, former assistant fire marshal with the City of Oakland, described the differing safety standards for buildings designated assembly, residential and storage, and explained how a change of use can trigger more stringent requirements.

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"Sometimes we refer to the [fire] code as being written in blood and ashes," he said.

The highly technical testimony led to a question from Alameda County prosecutor Casey Bates about who shoulders the responsibility for code compliance. Avila responded that whoever changes the use, whether tenant or landlord, is required to make improvements reflecting relevant safety standards.

Avila appeared in court on the third day of witness testimony in the criminal trial stemming from the 2016 Ghost Ship warehouse fire that killed 36. Master tenant Derick Almena and Max Harris, who's been described as second in command or creative director, each face 36 counts of involuntary manslaughter.

Bates has previously argued that Almena and Harris converted the Fruitvale district warehouse into an unpermitted residence and music venue with willful disregard for fire safety, while the defendants' attorneys have attempted to shift blame to city officials for ignoring dangerous conditions.

The defense attorneys have also said the fire broke out not because of code deficiencies, but because of a band of arsonists in dark clothing, alluding to a conflict between the warehouse and a neighbor.

Avila said buildings designated multi-unit residential require illuminated exit signs and two means of escape, and that an exit leading to a lot surrounded by a fence with a locked gate doesn't qualify. Assembly and residential buildings also require integrated fire suppression and alarm systems, he said.

He also said it's "absolutely not" permissible to have indoor recreational-vehicles used residentially. "A mobile home or RV is not a room," he said. "You could have fuel, fumes [and] propane tanks attached to the RV. ... You could have oil in the car that could help fire spread."

During cross-examination, Harris' defense attorney Curtis Briggs stressed that his client moved in to Ghost Ship after the bulk of the interior construction. Briggs asked Avila if Harris had access to the city database indicating the permitted use of the building, and the witness said no.

In an unusual exchange, Briggs also called Avila's attention to the courtroom's lack of fire sprinklers and exit signs, asking how trial-goers would know how to escape in the event of a fire. Avila responded that because buildings such as the courthouse predate modern fire codes, different standards apply.

During cross-examination by Almena's attorney Tony Serra, Avila said he found no records of the Ghost Ship warehouse being inspected prior to the fire.

In the afternoon, the prosecution called Jennifer Turner to the witness stand. Turner said she rented a space in Ghost Ship for fewer than two months in late 2014 after responding to a Craigslist advertisement for housing in a "psychedelic pirate ship."

During a tour of the space, Turner said Almena and another tenant "explicitly" told her to publicly describe Ghost Ship as a 24-hour artists' studio with public access, not a residence. Turner is expected to continue testifying that she moved out because of safety concerns.

Serra told reporters that he'll show the building owners, the Ng family, knew about the change of use, and emphasized that ultimately the jury must decide who had responsibility for safety at Ghost Ship.

"You watch, we're going to raise reasonable doubt that it was arson," Serra added. "All the fire codes in the world aren't going to take into account what you have to do when there's an arson."

The jury also heard testimony Wednesday from Judy Melinek, a forensic pathologist who conducted autopsies on eight Ghost Ship fire victims and determined they died of smoke inhalation.

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