1957 — Feb 13, Council Bluffs Convalescent Home fire, Council Bluffs, IA –16-17

–16-17 Blanchard estimated death toll. We know there were fifteen fatalities initially and we know that a 16th victim died of her injuries on or about March 28 in a hospital where she had been a patient since the fire. On June 11 we see the first reporting of 17 deaths, though without any indication of who that person was or where they died, or if they had been hospitalized since the fire. We know that seventeen was reported as the death toll also on June 12 and 26 and on Sept. 7 and 12, but with no detail as to a seventeenth death. Thus we know that there were 16 fatalities and a possibility of 17, given the multiple reporting in June and September of 17 deaths.

–17 Carroll Daily Times Herald, IA. “Names Group…Set…Rest Home Fire Rules.” 6-11-57, 1
–17 Carroll Daily Times Herald, IA. “New Iowa Nursing Home Law…” 9-7-1957, p. 8.
–17 Cedar Rapids Gazette, IA. “Iowa’s Fire Loss Million Higher than Year Ago.” 9-12-57, 10
–17 Estherville Daily News, IA. “46 Fire Deaths…for Iowa to Date in 1957.” 6-12-57, 5.
–17 Oelwein Daily Register, IA. “Herron Submits rules to Operate Nursing Homes.” 6-26-57, 1
–17 Waterloo Daily Courier, IA. “Plan Fire Safety in Nursing Homes.” 6-11-1957, p. 2.
–16 Carroll Daily Times Herald, IA. “Bill Tightening up…Nursing Homes Passes.” 4-18-57, 1
–16 Cedar Rapids Gazette, IA. “Nursing Homes.” 4-11-1957, p. 6.
–16 Estherville Daily News, IA. “Aged Victim of Rest Home Fire Dies.” 3-30-1957, p. 3.
–16 Special Nursing Home Investigating Cmt.…[IA Gen. Assem.]. Report of…, Apr 57, 4.
–15 Bugbee. “Fire Protection Developments in 1957.” NFPA Quarterly, V51/N3, Jan 1958.
–15 Carroll Daily Times Herald, IA. “Carroll County Welfare Director Cites…” 2-26-1957, 5.
–15 Carroll Daily Times Herald, IA. “Recommend a Stringent Nursing Home…” 2-22-1957, 8
–15 Cedar Rapids Gazette, IA. “Compromise…Iowa Rest Home Licenses Sought.” 3-20-57, 6.
–15 Cedar Rapids Gazette, IA. “Herron Cites Causes of Nursing Home Fires.” 2-23-1957, p. 8.
–15 Cedar Rapids Gazette, IA. “Holocaust Cause is Puzzle.” 2-18-1957, p. 1.
–15 Cedar Rapids Gazette, IA. “Make State Institutions Safe First, Solons Told.” 3-5-1957, 10.
–15 Cedar Rapids Gazette, IA. “New Law for Iowa Nursing Homes Urged.” 2-20-1957, p. 5.
–15 Cedar Rapids Gazette, IA. “Nursing Homes.” 2-19-1957, p. 8.
–15 NFPA. “Council Bluffs, Iowa, Nursing Home Fire.” Fire News, March 1957, p. 3.
–15 NFPA. “Multiple Death Fires, Nursing Homes & Homes for the Aged, U.S., 1951-1974.”
–15 National Fire Protec. Assoc. Spreadsheet on Large Loss of Life Fires (as of Feb 2003).
–15 Waterloo Daily Courier, IA. “Asked Nursing Home Licensing Before Fire.” 2-25-1957, 1.

Narrative Information

National Fire Protection Association, Fire News: “Fire swept through the Council Bluffs Convalescent Home at Council Bluffs, Iowa on February 15, 1957. Fifteen of the 30 patients were killed, six patients and four of the ten attendants were injured. This fire presents ample justification for several recommendations pertaining to nursing homes in the NFPA Building Exits Code, in particular the recommendation that homes of combustible construction that are more than one story high be sprinklered.
Construction and Protection

“The 67-year-old former private dwelling in which this fire occurred may be said to be typical of a large majority of the nursing homes in the United States. The 57 ft. by 50 ft. building sat on top of a hill and contained a basement (storage, heating equipment and operator’s quarters), first and second stories (patients’ quarters) and attic (employees’ quarters). Wood framing, wood sheathing, and wood lath and plaster interior finish were the principal construction features. Interior stairways were open with a door at the head of each. One stairway extended from the basement to the kitchen in the first story, one from the first story recreation room to the second story, one from the kitchen to the second story, and one from the second story to the attic. A 42-inch-wide wooden stairway on the outside of the rear of the building provided a direct route to the ground from second story and attic porches.

“An automatic fire alarm system consisting of spot type fixed temperature devices was installed throughout the building including all rooms, halls and closets. Current was provided by a 115 volt circuit with batteries available as an emergency power supply in case the primary supply failed. The alarm bell was located in the kitchen. The only suggested explanation advanced so far to explain failure of the alarm system to operate at the start of or during the fire was that the system may have been put out of order during one of the frequent building alterations. The system had been tested in December. Since the fire was discovered at once by one of the patients the failure of the automatic alarm system to operate had no bearing on the outcome of the fire.

Patients and Attendants

“Thirteen ambulatory and seven bed patients were on the first floor, five ambulatory and five bed patients on the second. There were ten attendants including the operator (a 55-year-old woman), a 70-year-old practical nurse and eight others, seven of whom had been hired on a probationary status from a school for feeble minded. These seven had IQ’s from 50 to 70 and were classified as “retarded” rather than “feeble minded.” As far as could be determined the employees had not been trained in what to do in an emergency….” (National Fire Protection Association. “Council Bluffs, Iowa, Nursing Home Fire.” Fire News, March 1957, p. 3.)

