The Shadow
COVINGTON, Va (Virginian Review) — Official city records obtained through a Freedom of Information Act (FOIA) request revealed that the City of Covington is allegedly not only illegally operating an uncertified building department, but has also apparently allowed the 410 on Main Corporation to host at least 10 or more unpermitted public and private events in their building, even though the building is still considered under construction and operating without required building approvals.
According to official records and statements obtained directly from City officials, documents proving the required approvals are sparse, or “do not exist.” This indicates that the city has potentially failed to enforce or require the building’s owners to obtain the necessary permanent occupancy permits, as well as inspections and approvals from the Fire Marshal for mandatory fire safety compliance before opening their doors to the public.
The Virginian Review also specifically requested all documentation, inspections and approvals from the City’s Fire Marshal, but the city failed to provide any supporting documents. The Virginian Review also called the City Fire Department to confirm any inspections or approvals. They declined and referred the Virginian Review back to the City Building Official.
To further complicate the situation is a concern over the apparent favoritism from City officials to give 410 on Main Corporation relief from the required approvals. The City has partnered with 410 on Main Corporation and it seems to have a direct interest in the building and its operations. The City gifted the building to the company in 2023, and is governing the gift through a Performance Agreement. Because of this official connection, 410 on Main Corporation and its operations are partially open to public scrutiny.
Covington’s building department is also facing stern warnings from State officials for operating in violation of state law since September 2023. Sandi Morris, a Director with the Department of Housing and Community Development (DHCD) issued an official warning to the City in March 2024 of potential civil and criminal liabilities from accidents resulting from any structural failure that had been improperly permitted by the City’s uncertified Building Official. Morris stated, ”This includes where a civil case names the locality and/or the building official as a defendant, or where the building official brings forth a criminal case under the USBC notice of violation section, and thus raising the legitimacy, authority, or certification of the enforcing official.”
As a workaround, the City’s building department has allowed the business’s events to possess a temporary “One-Time Event Certificate of Occupancy” or single-use “COO.” This allows the business to temporarily open its doors to one-off public events. However, according to official records, only 3 out of at least 13 events and possibly up to 20 events have been issued single-use COOs. Since the Building Official is apparently illegally issuing permits, even these three permit issuances are also questionable and could potentially expose the business and the City to both civil or criminal liability as per DHCD Director Morris’s warnings. This situation could also lead to the invalidation of any accident and insurance claims.
Construction and renovation efforts have not been seen at the building for months, and statements from City officials have defended the delays by stating it is being done in “phases.” The Performance Agreement stipulates a minimum of $250,000 investment by the business. Multiple sources have indicated the company may be unable to complete the renovations due to various financial and logistical obstacles and is now apparently relying upon temporary COO’s and favorable considerations from the City Manager and Mayor to continue its full-time business operations. However, issuing a temporary COO is not designed to be an alternative to the permanent Certificate of Occupancy, where the building is fully approved by the City Building Official, The Fire Marshall, and the Department of Health Inspectors.
In a letter dated May 1, 2024, Building Official Michael Mines issued a single-use COO for the Alleghany Highlands Public Schools (AHPS) Prom on May 4, 2024, under stringent conditions. “I am permitting the use of your building at 410 W Main St for a one-time use during the event that is scheduled for Saturday, May 4, 2024, contingent upon you providing a fire watch for all three floors of the building,” Mines wrote.
Under the terms of the COO, the fire watch required three individuals, each assigned to a specific floor (basement, first, and second floors), who were to patrol their respective areas every thirty minutes and keep detailed logs of their activities. Appropriate fire extinguishers are also mandatory, however, it has yet to be confirmed these extinguishers exist.
Mines furthered, “Both sets of stairs from the 1st to the 2nd floor will need to be open and allow access to the first floor. No more than 350 people total are allowed on the 2nd floor at any given time, including staff and the fire watch.” Virginia Code stipulates that commercial buildings must have two separate and distinct exit paths to ensure safe evacuation. These paths must be remote from each other to provide alternative exits in case one is blocked during an emergency.
A recent informal visual observation of the 410 Main St building from the street confirmed that the second stairwell is still partitioned off and allegedly has been inaccessible for several months. This observation reveals a potential direct violation of the single-use Certificate of Occupancy (COO) issued for the building that clearly stated two separate and remote exits were required. There also seem to be no fire exit options for any disabled persons using wheelchairs or crutches in the case of a fire as the elevator is currently the only way out for these attendees. The business was also required to provide Mines with logs from the three fire watch individuals documenting their observations every 30 minutes throughout the event, but as of the date of publication, they do not exist in the City’s official records.
“With up to 350 children and attendees on a second floor, in a building still under construction with questionable building approvals, if a fire broke out and blocked the single egress [stairwell], one entire generation of children would be trapped with no other exit,” said one contractor familiar with the Virginia Building Code. “It seems to me that with just this one event alone, the City of Covington and the owners of the 410 building are knowingly and willingly placing children, parents, and any event attendee directly into harm’s way.”
Currently, there is no indication that the City intends to enforce any of these alleged violations.
