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Unsafe to Occupy Order notice posted on business door by City of Ferndale (October 23, 2026). Photo: Whatcom Business Journal

City issues unsafe to occupy order for Ferndale bar following inspections

On October 22, 2026, the City of Ferndale issued a stop work and unsafe to occupy order for Main Street Bar & Grill at 2005 Main Street. A notice of the order was posted on the front door of the business and was effective immediately.

The property owners, Maria and Emmanuel Polychronakis, are listed as the responsible party on the order. The business is operated by David and Tanya Braithwaite since purchasing it in 2022 according to Washington State Department of Revenue records.

The order cited a September 11, 2026, food safety inspection report from the Whatcom County Health Department. The health department inspection identified the following violations.

  • changes made beneath the Type 1 hood, including the addition and relocation of commercial equipment
  • no visible evidence of recent inspections
  • ventilation system unable to adequately remove smoke during cooking
  • basement access door left open and fans placed at the top of stairs for air circulation
  • Type 1 hood appeared not to have been professionally cleaned in several months

Following the health department report, the city conducted an inspection at the request of the building owners according to the notice. The city inspection identified the following violations.

  • commercial cooking system non-compliant with the 2021 Washington State Building Code and Fire Code
  • holes cut into the Type 1 hood, rendering it inoperable and compromising fire suppression
  • grease accumulation on walls, ceiling, equipment, ductwork, and gas supply lines
  • fire-suppression nozzles coated with grease and appearing clogged
  • inability to verify an interlock on the gas piping
  • grease accumulation at the roof duct termination point leaking into the gutter and stormwater system
  • Class K fire extinguisher out of compliance and not serviced in over 1 year
  • no apparent connection between the Type 1 hood and a fire alarm monitoring system

The enforcement action requires the business to immediately cease operations and occupancy. The unsafe to occupy order remains in effect until violations are resolved through permitting, corrective work, inspections, and approvals.

The responsible party is required to immediately install a drip pan at the roof duct termination point to prevent pollutants from entering the stormwater system. According to the notice, the responsible party may file an appeal or request an expedited appeal hearing with the hearing examiner within 72 hours of the order being posted.

In an email to the Mayor and Ferndale City Council members, City of Ferndale Community Development Director Michael Cerbone said that in response to the Health Department’s concerns, the City hand-delivered a Notice of Correction on October 14, 2026 to the business owner to schedule a building inspection to assess existing conditions, identify potential life-safety hazards, and determine whether additional permits, repairs, modifications, or approvals were necessary. The business owner called for inspection on October 21, 2026, according to Cerbone. An inspection was completed on October 22, 2026. The Building Official and Code Compliance Officer identified additional fire life-safety concerns beyond what was communicated by the Health Department Based on the conditions observed during the inspection, the City issued an Unsafe to Occupy Notice for the business based on significant code violations and life-safety concerns.

The City’s approach is to work collaboratively with business owners to achieve compliance and avoid enforcement actions whenever possible. However, when fire and life-safety concerns have been identified, the City has a responsibility to ensure those concerns are addressed promptly and appropriately to protect public safety.

– City of Ferndale Community Development Director Michael Cerbone (October 22, 2026)


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