NFPA: “[No.] 261. 1957…2/13…Council Bluffs…IO…15 [deaths]…Hilltop Nursing Home…” (National Fire Protec. Assoc. Spreadsheet on Large Loss of Life Fires (as of Feb 2003).)

Iowa General Assembly Special Committee: “This Committee Recommends:

“…That a law be enacted during this session to provide for the licensing, inspection and regulation of nursing homes and custodial care homes….the licensing of non-care boarding and rooming homes for the aged to promote adequate fire safeguards and proper sanitation in these homes…to promote adequate fire safeguards in buildings, other than family homes, where groups of people are housed…to permit any county to establish nursing homes for elderly citizens upon the approval of the voters of such county…That the policy of transferring elderly mental patients to the county homes and private nursing and custodial care homes be carefully re-examined to determine whether the policy is working out satisfactorily…That a special committee be created by the General Assembly to study further the care problem and the other problems of the elderly citizens of Iowa and to report to the next legislature.” (Special Nursing Home Investigating Committee. Report of the Special Nursing Home Investigating Committee to the Fifty-seventh Iowa General Assembly. April 1957, p. 1.)

Newspapers

Feb 13: “Council Bluffs (AP) Fire raced through a Council Bluffs convalescent home Wednesday, leaving “10 to 12” dead and several others unaccounted for. Pottawattamie County Coroner Henry Meyer made the estimate of 10 to 12 dead. Asst. Fire Chief Ralph Figgins, after a partial tour of the building, said he saw five to seven bodies on the first floor and he understood there were two other bodies on upper floors of the three story frame building. Reporters at the scene said only 18 of the 30 occupants had been accounted for an hour after the blaze broke out.” (Mason City Globe-Gazette, IA. “Bulletin.” 2-13-1957, p. 1.)

Feb 14: “Council Bluffs, Iowa – (UP) – Authorities sought today to identify two of 14 persons killed when flames flashed through a 75-year-old frame convalescent home, trapping many of the victims in their beds. Ten persons were injured in the blaze Wednesday afternoon, but only one was reported in critical condition. Eight others were hospitalized.

“There were 48 persons in the building when the fire broke out. The nursing home housed 32 patients. Most of those who fled uninjured were employees. Three children of an employee also escaped injury.

“The search for more victims was called off early today when one of the missing patients was found wandering about in a daze some 13 hours later. The woman…about 70, had been listed among the victims. She was found by Council Bluffs police trying to enter a home near the nursing home….[she told authorities she had spent most of the time in a nearby woodland. She suffered exposure and shock….

“Authorities theorized the fire was touched off by an elderly woman patient when her cigarette touched a plastic window curtain. The fire quickly swept the nursing home, whose patients ranged in age from the 60s into the 90s. The top two floors of the three-story structure crashed into the basement….

“Ivy Lee Gilmore was listed by the Iowa Health Department as the owner and operator of the convalescent home and Belle Gilmore as the owner and operator of the Gilmore Rest Home and a nurse at the convalescent home. The women are related by marriage.

“As a result of the fire, Gov. Hershel C. Loveless called today for an investigation of all nursing homes in the state to see if they are obeying fire and health regulations.” (Logansport Pharos- Tribune, IN. “Fire Kills 14 in Nursing Home,” February 14, 1957. p. 1.)

Feb 14: “Council Bluffs (AP) – Fire suddenly enveloped a 71-year-old, three story rest home Wednesday, killing 14 patients, many of them in their beds. Fourteen persons were treated in hospitals. Discovery that one missing woman was alive ended the search for a possible 15th victim. The death toll of 14 includes 12 identified persons and 2 unidentified. Authorities said all persons in the home now have been accounted for but they have not determined which of the unidentified women is Mrs. Mathilda Luchow and which is Mrs. Rose Cochran. Fifteen persons escaped injury.

“Victims identified were Lawrence Brandt, Pearl Atkinson, Mrs. Bertha Jenkins, Mrs. Anna Benson, Ray Roop, Mrs. Bertha Bradley, Henry N. Mace, Fred Howe, Charles Adkins, Dan Blakely, Frank Faulkner and Bridget Pinkham.

“Police found Mrs. Annie Orme, about 75, who had been listed among the dead, early Thursday when she tried to enter the back door of a home in the neighborhood. She told police she ran out of the rest home and into nearby woods as soon as she heard the building was on fire and spent the evening wandering in the area. She was wearing a light sweater over her dress. Mrs. Orme. Was taken to Jennie Edmundson Hospital suffering from shock and exposure but hospital attendants reported her in good condition Thursday morning.

“Iowa State Fire Marshal E. J. Herron and Council Bluffs Fire Chief Waldo Merrill still were searching for the cause of the fire which raced through the old frame building so fast that the first fire company to arrive — about four minutes after the alarm was given – found it completely in flames. The fire started in the rear of the building and it was in that area that 13 of the victims died. The fourteenth died in a hospital.

“Most critically injured was Jimmie Vinson, 71, a patient, who was burned about the upper part of his body.

“The home, known as the Council Bluffs Convalescent Home in Morningside Addition, was on one of the highest and most scenic spots in Council Bluffs. Dr. Edmund C. Zimmerer, state health commissioner, said the home was inspected last Aug. 9 and that it was properly licensed. He said the license was issued to Mrs. Ivy Lee Gilmore as operator….” (Oelwein Daily Register, IA. “14 Killed in Rest Home Blaze at Council Bluffs.” 2-14-1957, p. 1.)

