Frisco: Marshal says house fire deliberate; owners suing over mold
by Lauren D'Avolio, The Dallas Morning News 
Thursday, January 11, 2007

FRISCO – A vacant house in Frisco that burned last weekend in a fire that has been ruled suspicious was the subject of several lawsuits over toxic black mold, and its owners reportedly had plans to demolish it.

The fire Saturday night at No. 3 Riva Ridge destroyed the home's second story, where fire officials found that accelerant had been poured around a playroom.

Assistant Fire Chief and Fire Marshal Don Fernandez said he knew the fire was deliberately set "as soon as we went out there." He said, "There was no gas, no electricity, no power, no nothing."
There are no suspects.

"I don't know why someone would have done this," homeowner Nikki Carmody said through tears. "I just don't want to discuss it. It's been hard enough. This has been a nightmare for my family."

The 6,800-square-foot house, despite its columned entry, stables and circular driveway, was on the tax rolls for just $1,370. Its value dropped from about $254,000 the year before the mold was found to $3,495 the year after. Meanwhile, the two-acre lot near State Highway 121 and Dallas Parkway has grown steadily in value, to $450,000.
Ms. Carmody and her husband, Dell James, say in court records that they moved out of the house after discovering black mold there in 2001. The couple, who practice law together in Plano, sued the company that installed an air-conditioning unit there the year before the mold was found. They also sued an air-conditioning repair firm, an insurance company and an insurance adjuster.

In court papers they said, "Tests have revealed that the home is infested with several allergenic molds, pathogenic molds and toxic molds." They said they reported the problem to their insurer, which authorized them to move out.
They said in the suits that the estimated cost to repair and rebuild exceeded the limits of their homeowner's insurance policy. The adjuster and the insurance company later were dropped from the suit.

As the court fight continued and the house sat empty, neighbors complained. They and the Stonebriar Creek Estates homeowners association logged at least five formal complaints with the city against the property and its owners. Subjects of the grievances ranged from a dilapidated fence around a stagnant pool to unkempt vegetation to habitually open or absent doors.

"All efforts to get this property condemned and demolished have met with resistance from the city, the owners and the insurance companies so still it stands – an accident just waiting to happen," wrote Ivan "Nick" Camp IV on behalf of the homeowners association to Mayor Mike Simpson and the City Council on Feb. 2, 2006. "We urge you, the leaders of Frisco, to look into this and prevent what we feel is a deadly, but preventable, catastrophe from occurring."

Firefighters were called to the house in November 2005 to extinguish a suspicious fire in a bedroom, officials said. Chief Fernandez said he suspects a homeless person was living there and mishandled a candle.

Last month, city records show, a code enforcement officer reported speaking with the homeowner, who told him the house was set to be demolished in January and a new one built in its place. The code-enforcement officer reported that he reminded the homeowner to secure a demolition permit. No such permit was applied for, the fire marshal said.
"We haven't received a demolition permit or any plans for a new house," he said.

Chief Fernandez said whoever set the fire could face charges of arson, reckless damage or criminal mischief. Arson is a second-degree felony punishable by two to 20 years in prison.

The house's pillars are now warped and blackened by flames, some leaning diagonally against the burnt-out remains. The home's white brick is mostly ashen, with the roof caved and a soot-covered staircase visible from outside.
Neighbor Fred Burkhalter said embers drifted onto his property Saturday night but didn't burn anything.
Ken Couvillion, who lives across the street, said he saw the flames shoot 50 feet high.

"By the time somebody saw it, it was very involved," he said.
He added that the home had fallen into disrepair well before last weekend.

"It looked dreadful before it burned," he said. "Not a lot of pride of ownership there."
His wife, Pippa, said it "hurt a little" to see the home fall apart, then go up in smoke.

Ms. Carmody, who still lives in Frisco with her family, said she was unaware of the home's plunge in value and the land's increase. She said Frisco fire officials hadn't told her anything about the fire's cause.

"My kids, I don't want them to be traumatized by it," she said. "I just want to leave it to the fire marshals."
Staff writer Tiara M. Ellis contributed to this report.

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