For more than 20 years, a Deer Harbor pond was the designated water source for fire suppression at the Deer Harbor Boatworks.

Owner Michael Durland has been in a tug-of-war with the county and the fire department since 2008, when that pond, owned by a neighbor of Durland’s, was suddenly no longer available. He says he has been mistreated by both the department and the county.

“This has not been fair,” Durland said.

The need for a new water source

In the late 1980s, the Orcas Fire Department agreed that Durland could designate a pond on a neighboring property as his fire suppression water source. He installed a “pumper nipple” so fire trucks could directly draw out the pond’s water. In 2008, when the pond’s owners rescinded use of their property and asked that the pumper nipple be removed, Durland says fire chief Mike Harris told him it wouldn’t be a problem because modern fire equipment did not require a pumper and the pond was still a preferred source of water for the Deer Harbor area. Fire districts have the right to use any water source in the event of a fire.

But Durland says in June of 2011, chief Harris changed his mind and said the pond was not available for the Boatworks and a new source of water was required.

Harris offers a different version of events.

“Yes, I told him that we now had equipment that didn’t need a pumper nipple, but I also said that we couldn’t predict what truck would be there at the time of a fire. The equipment we have at the new Deer Harbor station is not able to get water without a pumper nipple.”

Harris says the original arrangement of getting water from the pond would not have been approved had he been chief at the time. In addition, the pond was recently drained for service and maintenance.

“We need water on-site, not 150 feet away,” Harris said. “This is not a penalty for Michael. We have a better chance of fighting a fire on his property if he has a water source on site. He has a very large, very flammable commercial occupancy. It’s one of the largest fire threats on Orcas. I need the water supply there to have the best chance possible. If he was opening a brand new commercial occupancy, he’d have that same requirement (of on-site water).”

In a county memo dated Aug. 29. 2011, code enforcement officer Christopher Laws wrote: “It was 570 days (approximately 1.5 years) from the date that Mr. Durland was informed he no longer had access to the pond, to the date of his water-tank application submittal; during that time Mr. Durland received at least seven official letters from either the San Juan County Fire Marshals or the San Juan County Code Enforcement officers, concerning his non-compliance, and four deadlines to respond or comply – which he either did not respond to or act.”

The Deer Harbor station houses an ambulance, water tender, and WASP unit. Harris says the water supply in Deer Harbor is “spotty” and depends on what ponds are available. Wyndham Resorts, which owns the Resort at Deer Harbor, has also designated a fire hydrant for the department to use.

The county brought an injunction against the Deer Harbor Boatworks on Aug. 19. Prosecutor Randy Gaylord requested the facility be shut down until a water tank was installed.

“His permit requires him to have a source of water flow either from a tank or a fresh water pond,” Gaylord said. “The fire marshal brought it to our attention and asked that the county take action. This was the way to bring it to a head as soon as possible because of the potential fire danger.”

Durland says he was in the process of putting in a water tank, but the permit had not yet been approved. Judge Don Eaton ruled against the county on Sept. 2, allowing Durland to keep his business open. Durland currently has a water tank on site, but says he is negotiating with the county about whether or not the water tank is classified as a “utility” and exempt from the Deer Harbor Hamlet setback requirement of 15 feet from the property line.

“The hamlet plan requires a 15-foot setback and like almost every other zone in the county, it allows utilities to be within that setback,” said Rene Beliveau, director of community development and planning. “But a private water tank is not a utility. There is no negotiation. We have told him his tank is not a utility.”

Durland’s tank would hold 30,000 gallons of potable water for fire protection and another 20,000 or so gallons for Durland’s industrial, commercial, and residential uses.

“If there is a fire, I am not going to deny them (the fire district) use of the water,” Durland said. “But if they use it, I want them to refill it because it’s coming from our well.”

Harris said he would accommodate that request.

“I am responsible for returning equipment in the status it was in when we borrowed it in an emergency,” he said.