Feb 15: “Des Moines (AP) — Gov. Herschel Loveless said Friday he “probably would” sign a bill to require nursing homes to install sprinkler systems and other fire precautions if the Legislature passes one. The governor told his news conference that he has scheduled a Friday meeting of state department heads with members of a special legislative committee set up to study the nursing home situation in Iowa. The six-member committee flew to Council Bluffs Thursday to look into the nursing home fire there in which 14 persons died Wednesday.

“The committee reported to the governor Friday morning that it had visited with city and welfare
officials in Council Bluffs. Loveless said he was informed that there was “no negligence” involved in the fire, and that there was “no lack of attention by the City of Council Bluffs to existing fire precautions required by law.” The governor said that any legislation regarding nursing homes would have to be evaluated in terms of “its effect on people or inmates of those homes.”….

“State officials estimate that their investigation will touch directly some 21,000 elderly Iowans now living in public and private institutions for the aged.

“F. W. Pickworth, director of the State Health Department’s hospital services division, said that of the 21,000 elderly persons living “away from home,” about 6,000 reside in county institutions, and another 7,000 in licensed “nursing homes.” He estimated the remaining 8,000 live in unlicensed nursing homes. Pickworth, whose division has only three inspectors to check about 200 hospitals and more than 600 homes which annually made application for ‘nursing home’ licenses, is pushing a bill now before the Iowa Legislature that would eliminate about two-thirds of the private homes from the ‘nursing home designation.’” (Oelwein Daily Register, IA. “Meet to Study Nursing Homes. Gov. Would Sign Bill Requiring Fire Precautions.” 2-15-1957, p. 1.)

Feb 19: “The legislative committee investigating nursing home regulations in the wake of a 15-fatality fire at Council Bluffs was reported Tuesday to be moderately opposed to one of the principal recommendations by Fire Marshall Ed Herron. Herron said he felt that all nursing homes in non-fireproof buildings should be required to have automatic sprinkler systems. Rep. Scott Swisher (D-Iowa City), a member of the investigating committee, said he believed such a requirement would be impractical and too expensive for home operators. (A similar bill was proposed in the legislature two years ago but was killed on recommendation from the attorney general’s office because of the heavy expense involved.).” (Cedar Rapids Gazette, IA. “Nursing Homes.” 2-19-1957, p. 8.)

Feb 20: “Des Moines (UP) – Former Gov. Robert D. Blue charged Wednesday many elderly Iowans are forced to live in ‘fire traps.’ Blue, in a speech before the Iowa house of representatives, criticized Iowans for providing ‘unsatisfactory’ housing for the aged. Blue was chairman of a special committee on the aging appointed by former Gov. Leo A. Hoegh. He said 50 nursing homes in the state continue to operate even though they have been ordered closed by the state health department.

“In his speech, Blue referred to a fire at Council Bluffs last Wednesday in which 15 persons died when a 75-year-old convalescent home burned. He cited another fire in Missouri Sunday in which 70 persons were killed. Blue said “Iowa’s historic position his always been children should support their parents.” He referred to one of the Ten Commandments which says “Honor thy father and thy mother that their days may be long upon earth.” But, he charged, Iowa has lagged in providing adequate facilities, “in spite of the fact the state has the biggest population percentage-wise of persons over 65 of any state in the union.” The attorney general has said laws pertaining to nursing homes are “weak and unenforceable,” Blue said. “A new nursing home law must be passed,” he said. He asked the legislators what good it does to extend the life of elderly citizens if they “have to live out their last days in a sub-standard fire trap.”

“Blue said his committee found only 589 nursing homes in Iowa are licensed and “probably 500 nursing homes are not licensed.” Fifty of the homes have been ordered to close by the State Health Department but they continue to operate, he said. ‘Available housing for the aged is generally unsatisfactory from the standpoint of health, safety and social need,’ the former Republican governor said. He suggested that Iowa strengthen its nursing home laws and enact public housing legislation. He said that to effectively solve the over-all problem it will take “many years” because of the rapid increase in the number of elderly persons.” (Cedar Rapids Gazette, IA. “New Law for Iowa Nursing Homes Urged.” 2-20-1957, p. 5.)

Feb 22: “Des Moines (AP) — A stringent Iowa state nursing home law was recommended for passage by the House Public Health Committee Thursday. Under the proposed bill a nursing home application license would have to be accompanied by a certificate of “inspection and compliance” signed by the state fire marshal. Iowa nursing home operations have been in the forefront recently since 15 persons died in a fire at a Council Bluffs home last week.

“The State Health Department suggested the committee-approved bill. It is for the handling of individuals “who are not acutely ill and not in need of hospital care” but need “skilled nursing care and related medical service.” Each nursing home would need a State Health Department license after next July 4. Annual license fees would be $25 for homes of 10 beds or less, $35 for those of 10 to 25 beds; $60 for 25 to 75 beds; $75 for homes of 75 to 150 beds and $100 for those of more than 150 beds.

“Under the measure a nursing home would be defined as an institution providing “an organized continuing, 24-hour program of nursing care commensurate with the needs of the patients” and supervised either by a licensed registered or practical nurse. Either a “house physician” or “individually selected physicians” would direct medical or nursing care. Surgery would not be permitted in the home, nor could drug addicts, alcoholics, psychotics or persons with a communicable disease be admitted. Nursing homes would not be allowed to operate in any structure in which other businesses are housed. The Health Department would have authority to deny, suspend or revoke a license for failure to comply with regulations or standards or for such reasons as: Cruelty or indifference to welfare of patients; financial inability of the operator to conduct a home according to minimum standards and poor moral character.

