Mayor's office says a resolution is being sought
New Orleans Fire Department inspectors notified Crescent City Farmers Market organizers this week that their weekly markets violate city tent standards and lack proper permits, and gave them 10 days to comply or risk further action.
View full sizeCreole tomato sales at the Crescent City Farmers Market were photographed in June 2008. Chief Elbert Thomas Jr., head of the department's fire prevention division, said inspectors stopped by the weekly market in Uptown Square on Tuesday after they learned organizers did not have permits for the vendors' tents.
Thomas said the department is working with the market's president, Beth James -- a former economic development director for the city -- to get the issue worked out. The market faces fines or a possible shutdown.
"We have the black-and-white of the code and a few gray areas, but we are trying to work with them," Thomas said.
Under NOFD standards, all tents of more than 120 square feet require permits from the department, which carry fees unless waived by the city's Chief Administrative Office. The market would be required to apply for the permits weekly, in addition to applying for a second permit required of all special events.
The Crescent City Farmers Market is held each Tuesday, Thursday and Saturday in Uptown, Mid-City and Downtown respectively. Separate applications would have to be submitted for each event.
To meet the department's requirements, the farmers market would have to submit 600 permits a year and pay $10,000 or more in tent fees, organizers estimated. This would effectively limit the growth of farmers' markets in the area, said Richard McCarthy, executive director of marketumbrella.org, which runs the market.
"It's about public safety," Thomas said. "This is not about trying to put people out of business or making money."
McCarthy said he understands the NOFD's concern, but he doesn't believe there's much risk of fire at the markets.
"It especially makes sense if you do a lot of cooking, but we don't do a lot of cooking," McCarthy said. He said the summer heat and its effects on vendors and their products pose a bigger danger than fire.
The recent visit from inspectors surprised market organizers, McCarthy said. Fire officials come each year on Labor Day to hold fire safety demonstrations, and sometimes even to grill.
"They're regular shoppers," McCarthy said.
Thomas said fire officials never noticed the lack of permits before. "For whatever reason, it was never on our radar," he said.
McCarthy, who has researched other farmers markets across the country, said that New Orleans is unique in having such regulations.
"No one else reported anything like that," he said.
Another local farmers market, the Harrison Avenue Marketplace in Lakeview, has gone to the NOFD each time it has put on a market since it started three years ago, said Tina Marquardt, executive director. The Harrison Avenue Marketplace, however, is monthly and has on-site cooking.
"When you have a big crowd in attendance, they (NOFD) have to be involved," Marquardt said.
McCarthy said he thinks the problem is that the Crescent City Farmers Market doesn't fall neatly into the categories for which fire officials usually issue permits: It's not a traditional business since it's outdoors and operates three times a week; but it's also not a special event.
McCarthy said he believes city officials can create a special status for markets.
"Unfortunately, from what we see, is that the city understands festivals but not reoccurring farmers markets," he said.
The mayor's office said a resolution is being sought.
"Chief (Charles) Parent is working with the Crescent City Farmers' Market to find a common-sense solution," mayoral spokesman Ryan Berni said in an e-mail.
McCarthy said he's optimistic.
"I'm confident that working with the city, we can find an innovative way to (address safety issues) that encourages these markets, not discourages them," he said.
Masako Hirsch can be reached at mhirsch@timespicayune.com or 504.826.3330.