By John Balch
News-Leader staff
Murfreesboro business KMB Fuel Stop & Nanny’s Kitchen was shut down last week for state fire code violations, according to John Hogue, fire marshal inspector with the Arkansas State Fire Marshal’s Office.
Hogue issued stop work orders on Thursday, July 2 stemming from an inspection conducted specifically on the fuel dispensing portion of the business.
Hogue wrote in his inspection report obtained by this newspaper that he had contacted business owner Henry Ward on May 6 to set up a May 8 inspection date which centered on the above-ground fuel tanks.
Hogue reported that during the inspection Ward informed him that he had contacted the local fire department and state fire marshal’s office and “was advised that he did not need any permits or inspections to install the above ground tanks.”
Hogue told this newspaper Monday morning that the state has no record of being contacted by Ward concerning permits or inspections of the fuel tanks and that Ward did not provide any record of the contact. Murfreesboro Fire Chief Ricky Branch told the newspaper last week that the only city permit required involved the awning covering the fuel tanks on the parking lot.
On May 13, Hogue spoke with Branch and advised him of the situation and the violations that were noted. Branch requested that Hogue and the state fire marshal’s office “make the notification of the violations and the stop work order due to a conflict between him and Mr. Ward.”
On that same day, Hogue spoke with the City of Murfreesboro’s attorney, Aaron Brasel, and advised of him of the situation involving the conflict and that “a stop order was appropriate for the violations noted at the time of the inspection.”
The violations involved permits for the tanks and the lack of construction documents required to be submitted for review and approval prior to the installation.
On June 15, Hogue was notified by a letter from Murfreesboro Mayor Jim O’Neal that granted the state agency jurisdiction over the city to proceed with all matters at the business, specifically the alleged noncompliance with the fuel tanks.
Plans were for only the fuel portion of the business to be shut down July 2, but Hogue confirmed Monday that he conducted another inspection that day involving the eatery and the building, which was damaged by fire in December 2023, and stop orders were issued for that portion of the business.
“This is an ongoing investigation,” Hogue said.
This newspaper issued a request Monday for the second inspection report, under the provisions of the Arkansas Freedom of Information Act.
As of Tuesday morning’s deadline, the report had not been provided.
When contacted Tuesday morning, Ward said he questions the “spur of the moment” shut down and that he is “waiting to get some answers.”
“If it was such a public safety risk, why has it been open for a year?” Ward said.
Ward added that he was told by Hogue during the initial inspection only about a lock issue where fuel is loaded and how it could possibly be remedied. When he received a copy of the inspection report, he said he was surprised to see the long list of violations noted by Hogue.
Ward said he is unsure of his plans and that he is still very angry about the situation.
The day the business was shut down the closure was initially announced on the store’s roadside sign that read: “Closed Due to Cowards in Our Town.”
Ward said the sign was his idea and that he still stands by the statement.
The sign has since been changed and now reads: “Thank You Customers.”