“Failure of an operator or manager to obtain a license for operation would be subject to a $100 to
$1,000 penalty and-or up to six months in jail if convicted. Each day of violation after conviction
or notice from the department would be considered a separate offense. The law would not be applicable to “boarding homes, hotels, rest homes or other similar institutions.”” (Carroll Daily Times Herald, IA. “Recommend a Stringent Nursing Home Law for Passage.” 2-22-1957, p. 8.)

Feb 23: “Ames (UP) – State Fire Marshal Ed Herron Friday night outlined ‘three basic’ causes of fires in nursing homes. Herron said misuse of electrical service, poor heating plants and careless smoking are the main causes of fires. He and former Gov. Robert Blue spoke on the nursing home situation in Iowa during a television program. Interest in nursing homes arose from a nursing home fire 10 days ago in Council Bluffs which claimed 15 lives. Herron said his state department was handicapped in its fire inspections because there are no specific fire requirements for nursing homes. Blue said sub-standard facilities, such as old hotels and factory buildings, are often bought by nursing home operators.” (Cedar Rapids Gazette, IA. “Herron Cites Causes of Nursing Home Fires.” 2-23-1957, p. 8.)

Feb 24, Letter to the Editor: “It is unfortunate that it took a disastrous fire in a nursing home to alert the public and the legislature. The disastrous fire in a Council Bluffs nursing home in which 14 elderly people burned to death, led the speedy action by the legislature in ordering an investigation….An investigation of this kind has been long overdue.

“State Health Department regulations require nursing homes to meet the minimum standards for fire prevention. The first requisite is good housekeeping. If all CAUSES of fire are removed no fire can occur.

“Nursing homes vary widely in facilities and care – some care for few, others many. Nursing homes located remote from fire protection are a hazard to the community. All nursing homes must have an automatic fire alarm system in order to gain a license.

“Some nursing homes evade the law and care for people without a license. In 1947 the legislature passed a law on nursing homes – namely they must be licensed. Iowa now has 21,000 elderly persons living in homes away from home, according to the latest report from F. W. Pickworth in the hospital division. 6,000 live in county institutions, 7,000 in licensed nursing homes and 8,000 in unlicensed homes. The general assembly investigating committee should not only take in the fire protection angle for these people but also investigate the nursing care.

“Many people get the idea that opening a ‘house’ for the care of the aged is a simple thing. The same people often have had no training in the care of the sick, and so, they think all they need is a ‘big house.’ ….Nursing homes usually are dwellings converted into places for the care of a vast army of sick, aging and unwanted people. The public is not aware of what is happening and fail to report unlicensed homes to the State Department of Health.

“The Iowa Nursing Home Association disapproves placing patients in unlicensed homes by welfare agencies and by physicians who are unaware of the difference. Patients in nursing homes are real people – human beings – and not just people to be forgotten and unprotected. The Iowa Nursing Home Association feels that nursing homes should be classed according to the KIND of care each is qualified to give and no place caring for one or more non-related persons who need chronic or convalescent care incident to old age should operate without a license. Factors of fire and life safety is one of constant concern for us. One third of all fires are due to neglect or carelessness.
[Signed] Mrs. Delaney, Administrator, Delaney Nursing Home, Spencer.”
(Spencer Sunday Times, IA. “Letters to the Editor.” 2-24-1957, p. 2.)

Feb 25: “Des Moines (AP) — A demand for laws licensing nursing homes was made by the State Board of Social Welfare in a letter to the Hospital Services Division of the State Health Department before the tragic Council Bluffs nursing home fire which claimed 15 lives.

“Sen. Jim Henry (R-Carson) released the letter Monday in announcing that the legislative committee investigating nursing home operations would meet at 3 p. m. Monday. Henry said representatives of various state departments, the public health committees of the Senate and House and the Iowa Nursing Home Assn. will attend the meeting.

“The nursing home group has urged the Legislature not to adopt any “unrealistic” licensing law for nursing homes.

“The letter signed by all the members of the State Board of Social Welfare was dated Feb. 7, about one week before the Council Bluffs nursing home fire. It made these recommendations:

“The law should contain a statement that no home shall operate without a license and responsibility should be placed with the county attorneys and the attorney general to enforce the laws and prosecute the offenders.

“We want licensing laws that will guarantee better care for more people, not only for the group who can pay for expensive nursing care but for all persons who are in need for nursing and custodial care.”

“The letter, however, noted that nursing homes also faced problems and will face increased responsibilities as the number of aged increases. “We cannot meet these added responsibilities by casting aside 75 per cent of our present homes by a statement on local inspections by local health groups which do not exist,” the letter said.

“It suggested an educational program over the next few years “to make people in the communities more cognizant of the problems we see.” It added: “We believe licensing, inspection and supervision at the state level is more important for the custodial-type home than for the highly skilled nursing home or hospital. Local inspection of such facilities or licensing is often ineffectual. The home for the aged licensing units in the Department of Health should be given enough money for the staff to conduct the satisfactory inspection and supervision necessary to a good licensing program.”” (Waterloo Daily Courier, IA. “Asked Nursing Home Licensing Before Fire.” 2-25-1957, p. 1.)

Feb 26: “Des Moines (AP) – Nursing homes in which patients are locked in third-floor rooms and never come out again were described Monday at a public hearing before the Iowa legislature’s nursing home investigating committee. ‘How would you like to be in a nursing home where you’re locked in your room and there’s no mattress on the bed?’ asked Miss Ruth Evans, Carroll county welfare director. Miss Evans reported ‘appalling conditions’ at four of the nine licensed nursing homes in Carroll county. She said firemen don’t know what would happen if fire broke out in one of the frame nursing homes with patients locked in third-floor rooms.

