Fresno’s Tower Theatre failed recent fire inspection. And in 2016 and 2018, the city says

In a further twist in the saga surrounding the Tower Theatre, the Fresno landmark failed a recent fire inspection and had several fire code violations, according to the city.

The failures were made public as part of a court filing on Thursday that the city made in its attempts to gain entrance into the theater to appraise it as a historical landmark.

According to the court filing, the theater’s owner voluntarily consented to the fire safety inspections, which took place on July 28. The inspections found failures in several categories including electrical equipment wiring and hazards, fire and smoke protection features and the inspection, testing and maintenance of fire protection systems.

Typically, owners are given 30 days to comply with orders to correct minor violations.

Additionally, the filings show the theater had multiple violations, including distinct hazards, during fire safety inspections in 2016 and 2018.

“As such, Tower Theatre is not being maintained in compliance with all laws,” the court filing says.

The city used the inspections as additional evidence to bolster its argument that it needs to be allowed into the theater.

The theater’s owner did not reply to inquires about the violations.

A judge denied an initial request for a court order last month, saying attorneys for the city did not identify the theater’s correct owner in court documents, that tenants in certain buildings on the property hadn’t been served with a petition and that there wasn’t enough evidence to support an appraisal. The judge allowed the city to resubmit the request with amendments.

The 82-year old Tower theater was granted national historical status in 1992 by the National Parks Service, a status city leaders argue gives them the power to review the building to “preserve, promote and improve the historic resources and districts of the city of Fresno for educational, cultural, economic and general welfare of the public.”

So far, the city (other than its fire inspectors) has not been allowed to enter the theater.

The theater has been under scrutiny — and embroiled in legal issues — for the better part of the year after its owners tried to sell the building to Adventure Church. The sale has been halted for now, but the controversies — and weekly protests — continue. Some see the city’s request for appraisal as a first step to a possible takeover of the theater through eminent domain and the court filing does make mention of a “potential acquisition of an interest in the property,” for “further preservation, protection, or development.”

Fresno City Councilmember Miguel Arias said he believes getting in to see the theater is important in making sure it maintains its historical significance, especially after what happened at the downtown Hardy’s Theatre during renovations there this week.

“It’s not enough to take somebody’s word for it,” he says.