Planned Parenthood opening delayed by city of El Centro

Much of the furniture has been moved in. Staff has begun training. Doors were scheduled to open Thursday. But for now, the opening of Planned Parenthood’s new clinic is in limbo.

After weeks of back-and-forth between Planned Parenthood designers and El Centro city inspectors, the city attorney’s office informed Planned Parenthood this week that it would not receive its certificate of occupancy necessary to open its doors until some extensive issues are addressed, City Manager Ruben Duran said Thursday.

Following a fire inspection in March, it was found the building’s operation classification was incorrect, and requires what figures to be a costly fire-suppression system. Planned Parenthood officials see this as the red tape symbolic of the discrimination the organization has been facing of late.

This operational limbo could come with legal action against the city, Planned Parenthood confirmed Thursday. This latest threat is the second such potential legal action since local abortion procedures were added to the lengthy list of women’s health services the organization already provides in the city.

“The current action taken by the city of El Centro is discrimination against women and their right to reproductive health care,” according to Planned Parenthood officials. “We are concerned that the El Centro city attorney, city manager, fire chief and other key officials are not following the law regarding occupancy and fire inspection standards for health clinics of this kind.”

Litigation has been in the air since it became clear Planned Parenthood would have sued El Centro Regional Medical Center, a city-owned hospital, had ECRMC not signed off on a transfer agreement to facilitate the transfer of patients from its new clinic to the hospital in the event of an emergency resulting from abortions or surgical procedures at the new clinic.

The transfer agreement, which has been at the center of community controversy, was signed in late February by hospital management.
When asked whether her organization threatened litigation over the agreement, Planned Parenthood of the Pacific Southwest President Darrah Johnson replied: “It’s not a yes-or-no question for me.” Planned Parenthood “encouraged” the hospital and board to “follow the law,” Johnson added.

The city of El Centro believes it is on solid ground in denying the occupancy permit, or what amounts to requesting significant changes to come up to building codes. In fact, Duran said because of the controversial nature of Planned Parenthood’s clinic, staff came together, including Fire Chief Ken Herbert, who conducted the inspection, building officials and the city attorney, to review the fire and building inspection very closely before making a final determination.

Frank Soto, assistant director of community development, said an initial occupancy application from Planned Parenthood filed in October 2014 classified the clinic as a B-level facility. That means the building can be used for outpatient and ambulatory care for five or fewer patient beds/procedure chairs.

The best example, Duran said, was the number of chairs you see in a dental office. If there are five or fewer, it can stick to a Class B designation.

However, when Herbert conducted the site fire inspection in March, reportedly a combination of 16 beds was found, making up a combination of exam, procedure and recovery rooms. Duran said the number far exceeded what a Class B allows.

For fire safety purposes, Duran said, extensive changes need to happen. While there are other fixes that need to occur, the need for a more involved fire suppression system, likely overhead sprinklers, is required to issue an occupancy permit.

It is believed an overhead sprinkler system would increase the cost substantially. The number $80,000 has been thrown around, according to sources on background.

The needed classification to open is called I-2.1, which would classify Planned Parenthood as an ambulatory health care facility given its number of beds/potential patients, according to Soto.

“They will need to resubmit construction documents … bring all non-complaint construction into compliance … and pass the building final inspection,” according to Soto.

This final determination came after city planning and building officials went back and forth with Planned Parenthood architects, Duran said.

Still, Planned Parenthood is unconvinced it has done anything wrong.

“The new Planned Parenthood health center in Imperial Valley has met all of the requirements and passed the numerous inspections required in compliance with the building plans, which were reviewed and approved by the city of El Centro in December 2014,” according to a statement. “It is our position that any further delay in issuing the Certificate of Occupancy and approving the fire safety inspection request is an unlawful attempt to restrict us from opening.”

Duran said this isn’t something new for the city. He recalls at least two businesses, including Valley Endoscopy Center, encountering the same problem: applying as B and having to resubmit as I-2.1.

At issue is something in the code and assessment of patient safety referred to as “preservation of life,” Duran and Soto said. The question officials face is whether under various states of consciousness — through procedure or recovery — the ability to get to safety in the event of a fire exists. City staff and the fire inspector believe the answer would be no, given the number of beds at Planned Parenthood and given safety codes.

Duran said Planned Parenthood architects maintain vastly different opinions.

Still, this is not the final word, Duran said. He said there is an appeals process available to Planned Parenthood.

For now, the clinic will remain closed until either a successful appeal has been made or it is brought into compliance. The clinic was scheduled to open Thursday, according to Planned Parenthood officials.

Staff has been training for weeks in San Diego, stocking the shelves in El Centro and all the furniture and equipment has been moved in, said Cita Walsh, Planned Parenthood’s vice president of marketing and communications.

“Planned Parenthood of the Pacific Southwest will pursue and resolve these issues so we can open the health center and provide affordable, high-quality reproductive health care to the community,” according to a statement. And that means “every avenue is being considered, including litigation,” Walsh said.

This story originally appeared in the Imperial Valley Press, April 10, 2015.