Parolee Attendants

“In many instances, she said, attendants at these homes are ‘parolees’ from state institutions for the mentally ill or mentally deficient. They are supposed to be under supervision, but are not, she said. Often they are in charge of the patients and sometimes give medication. ‘I don’t think these people would have the slightest idea what to do in an emergency,’ Miss Evans said. Present licensing of nursing homes ‘doesn’t go far enough,’ she said.

“The health department says it has no power to enforce nursing home regulations under the present nursing home law.

“The legislative investigating committee, headed by Senator Jim Henry (Rep., Carson), was established after the Council Bluffs nursing home fire Feb. 13 which claimed 15 lives.

Law Inadequate

“State Fire Marshal Ed J. Herron told the committee present fire regulations for nursing homes are ‘not adequate, not realistic and there’s no way to enforce them.’ Automatic sprinkler systems have proved 94.6 per cent effective, Herron said, and no fire deaths have ever been reported in nursing homes with complete sprinkler system protection. ‘It would be foolhardy to think that you could have a sprinkler system in every nursing home in Iowa,’ Herron said. But, he added, it is ‘just as foolhardy’ not to require a sprinkler system in such a building as the one in which the tragic Council Bluffs fire occurred.

“Herron recommended adopting standards of the National Fire Protection Association. These standards vary according to the type, size and occupancy of the building, he said.

“During a 1½ hour hearing, the legislative committee heard three representatives of the Iowa Nursing Home Association, organization of operators of licensed nursing homes that are operated for profit. Merton Weiner, Sioux City, association vice-president, asked the committee to take a ‘practical viewpoint’ on regulations. Sprinkler systems are ‘not financially practical for most of the nursing homes,’ he said.

“Gerald C. Eggers, Davenport association president, asked that boarding homes for the aged be included in nursing home regulations.

“Mrs. S. P. Delaney, Spencer, also representing the nursing home operators, asked that they be given a voice in making nursing home regulations through representation on state rule-making boards.

“The legislators also heard from two state departments which disagree about which should be responsible for licensing boarding homes for the aged. F. W. Pickworth, health department official who administers the present nursing home law, said the health department should regulate homes which provide nursing care, but not boarding homes for those who are aged but able-bodied. ‘Our present staff and budget would not permit us to license these (boarding) homes at this time,’ Pickworth said.

“Asked who should license them, Pickworth said, ‘since their problems are primarily social, it would be foolish to duplicate the social welfare staff in our department.’ The welfare department favors state regulation of boarding homes but doesn’t want the job of doing it. ‘I think we agree with the nursing home association,’ said Mrs. Mary Huncke, state welfare board member, ‘We shouldn’t have anything to do with licensing.’

“Many persons living in nursing homes and boarding homes are recipients of old-age assistance from the welfare department. ‘You have two classes of homes,’ said Dr. Edmund G. Zimmerer, state health commissioner. ‘You have well people in one and sick people in the other. If you’re going to license both kinds you would have to have two sets of regulations.’

“‘We’re interested in the proper care of all aged people in Iowa,’ said Mrs. Delaney of the nursing home organization.

“Ernest Carter, Pottawattamie county welfare director, recommended temporary legislation giving someone authority to close homes not able to provide ‘adequate’ fire safeguards. For the long run, he proposed a thorough study of the kind of building and management needed for good nursing homes.” (Carroll Daily Times Herald, IA. “Carroll County Welfare Director Cites ‘Appalling Conditions’ in Rest Homes.” 2-26-1957, p. 5.)

Feb 26: “Des Moines (UP) – Iowa’s nursing homes were described as ranging from “good” to “inhumane” by spokesmen before a special Iowa legislative committee here Monday. Officials from state and county social welfare boards, the Iowa Nursing Home Assn., the Iowa Department of Health and other interested groups were on hand for the open hearing on the situation. The special six-man legislative committee was appointed to investigate nursing home conditions following the fire which claimed the lives of 15 elderly persons in a Council Bluffs nursing home two weeks ago.

“Ruth Evans, Carroll, the Carroll County Social Welfare director told the committee condition in some nursing homes in the county were “inhumane.” She said the conditions existed despite the fact that homes qualified for state licenses in both care and fire protection. Miss Evans said there was case of one patient who “was taken to the third floor of one nursing home and hasn’t set foot
on the ground since. He is up there for good.”

“Rep. Judson Perkins (R-Council Bluffs), one of the members of the legislative committee, said “similar conditions have been reported in Council Bluffs.” However, Ernest Carter, Council Bluffs, the Pottawattamie County Social Welfare director said the nursing home which burned in Council Bluffs was a “good” home which was “counted on” to house people whose parents asked “us to recommend a good home.” Carter said the “responsible owner of the home was unable to direct the evacuation of the building during the fire because “she was ill in bed.”

“State officials representing the Department of Health and the Board of Social Welfare both agreed that “more teeth” were needed in the laws covering requirements for nursing and boarding homes. However, neither group would accept the responsibility of licensing the boarding homes.

“Sen. George O’Malley (D-Des Moines), another member of the legislative committee, said the problem of nursing homes would have to be attacked on two sides. “We will have to get more strict enforcement of licensing regulation” on the one hand, and “give the fire marshal more authority” over fire requirements.

“Ed Herron, Iowa Fire Marshal said the present fire regulations are “not adequate or realistic.” He said that besides too loose fire requirements, “a division of authority” gives the nursing home operators the chance to get either a local or a state approval on his fire protection.” (Mason City Globe-Gazette, IA. “Hear Both Sides During Iowa Rest Home Inquiry.” 2-26-1957, p. 1.)

