A McHenry bakery destroyed by a fire in January has filed a lawsuit in McHenry County seeking damages in excess of $50,000, court records show.
McHenry’s Riverside Bake Shop, along with Charles Rice and the bakery insurance carrier, is suing APR Roofing and APR Contracting of Chicago for damages associated with the fire that destroyed the bakery on Jan 18.
The lawsuit filed in circuit court claims that the roofing contractor was negligent while performing work before the fire.
The bake shop has been closed since the fire that severely damaged the building in the 1300 block of Riverside Drive.
Two other businesses that were in the same building have reopened in nearby temporary spaces.
The lawsuit, filed in McHenry County Circuit Court on April 17, is seeking in excess of $50,000 in damages through a jury trial.
The McHenry Township Fire Protection District responded around 12:06 p.m. on January 18 to 1309 Riverside Drive in McHenry for a report of a structure fire.
Firefighters arrived in three minutes and found heavy smoke showing from the roof of a single-story commercial building, McHenry Township Fire Protection District Acting Battalion Chief Josh Olmstead said at the time.
Firefighters initiated an aggressive fire attack while searching to ensure all occupants had safely evacuated, Olmstead said.
Billy Andersen said he was driving by when he noticed the fire and ran inside to help get everyone out. He opened the back door, and the room was filled with smoke, with flames coming from the ceiling.
Andersen said he told two men to get outside. He helped a third, older man out of the building.
All occupants were confirmed to be out of the building. The fire extended and impacted several adjoining businesses.
Olmstead said fire suppression efforts were hampered by extreme cold, and the incident resulted in extensive damage to several businesses.
The incident was upgraded to a Working Fire response and then quickly upgraded through the Mutual Aid Box Alarm System (MABAS) to the box alarm level.
The incident was again upgraded to the second alarm level and then the third alarm level, bringing fire departments from McHenry, Lake and Kenosha counties to the scene.
The incident was upgraded again to bring a team of 10 fire engines to the scene from other MABAS divisions, including departments in McHenry, Kane, Cook and Lake counties.
Olmstead said a firefighter and a civilian were transported by ambulance to Northwestern Medicine Hospital in McHenry with minor injuries.
McHenry Mayor Wayne Jett said the community experienced a “heartbreaking fire” that caused significant damage to the bakery and other businesses.
“Our thoughts are with the owners, employees, and everyone impacted by this loss. I have personally reached out to both businesses to offer the City’s assistance as they work to rebuild or relocate,” Jett said.
“These are valued local businesses, and we will do everything we can to support them during this difficult time,” he added.
The mayor called it “truly a sad day” for McHenry. “I want to sincerely thank the McHenry Police Department and McHenry Fire Department for their quick response, professionalism, and dedication to keeping our community safe.”
Riverside Bake Shop owners Bernie and Carol Rice said in a statement that they were thankful for the community’s support during the “devastating time” and that they were determining how to proceed.
“We are thankful from the bottom of our hearts for all those who have reached out to support us. We are currently closed throughout this time and will provide updates when we learn more information,” the owners said.
Reeses Barkery and Pawtique said their “hearts are broken.”
“This place is more than a store to us. It is something we built with love, community, and a whole lot of heart,” the business owners said.
“We want to say thank you from the bottom of our hearts to all of the fire departments and first responders who showed up and worked tirelessly. Your quick response, care, and compassion mean more than we can put into words,” they added.
Fire investigators from numerous fire departments were called to the scene to determine the cause and origin of the fire.
A fire investigation report recently obtained by Lake and McHenry County Scanner through a Freedom of Information Act (FOIA) request showed the fire caused approximately $1 million in building damage and $500,000 in content loss.
The report said the fire originated on the roof near the second-story outside wall and traveled through the void space between the roof and ceiling of the building.
Business owners and workers from APR Roofing, who were hired by Riverside Bake Shop to re-roof the building, were interviewed by investigators. A city permit had been obtained for the work.
The workers had begun work on the roof the day prior and returned around 8:30 a.m. on January 18, where they continued work and then took a lunch break around 11:30 a.m., the report said.
The crew reported turning off all three torches, which were being used to heat the tar and adhere the new rolled roof to the existing surface, and waiting several minutes before climbing to the ground and having lunch in their pickup truck on Pearl Street, the report said.
The crew returned from lunch around 12 p.m. and witnessed an employee in the alley yelling that they saw smoke coming from the roof.
The report said the three workers went to the roof and saw flames coming from a roof vent.
They used several fire extinguishers to attempt to extinguish the fire, but were ultimately unable to stop the fire before it could spread.
Investigators ultimately determined in their report that the fire began when ignition occurred when heat from the propane torch raised the temperature of old, dry wood boards beneath the metal flashing until they reached their ignition point, the report said.
The ignition was further influenced by moderate wind speeds and extended heating, driven by cold temperatures that prolonged the heating.
The fire then spread, driven by moderate winds, into the exterior roof and the void space beneath it. It was hypothesized that the fire had been burning for an hour before being noticed, the report said. The fire was deemed accidental.
Route 120 was completely shut down between Green Street and River Road by police officers during the fire, but reopened by 5 p.m., with Riverside Drive between Pearl Street and Route 120 continuing to remain closed.
The Algonquin, Antioch, Bartlett, Carpentersville, Cary, Countryside, Crystal Lake, Elgin, Fox Lake, Grayslake, Hampshire, Hebron, Huntley, Lake Zurich, Lake Villa, Libertyville, Lincolnshire, Long Grove, Mundelein, Nunda, Richmond, Round Lake, South Elgin, Spring Grove, Twin Lakes, Wauconda, West Dundee, Wonder Lake and Woodstock fire departments assisted at the scene or covered McHenry fire stations during the incident.
The Salvation Army Canteen and warming buses from McHenry School District 15 also assisted at the scene.
Riverside Bake Shop remains closed following the fire, but Reeses Barkery and Pawtique have since reopened their store at a new location at 3314 Pearl Street.