Owner charged in group home fire

Jen Lawson

Friday, May 6, 2005 | 11:26 a.m.

Metro Police on Wednesday arrested the owner of a group home that was the site of a fatal fire last year, the same day that city officials passed a set of more stringent fire requirements for group homes as a result of the blaze.

Irma Rafael, 40, was taken into custody on charges of involuntary manslaughter and neglect of the elderly with death. The charges stem from a fire March 20, 2004, at the Best Group Care facility in east Las Vegas.

The fire killed 87-year-old Katherine Roche and Warren Melius, 59.

"It was ironic she (Rafael) was arrested yesterday," Deputy Fire Marshal Robert Fash said. "It was the day an ordinance passed by city council requiring the retrofitting of all group homes regardless of state requirements."

On the day of the fire, a worker was installing a sprinkler system in the home at 3036 Holly Hill Ave. near St. Louis Avenue and McLeod Street, officials said.

Rafael allegedly asked the sprinkler installer to watch the residents and left the facility.

The fire -- which officials ruled accidental and was caused by careless smoking -- occurred while Rafael was gone.

The blaze sparked city fire officials to begin pushing late last year for an ordinance ordering all adult group care homes in the city to install sprinkler systems.

A 1981 law, enacted after two hotel fires in Clark County, required sprinklers in new group homes or when they are sold, but it didn't require older homes to have these systems installed.

The ordinance passed Wednesday by the Las Vegas City Council changes that. It says any existing group home must be retrofitted with sprinklers by January 2006, Fash said.

"We felt there was a need to protect these residents who were unable to protect themselves," Fash said. "The city of Las Vegas decided to go above and beyond the state requirement and say all of these facilities are required to have fire sprinklers no matter what."

The fire department met with the six or so group homes in the city to which the ordinance applies and they were amenable to making the alterations to their facilities, he said.

Fire officials tried but failed to secure a federal grant to help pay for the installations, so the homes will have to absorb the costs, which can run from $8,000 to $10,000.

According to Rafael's arrest warrant, she was absent from the one-story, three-bedroom, 1,518-square-foot home frequently, sometimes leaving the residents in the care of an employee, but sometimes not.

Nevada Administrative Code bars operators of group homes from leaving the residents alone at any time.

During their probe, investigators spoke with a resident who said on the day of the fire she was unable to find Rafael to tell her she was going out for a walk.

The resident said "it wasn't unusual for (the) defendant to leave the residents alone at BGC, as she (Rafael) often left them alone when she drove her children to school."

Police interviewed Rafael after the fire and she said she was at the home at the time, but she later said she was away.

Her attorney, Craig A. Mueller, did not return phone calls.