March 5: “Des Moines (INS) — A state financial aid program to encourage construction of new, fire-resistant nursing homes and homes for the aged in Iowa was under study Tuesday by a legislative committee. Senator Jim Henry (R-Carson), chairman of the study group set up after the 15-fatality Council Bluffs convalescent home fire last month, said a similar plan has been submitted to the Minnesota legislature. The Minnesota plan calls for a two-million-dollar state fund for a two-year period to pay up to 50 percent of the cost of building fire-resistant homes sponsored by cities, towns, counties and non-profit organizations. The plan was recommended to the Iowa legislative committee by the department of health which said many privately operated nursing homes in Iowa are now operated in old, frame houses which would be too expensive to repair to meet fire-safety regulations.” (Cedar Rapids Gazette, IA. “Nursing Home Aid.” 3-5-1957, p. 10.)

March 7: “The committee which investigated the fire in the Council Bluffs nursing home has drawn up a bill designed to in some degree regulate these homes. It is a difficult problem to provide proper care for the aged without working a hardship on some nursing homes. This bill provides that the homes must have 24-hour nursing care, and be licensed by the State Department of Health which would have the right to inspect the premises and require certain standards.” (Hamburg Reporter, IA. “Around the Capital with Fred L. Johnson.” 3-7-1957, p. 5.)

March 20: “Des Moines (UP) — Gov. Herschel C. Loveless met Wednesday with state health, social welfare and fire safety officials to ‘straighten out some disagreement’ about who should license nursing homes. Loveless said he had reached a ‘meeting of the minds’ with the representatives of the state agencies.

“The governor scheduled a meeting with legislative leaders later Wednesday to outline his proposed ‘broadening’ of the present licensing laws. A bill pending in the house to crack down on unlicensed nursing home operators has been held up two days awaiting a compromise. There has been some reluctance on the part of legislators and law enforcement officials to enforce the present law fully because thousands of elderly citizens could be made homeless practically overnight.

“The agencies represented at the meeting were the Iowa Public Health Department the Social Welfare Department and the state fire marshal’s office. All three departments have agreed in the past that licensing requirements should be tightened, but none of them expressed interest in taking on the job.

“A legislative committee was set up to study Iowa nursing homes after a fire at a nursing home killed 15 persons at a Council Bluffs nursing home fire last month killed 15 persons.” (Cedar Rapids Gazette, IA. “Compromise on Iowa Rest Home Licenses Sought.” 3-20-1957, p. 6.)

March 29: “Council Bluffs (AP) — Mrs. Anna Hahn, 90, died Friday night at a hospital here where she has been a patient since she was burned in a Council Bluffs convalescent home fire Feb. 13. Her death was the 16th connected with the fire. The attending physician said death was due to toxemia with burns and Mrs. Hahn’s advanced age as contributing factors.” (Estherville Daily News, IA. “Aged Victim of Rest Home Fire Dies.” 3-30-1957, p. 3.)

April 11: “A special legislative committee agreed Wednesday that the 1957 legislature should set up fire and Health regulations governing nursing and custodial homes. The group, formed after the nursing home fire at Council Bluffs which claimed 16 lives, approved four points of a proposed six-point program.

“Approval was given to a recommendation that the legislature provide for the licensing, inspecting and regulation of nursing and custodial homes and for licensing of non-care boarding and rooming homes and fire and sanitation regulations for the homes. The group also called for a reexamination of the policy of transferring elderly mental patients to county homes and private nursing and custodial care homes.

“Action on two other points was put off for further study. They were that a law be enacted at this session to permit any county to establish nursing homes for elderly persons if voters approve and that a special committee be created to study further the problem of caring for elderly citizens to report back to the next session.” (Cedar Rapids Gazette, IA. “Nursing Homes.” 4-11-1957, p. 6.)

April 18: “Des Moines (AP) — A bill to tighten up the licensing, inspection and regulation of nursing and custodial homes was passed by the Iowa Senate Thursday and returned to the House for concurrence in an amendment. The bill defines a nursing home as one which provides skilled nursing care and related medical services for two or more people. A custodial home is defined as an institution which provides housing and food and other services for two or more persons who are not in need of nursing care but are unable to care for themselves.

“The Senate adopted an amendment which would allow a nursing home to care for up to three patients or a custodial home to take care of up to four patients without purchasing a state license.

“The bill is the outgrowth of a nursing home fire in Council Bluffs Feb. 13 in which 16 persons died. It would give the State Health Department control over the licensing and regulation of nursing homes. Custodial homes would be licensed and inspected by the county board of social welfare in the county in which such a home is located.

“License fees for nursing homes would be $10 a year for those having 10 beds or less; $20 a year
for those with 10 to 25 beds; $30 annually for those having between 25 and 75 beds; $40 for 75 to 150 beds and $50 for all others. For custodial homes the annual license fees would be: $5 if the home has fewer than 10 beds; $10 for 10 to 25 beds; $15 for 25 to 75 beds; $20 for 75 to 150 beds and $25 for all others.

“The state fire marshal would be required to inspect the premises of both nursing and custodial homes to make sure the premises comply with fire safety regulations and standards before a license is issued.

“The bill also provides for revocation of the license on any of several grounds including cruelty or indifference to the welfare of any patient, taking the property of a patient without the written consent of the patient or his guardian, bad moral character of the operator or failure to conduct the home in accordance with the regulations established.

“The bill provides a fine of $100 to $1,000 or imprisonment in the county jail for up to six months, or both, upon conviction of operating a nursing or custodial home without a license.” (Carroll Daily Times Herald, IA. “Bill Tightening Up on Nursing Homes Passes.” 4-18-1957, 1.)

