Owner of Kenilworth files lawsuit against fire department

Aug. 26--SEBRING -- The owners of the Kenilworth Hotel have filed a lawsuit contesting the Sebring Fire Department's decision to close the hotel because of alleged fire code violations.

But the city and the fire department contend the closing complied with the law.

The lawsuit filed by Kenilworth Properties names the city of Sebring, Sebring Fire Chief Brad Batz and C-T Protection Inc. as defendants. The lawsuit was filed in Lee County Circuit Court where C-T does business. It contends that C-T Protection, the company hired to bring the building up to code, performed unnecessary work and failed to issue an engineering report.

The lawsuit comes days after the city shut down the Kennilworth, saying the inadequate fire alarm and sprinkler system and structural problems made the hotel unsafe.

Kenilworth Properties maintains that from 1994 until 2016 the city did not require the owners of the hotel to install a fire alarm system.

The lawsuit doesn't explain the significance of 1994.

The lawsuit also contends that Batz agreed to allow a temporary fire alarm system, but then changed his mind. That would have involved requiring employees of the hotel to walk regularly through the building "to act as an early warning system for potential fires," the lawsuit states.

City Attorney Bob Swaine said Friday that the city denies any liability in the matter.

"We have forwarded it to our insurance carrier to represent the city in the lawsuit," he said. "I can't comment on their allegation. We just got served with the lawsuit this afternoon, but I'm not sure how it's the city's fault that they weren't compliant with the state law."

The lawsuit contends that the hotel has had a working sprinkler system and that the fire prevention code recognizes it may not be "practical" to apply all of its provisions to every building.

"Rather than allow Kenilworth a reasonable time to implement the fire alarm system implement alternative measures to provide warning systems while the fire alarm system was installed, Batz closed down the whole hotel," the lawsuit said.

The Kenilworth had already spent $100,000 in the previous 60 days to comply with Batz's instructions, the lawsuit said.

It would take months to put in the type of system that Batz is now requiring, the lawsuit said.

Batz could have notified the Kenilworth earlier that such a fire alarm system would be required, the lawsuit states.

The lawsuit contends Batz was negligent in not having made the requirement in past years.

The lawsuit also contends that Batz made slanderous statements when he talked about the condition of the Kenilworth.

Kenilworth is seeking a jury trial.

Staff writer Tony Judnich contributed to this report

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