Over the weekend, dozens of residents in the Tulsa County community of Berryhill took to social media to say Tulsa County government is trying to weaken its local rural fire protection district.
A letter from the Tulsa County Board of Commissioners asks the State Fire Marshal’s Office to revoke the Berryhill Fire Department’s ability to conduct local building and fire code inspections within its district and instead transfer that power to a fire marshal within Tulsa County government.
“We work with the state fire marshal on a routine day-to-day basis on specific things,” said Berryhill Fire Chief Michael Hall. “The county really doesn’t. The county wants autonomy, wants to do its own thing, and well, it kind of got out of hand because they didn’t call us to a meeting. Let’s be honest.”
Hall said he was not aware Tulsa County was even considering a policy change involving BFD until it popped up on Monday’s Tulsa County Commissioners’ agenda. Hall said many questions, concerns and issues the county expresses in the letter could’ve been easily avoided had someone reached out to him and his fire protection district board.
“We operate just like a city with a city council when it comes to these issues,” Hall said. “No one at the County reached out to any of us to even talk about doing this, and it involves us.”
The County said jurisdiction over fire code compliance needs to be transferred to them and away from Berryhill because of how they believe state law is clearly written. Hall said Berryhill’s position that it’s in compliance with current state law would’ve been clearly demonstrated had someone reached out before writing the letter to the State Fire Marshal’s Office requesting the change.
“Our relationship with Tulsa County is great,” Hall said. “This really is too many people having an opinion, and no one sitting at the table and saying what they’re willing to do.”
Hall said BFD has the same training and standards as any other department or agency carrying out fire code inspections over its coverage area, and he and his board believe the letter was rushed because recently Tulsa County decided to create a fire marshal position within County government.
“Theoretically, this is miscommunication.” he said. “Someone didn’t send us a letter. They should’ve sent us a letter. We should’ve had a hearing on it and discussed what the best form of action was, made a decision, and not put it on a county commissioners meeting in executive session last week.”
Hall said with Berryhill doing inspections within its own area, it can speed up new construction that’s been happening in the area. He said other agencies are seeing delays, but BFD’s fire code system has been proven effective and efficient. He believed a move to another agency would harm and slow down economic growth projected for the area now that the Gilcrease Expressway Turnpike is finished with construction.
“It’s making sure documentation goes to the right people at the end of the day,” he said. “If they do that, it doesn’t matter to me. We want to go to the fire, solve the problem, and go home, that’s not what the issue is. We would prefer they don’t catch on fire. That’s why we want to do inspections first.”
FOX23 made every effort to get a Tulsa County commissioner or deputy commissioner on camera for the County’s side of the story. We were told no one was available, but Tulsa County sent FOX23 a statement saying:
“Tulsa County fully supports Berryhill, and all rural fire districts around the County in regard to fire protection. Tulsa County is statutorily required to enforce the building codes throughout the unincorporated portions of Tulsa County pursuant to 19 O. S. § 863. 45 and is therefore requesting the revocation of the Berryhill Fire Protection District’s Authority Having Jurisdiction (AHJ) which has allowed them to enforce building codes. This in no way diminishes their ability to serve citizens with fire protection.
The ability of Fire Protection Districts to possess AHJ Jurisdiction is not authorized by Oklahoma Constitution, Statute or within a County that already exercises jurisdiction to enforce its own building and zoning codes. If a fire district possesses AHJ jurisdiction it would interfere with the County’s lawful enforcement of building and zoning codes and present a danger to the citizens who rely on Tulsa County’s Inspections to enforce the codes within Oklahoma law.”
The rift between the County and Berryhill Fire further inflames tensions between the County and a community who has made it known they still feel they weren’t respected by Tulsa County and the City of Tulsa in the creation of the Gilcrease Expressway Turnpike over the last five years that now runs through their community. Some people running for county commissioner district two have made the community’s frustrations known on the campaign trail this year as one of their key issues.
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