By JOE SONKA | August 6, 2019 4:35 pm
The Metro Department of Codes and Regulations issued a written warning on May 31 to a contractor working on the construction of a new twin hotel project on Whiskey Row downtown, declaring that it was violating state and city law by subcontracting an unlicensed company to install the hotels’ fire sprinkler system.
A spokeswoman from Louisville Forward also confirmed that the unlicensed subcontractor improperly installed the hotels’ sprinkler system, which was now being replaced by new contractors.
The 14-story twin hotels being constructed on First and Main streets are that of Hotel Distiland Moxy, a project of Indiana-based hospitality company White Lodging that is scheduled to open in November.
The Codes and Regulations administrative warning was sent to SimplexGrinnell – a fire sprinkler company that is a subsidiary of international giant Johnson Controls – which was the designated contractor permitted by the city to install the hotels’ sprinkler system, having received the proper licensing from the city and state.
However, the warning letter went on to state that the subcontractor hired by SimplexGrinnell to install the sprinkler system “did not hold any type of Kentucky Fire Sprinkler License,” adding that it is a violation of state law to have such a system worked on by someone other than the certificate holder.
The warning letter from Codes and Regulations executive administrator Paul Nicholson added that it was the department’s understanding that SimplexGrinnell “remedied the situation” and was now in compliance with the law, but warned that any further violations “may be subject to further action being taken, up to and concluding suspension of your current license with Metro Louisville.”
A Louisville Forward spokeswoman, Caitlin Bowling, confirmed to Insider Louisville that the unlicensed subcontractor was IMP Mechanical, a firm based in Fayetteville, Ga., and that some of its work on the fire sprinkler system was improper and had to be reinstalled.
Bowling said that Codes and Regulations is “making sure things are installed correctly and there are licensed workers,” adding that the department has been “working with the developers and contractors to make sure everything is in order.” She also stated that warnings are typically issued before formal citations for violating city and state codes, as it gives contractors an opportunity to rectify the problem.
Spokespersons for White Lodging, SimplexGrinnell and Johnson Controls have not yet replied to emailed questions for this article.
Thomasina Brown, a registered agent with IMP Mechanical, told Insider that she vigorously disagreed with the assertion of Codes and Regulations in the warning letter about the subcontractor having to be licensed in Kentucky, saying that since the company’s workers were independent contractors instead of employees, only Johnson Controls had to be licensed.
Todd Johnson, a local union organizer for the Road Sprinkler Fitters UA Local 669, told Insider that he and others warned state and city departments weeks before the Codes and Regulations letter in May, expressing concern about what he called untrained and uncertified workers improperly installing safety features at the behest of an unlicensed, out-of-state subcontractor.
In a May 15 letter to the Department of Housing, Building and Construction in Frankfort, the prominent Kentucky labor attorney Dave Suetholz wrote that IMP was committing “major code violations” that were under investigation by Metro Codes and Regulations after an informal complaint was submitted, asking the state department to assist in that effort.