June 11: “Des Moines — State Fire Marshal Ed Herron Tuesday [June 11] named a 14-member committee to help him establish fire safety regulations for nursing and convalescent homes. He said the committee would meet June 26 in Des Moines to “evaluate, amend and approve” a preliminary draft. A new law passed by the 1957 Legislature gives the fire marshal power to make and enforce rules and regulations for fire safety in nursing homes. It is an outgrowth of a rash of nursing home fires over Iowa last February, including one in which 17 persons died at Council Bluffs.

“Named chairman of the committee is Sen. Jim O. Henry (R-Carson), who headed an investigation of the Council Bluffs fire during the legislative session. The investigation led to passage of the nursing home bill. Other members of the committee include: Mayor Marvin Verdig, Fort Dodge, representing the Iowa League of Municipalities; Sterling Alexander, Des Moines, mutual insurance companies; Virgil M. Day, Des Moines, stock insurance companies; Fred W. Sternagel, Des Moines, Iowa Medical Society; F. W. Pickwork, Des Moines, State Health Department. Richard R, Merker, Shenandoah, Iowa Hospital Assn.; Ray Tiller, Waterloo, Iowa Fire Chiefs Assn.; Mrs. S. P. Delaney, Spencer, Iowa Nursing Home Assn.; Leon J. Millet, Denison, Volunteer Fire Chiefs of Iowa; James Burke, Council Bluffs, Iowa Fire Department Inspectors; Ed Wetherall, Des Moines, Iowa architects; Don Boss, Des Moines, Iowa Hotel Assn., and Charles Schindler, Des Moines, Iowa Nursing Home Assn.” (Carroll Daily Times Herald, IA. “Names Group to Help Set up Rest Home Fire Rules.” 6-11-1957, p. 1.)

June 11: “Des Moines, (AP) – A doctor at University Hospitals at Iowa City says that the nursing home bill enacted by the 1957 Legislature was passed ‘to impress the public’ and has no teeth to enforce it. ‘Long before the nursing home fire at Council Bluffs, which spurred this legislation, we had been working on a sample bill. This bill was virtually ignored,’ Dr. W. D. Paul told the annual institute of nursing at Drake University. Paul is head of the Polio-Rehabilitation Center at Iowa City and a member of the liaison committee of the Iowa Medical Society. He advised the 85 Iowa Nursing Home Assn. members attending the institute to establish a political committee to suggest amendments for a better bill to the next Legislature.” (Spencer Daily Reporter, IA. “Iowa U Doctor Says Nursing Home Bill Weak.” 6-11-1957, 5.)

June 12: “Des Moines – (IDPA) So far this year Iowa has chalked up 46 fire deaths, just three less than for all of 1956. Of course, the state got off to a bad start with 17 deaths in the nursing home blaze at Council Bluffs.

“Ed Herron, the state fire marshal, has just returned from Los Angeles where he attended a meeting of the Fire Protection Association, which is composed of 1,800 officials working for fire safety on local, state and national levels. This organization sets the standards and regulations which are used by many groups throughout the country. The association made some important changes in its standards for nursing homes. Among other things it recommended that every nursing, convalescent or old age homes have an attendant on duty at all times and have a person serving on a stand-by basis.

“It was also recommended that every nursing home have an evacuation plan in case of fire, a fire warning system, and that all mattresses be equipped with strong handles so they could be used as stretchers in emergencies.

“The association decided that 75 square feet per room is necessary for each person. At the present time the state department of health requires 60 square feet.

“Herron said there was a growing concern and determination at Los Angeles to amend the present safety laws in order to cut loss of human life as a result of fire.

“Incidentally, Herron was elected to the four member executive board of the fire marshals section of the association and was also named to the propane gas technical committee….” (Estherville Daily News, IA. “46 Fire Deaths Recorded for Iowa to Date in 1957.” 6-12-1957, 5.)

June 26: “Des Moines (AP) – State Fire Marshal E. J. Herron planned to submit Wednesday [June 26] to an advisory committee for approval a set of rules regarding the operation of nursing homes and custodial homes in Iowa. The 1957 Legislature passed a law setting up restrictions on the homes following a nursing home fire at Council Bluffs last Feb. 13, in which 17 persons died. The proposed rules would apply to homes having one or more patients. The State Health Department, under the law, has the duty of setting up health and sanitation regulations.

“Some of the regulations Herron proposed include:

“In frame buildings, no patient would be housed above the second floor.

“Two means of exit would be provided for each floor, and any second story must have one outside stairway.

“If there are four or fewer patients, the homes would be required to provide special safeguards for storage, fire warning, and heating, and have a telephone or alarm system.

“Those homes having 5 to 15 patients would be required to maintain automatic alarm systems, be equipped with fire extinguishers and have a central heating plant.” (Oelwein Daily Register, IA. “Herron Submits Rules to Operate Nursing Homes.” 6-26-1957, p. 1.)

Aug 16: “Des Moines (UP) — The Iowa interim committee Thursday said it would be illegal to provide funds for the enforcement of recently drawn up fire safety rules for nursing homes. The committee said that, in the light of several recent opinions prepared by the attorney general it could not provide the necessary funds to support the enforcement. The attorney general’s opinions say that the committee cannot use its money for anything except an emergency, State Comptroller Glenn Sarsfield told the committee he would not write state warrants contrary to the attorney general’s rulings.

“State Fire Marshal Ed Herron had asked the committee Wednesday for about $31,000 to finance the enforcement of new fire safety rules covering nursing and custodial homes and use of flammable liquids and liquefied petroleum gas.

“The new safety rules were authorized by the last legislature, but no money was provided for enforcement.” (Cedar Rapids Gazette, IA. “Funds for Fire Rules Refused.” 8-16-1957, p. 10.)

