According to Gio's owner, Greg Veregken, Conway has been on vacation since the day after the KCCC closed the restaurant, Dec. 5. "They are arguing about a technicality in the code," Veregken said last Thursday. "We thought we had them satisfied a few times and they aren't satisfied."

The violation, according to Veregken, revolves around the interpretation of the definition of a public water system.

The KCCC informed Veregken that he did not have a listed pump in his well system that feeds his sprinkler system inside Gio's.

Veregken hired a downstate company, Fire Safety Inc., to study the system and render an opinion. The company rendered a dual opinion that the system meets the state and federal requirements as a public water system and it also has met all the testing requirements of water flow for the sprinkler system, according to Veregken

. "The KCCC's side of the dual opinion stated that if you don't recognize that the water system is a public water system, then it would need to have a listed pump in the well in the pump to comply with the NFA (National Fire Association) codes for sprinkler systems," Veregken said. "The KCCC has refused to recognize the state and federal standards of a public water system as designated by the DEQ, which governs water supplies at the state and federal level.

"The KCCC has rendered the opinion that when the code states Ôpublic water system,' it only refers to a municipal water supply and, as such, does not apply to any other types of public water systems," Veregken said.

According to Veregken, this is where the discrepancy lies. "In the NFP codes, there are many areas that talk about a municipal water supply, so if that was what the codes were referring to, where it states public water s, there would not be any reason for the two different terms, obviously, there is a broader meaning here," Veregken said.

Veregken said he had two new wells drilled, in order to create a public well system and have enough capacity for the restaurant and the sprinkler system.

"Originally, we were going to install tanks in the pump in the basement for feeding the sprinkler system, but because of power requirements and delays in getting equipment, we were forced to look at other avenues to feed the sprinkler system and that's where the public water system issue started," Veregken said.

Veregken said that Art Shaw, of Charlevoix, who is licensed to crosscheck sprinkler systems and has done the original review and recommendation of the system, was contacted about the change and informed us that it would be fine, as long as the new system had the needed flow to supply the sprinkler system

"We talked to him and changed to the well system, instead of having tanks in the basement," Veregken said. "It says in the code that if it is a public water system, you need to prove the adequacy of the supply with pump tests, which were done. "If our system were not recognized, as a public water system, I would need to have a listed pump but put into the well. Unfortunately, there is not such a pump available in the world. They are not made for wells, as there has never been a need."

KCCC's argument is that the county has a liability concern if the system fails in the remote chance there is a fire and a problem, like the loss of life, occurs, according to Veregken.

"This is a liability issue, not a safety issue, as we have proven, with our pump tests, that the system is m

ore than adequate," he said. "It's kind of a Ôcover your posterior' thing." Veregken said the sprinkler system also is the reason why he did not have his liquor system.

"It is sitting in Lansing," he said. "They won't sign-off on it," he said. Veregken said he has met with and spoken to Kalkaska County commissioners, who, while being sympathetic, have not been able affect the thinking of the KCCC or even get a meeting to bring everyone together to discuss the problem, as he has repeatedly requested. Veregken said he received internal communication documents between Conway and the attorney, after filing a Freedom of Information Act request.

"He (Conway) did not present our case to the lawyer as a public water system," Veregken said. "They're taking a very narrow view. There is no definition of a public water system in the codes. "If there are no definitions, you've got to go with the state and federal definition."

Veregken said he is filing an appeal.

"I've had to do a ton of research," he said. "It's absurd." Veregken said the best case scenario is that his appeal will be heard in a couple of weeks and he will win.

"If not, we've got to go the state," he said. "That scenario is most likely to happen, as Mr. Conway has stated our chances of changing their minds on the appeals hearing is just not going to happen. I really feel horrible about all the people put out of work by the KCCC not continuing to work with us to solve this problem.

"Worst case scenario Ð we'll be closed forever. After you've got $700,000 invested, you either solve the problem or file for bankruptcy," he said.