CLEARFIELD TWP — The owner of a personal care home on Harris Road shut down by the state is fighting back to keep her business open and to clear her name.

Kimberly Fair, 32, said state officials were out of line June 21 when they removed 15 residents receiving care from the building at 135 Harris Road, which also is a boarding house.

“It's just sad,” she said.

As of Wednesday, two of the 15 people were back living with Fair.

She said the allegations by the state Department of Public Welfare and the Butler County Area Agency on Aging are untrue.

“It's not legitimate,” Fair said.

The state, which issued an order to cease operations, maintains Fair must shut her doors because she doesn't have a license to operate a personal care home.

Ronald Melusky, director of the welfare department's Bureau of Human Services Licensing, said licensing regulations cover homes with four or more residents needing care.

“You do need a license,” he said.

Fair argues the code stipulates a home cannot exceed the ratio of three residents per caregiver.

“There is no limit to the number of operators,” she said.

According to Fair, there are a total of eight people who were taking care of the 15 residents.

Melusky said that interpretation of state guidelines is erroneous.

“That is unequivocally inaccurate,” he said.

Fair also disputes the state's claim that her building is unsafe.

As of Tuesday, she had not received a notice to vacate the home.

But that will change, according to Jeff Richardson of Richard Inspections of Volant, who enforces the Uniform Construction Code in Clearfield.

He said a 10-day notice to vacate was sent this week via a certified letter, which is a later time frame than county officials initially believed.

Richardson said the main issue for Fair is the lack of an occupancy permit since the building is being used for something more than a single-family residence.

“The building is illegally occupied,” he said. “They will be ordered to vacate.”

Fair questioned how her building can be categorized as commercial considering the township has no zoning ordinance.

“How can you classify it?” she said.

Building code is applied based on the use of the structure.

Richardson agreed with Fair that there is no safety hazard in the two-story building.

“There is no immediate danger,” he said.

However, Richardson said Fair must obtain an occupancy permit and address several issues, including having lit exit signs and panic doors allowing easy access to escape the building in the event of an emergency.

“Nothing that can't be fixed,” he said.

Fair said there are lit exit signs, but some doors were deemed inappropriate access points. She insists building code requirements were met by blacking out exit signs for doors no longer being used.

Richardson said Fair could extend the length of time to correct the deficiencies if she voluntarily vacates the building on a temporary basis.

Aside from permitting issues, Fair said other claims made about her home are baseless.

She said the conditions were not unsanitary.

“I take such pride in what I do,” Fair said.

Beth Herold, AAA administrator, said Fair and others started cleaning the home after the county called the state on June 21.

Fair denied that was the case.

Barb Miller, whose mother Opal Genovisi, 86, lives in the home, also refuted the building was not clean.

“I took offense at that,” Miller said.

She helped clean the building before Fair and the other people moved into it.

Fair also denied there was a snake kept in the home.

“We don't have a boa constrictor,” she said. “I'm petrified of snakes.”

However, Fair conceded there was a ball python kept at a Gibsonia personal care home, her original site.

Herold said she never saw a snake, but the residents were looking for it during their evacuation.

Robert Cromlish, who is Fair's boarder, backed her claim that conditions were sanitary. He said there was no snake, only four dogs (one of which stays outside), two cats and one bird.

“We keep it clean,” Cromlish said. “The animals are no problem.”

While Fair stressed there was sufficient food stored in the refrigerator and pantry, Herold said there wasn't enough to accommodate all the people living in the home.

Fair challenged Herold's prior comment about the residents being lethargic when she arrived June 21 after receiving an anonymous tip about the personal care home.

“I'm not sure what they expected them to do upon their arrival,” Fair said.

Herold said some residents were sleeping through the activity occurring that night.

Fair said the county's claim of missing medication is another fabrication.

“I would have been taken away by police,” she said.

Fair accused state and county employees of not treating her or the residents fairly during the evacuation.

She said a former resident, who is a double amputee, was distressed by the day's events.

“She cried her eyes out,” Fair said.

Herold said the residents did not become upset until Fair spoke to them.Fair described the residents as being part of her family.Miller agreed the situation was mishandled.“We were so upset by the way they handled this,” she said.Herold said county employees remained professional while Fair did not.“Once we notified the state, she became very agitated,” Herold said.Melusky said the welfare department called Butler state police to the scene because Fair was uncooperative.“These can be dangerous situations,” he said. “The operator became upset.”Fair pointed out that police did not arrest or cite her on any charges.Miller defended Fair, saying the state was being vindictive.“She stood up to them, and they didn't like that,” Miller said.Fair said that vindictiveness was caused by her failing to notify the state she relocated her home from Gibsonia.Melusky stressed his department doesn't act in a retaliatory manner.He said the state workers did nothing wrong.“They are consummate professionals,” Melusky said. “They wouldn't intimidate residents or threaten an operator.”He confirmed his department was unaware of Fair's move until the county called.The welfare department in February conducted a similar evacuation of the Gibsonia location due to the lack of a license. Fair is appealing that decision through the welfare department's administrative tribunal.She said any permitting issues at the Harris Road site should be deferred until the August hearing set for that appeal.Fair cited uncertainty about the future of the building she was renting in Gibsonia as the impetus for her relocation.“I wanted a stable place for my family,” she said.Melusky emphasized his department conducts evacuations only when necessary.“We have rock solid evidence,” he said.Melusky said he couldn't discuss details of the Gibsonia case due to the appeal, but did address how some people stay or return to evacuated homes.“At the end of the day, we can't force a person out,” he said. “However, we can stop an operator from admitting people.”Fair said the county also was wrong about the name of her business, which is called the Kimberly Fair Boarding and Care Home.She also refuted a boarder's prior claim that she was turning the building into a bed-and-breakfast business.The June 21 evacuation led to Butler County Children and Youth Services visiting the site to check on the welfare of Fair's three daughters: Kylee, 11, Kayden, 2, and Khloe, 1.Carmine Scotece, director of county human services, said there were no issues encountered by CYS.“It was a good visit,” he said.Cromlish praised Fair, saying she doesn't deserve the treatment she's received.He said Fair gave him a place to stay when he was homeless.“She took me in,” Cromlish said. “She gave me a chance at life.”Fair, who has worked in the personal care home field for 15 years, said her goal was to revolutionize the industry by getting residents more involved.“Not having them stare at televisions or walls,” she said.Fair said her home is always open to visitors.