Aug 30: “Des Moines (AP) — An advisory committee of State Fire Marshal Ed Herron decided Thursday to ease new fire safety rules for nursing and custodial homes. Among rules changed was one involving the installation of automatic sprinkler systems – the main subject of controversy since the rules were drawn up last month.

“Over Herron’s objection, the Advisory Committee boosted from 15 to 20 the number of occupants a frame nursing or custodial home may have without being required to install a sprinkler. Herron estimated the change exempts about 60 nursing and custodial homes from the requirements on sprinkler systems. He said about 140 of the 1,000 homes in Iowa will now be required to install sprinklers.

“At a public hearing last week, nursing home operators complained that sprinkler systems would be too costly. Herron has estimated the cost at $2,500.

“The new fire safety rules, authorized in a bill passed by the last Legislature following the fatal fire at a Council Bluffs nursing home, will go in effect after review by the attorney general, probably within 10 days.

“Another rule change will allow frame homes now housing occupants on the third floor to continue to do so, if they are sprinkler-protected and conform with state or, city law.” (Mason City Globe-Gazette, IA. “Safety Rules for Nursing Homes to be Eased.” 8-30-1957, p. 1.)

Sep 7: “Des Moines (AP) — Iowa’s new nursing home law is expected to become partially effective soon, although the start-off will be about two months late and under a number of clouds. State Fire Marshal E. J. Herron said Saturday he anticipates the attorney general’s office will approve within the next couple of weeks an extensive set of fire safety rules governing nursing and custodial homes.

“F. W. Pickworth, director of the State Health Department’s hospital services division, said the department hopes to put into practice soon a set of licensing rules. Both the fire safety and the licensing rules are required under an act of the 1957 Legislature which became law July 4. The fire marshal’s office and the department were charged with responsibility of making the rules. They must be approved by the attorney general’s office.

“A study committee began more than a year ago the formulation of proposed legislation to put more teeth into the laws regulating the homes. Impetus was given the matter by a nursing home fire in Council Bluffs last Feb. 13, as the result of which 17 patients died.

“A legislative nursing home investigating committee and the study group combined to sponsor the proposals which are embodied in the new law. It repealed the old law providing for licensing of nursing and custodial homes, effective July 4.

“Then the clouds began to show up. They include:

“1. Technically, there is presently no licensing of such homes.

“2. Until the health department’s and fire marshal’s rules become effective, the law cannot be in full force.

“3. The fire marshal’s inspection of the homes must precede licensing.

“4. The Legislature didn’t give the fire marshal the necessary money, as Herron put it, ‘to do an adequate job’. The Iowa Legislative Interim Committee declined to provide $31,000 for inspection and enforcement on the ground that the situation does not constitute an emergency.

“5. The department says it is almost impossible, under the wording of the law, to make licensing rules uniform. The Iowa constitution says such rules must apply uniformly. Thus enforcement would be in doubt.

“6. And, unless the department makes enforceable rules in a reasonable length of time, $13,000,000 a year in federal aid for old age assistance recipients would be threatened. Many of these people live in the homes.

“Pickworth said the department is in the process of formulating its rules. He said there has been some difficulty in clearing administrative questions.

“Before the department’s rules can go into effect, Pickworth explained, there will be a meeting with the Iowa Nursing Home Assn., and the rules then will be submitted to the attorney generals office for approval. The new law says the department rules must be consistent with the economic problems and conditions involved in the care and housing of persons in nursing and custodial homes.

“Pickworth commented:

“”The Legislature has given us an impossible task, but we are trying to make the best of it. Today, these homes can’t legally operate, and we can’t legally close them on account of the process of the new law.”

“Herron said: “Despite the lack of appropriations for an adequate staff, this office will carry out the law to the best of its ability. There will be no letup in inspections, but we will be limited as compared with what it would have been if we had been given an adequate staff.” Herron explained that he wanted to put on three more deputies and fill one vacancy. He now has five deputies.

“He estimated there are 600 to 700 nursing and custodial homes which would be affected by the new law. They house 4,500 to 5,000 persons. The fire marshal said there are about 300 others which would not come under the act, because they have less than four patients. “Inspection and enforcement will be’ good,” he commented, “but the fire, marshal’s office cannot possibly inspect more than about half of these homes a year. We still will have to inspect those not affected by the new rules.”

“The attorney general’s office approved the fire safety rules submitted by Herron and an advisory
committee made up of the study group and the legislative group, the fire marshal said. Following a hearing, one primary change was made. Herron said he had no doubt that the attorney general’s office will approve the amendment, because it eased up one of the original rules. That rule referred to the requirement of sprinkler systems. The original rule provided that frame homes housing 15 or more patients must immediately install sprinkler systems. Largely at the insistence of nursing home operators, the rule was changed to apply to frame homes housing 20 or more patients. But in addition, the homes were given two years to install the systems.

“The home operators argued that it would be economically unsound to require homes with 15 or more patients to have sprinkler systems. Herron estimated there are about 150 homes housing 20 or more patients. He also estimated the cost of a sprinkler system at $2,000 to $2,500.

“Among the other fire safety rules, already approved, are: Any home with more than 10 patients must have an attendant on duty at all times. All homes having 4 to 20 patients, regardless of the construction, must have an automatic fire alarm system. All homes with more than four patients must have a central heating system.

“All homes of more than one story must have the stairway and dumb-waiter openings closed. Newly-constructed homes, if more than one story, must be of fire-resistant construction. In homes having more than four patients, draperies and rugs must be treated to make them flame-resistant. Any home of more than one story must have an outside exit. Every floor must have two exists. Patients must not be housed in basements.” (Carroll Daily Times Herald, IA. “New Iowa Nursing Home Law to Become Partially Effective Soon; Weeks Late and Under Clouds.” 9-7-1957, p. 8.)

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