Michael McGrath 415 Summerhill Terrace Alpine, CA 91901 Spokesperson for the website Homedepot911.

com

DEMAND LETTER FOR SAFETY AND COMPLIANCE

May 27, 2013

Mr. Frank Blake CEO Mr. Michael Dalton Sr. Attorney-Legal Environmental, Health & Safety The Home Depot 2455 Paces Ferry Road Atlanta, Georgia 30339-4024 Mr. Dalton: Since you were the last representative of the Home Depot Corporation that was delegated to address my original complaint letter directed to Mr. Frank Blake regarding lack of safety at many of the Home Depot stores dated October 20, 2008, I address this letter to you. This is a DEMAND LETTER FOR SAFETY AND COMPLIANCE to the rule of law to Mr. Frank Black CEO. I, Michael McGrath, state for the record the following: I allege that the Home Depot Corporation operates several facilities that are in noncompliance to federal, state and local laws, regulations, codes and standards under National Fire Protection agency (NFPA), California Fire Codes, Environmental Protection Agency (EPA), California State Building Codes, U.S. Department of Labor Occupational Safety and Health/Cal OSHA, National Electric Code (NEC), Title III ADA, and civil rights laws pertaining to means of egress, emergency preparedness, and safety systems. I further allege that the conduct and practices of the Home Depot Corporation has been unlawful, unfair, fraudulent, deceptive, untrue, misleading, and discriminatory.

I have not given up my pursuit for safety which was stated in my previous complaints. I had hoped that after we talked in 2008 and 2009 that there would have been some meaningful changes implemented within the Home Depot stores by the Home Depot Corporation USA. For a while I continued to be a customer of the Home Depot stores but continued to see problems, and I complained to management about the lack of safety of the Means of Egress and emergency preparedness at these facilities. My many interactions by voicing complaints and concerns about lack of safety, lack of Means of Egress, and blocked fire lanes with store management, assistant managers, associates, vendors, and employees of the Home Depot Corporation USA has left me with little or no meaningful changes or improvements to safety standards. On several occasions, I requested that the fire lanes not be blocked (which were blocked at the back of the Fairmont store in San Diego) and requested that the Means of Egress be re-established because it was obstructed at the front of the store on 7-18-11 and 7-22-11, but my reasonable request for safety was denied and ignored. I was even challenged over my concerns for safety. Again, I was asked, why I care? There was a time when each stores public address system solicited customers to speak with associates if they saw any safety issues or concerns. When I did see something, I spoke out, only to be challenged, ignored and discriminated against. That was it for me; I have completely lost my trust in the Home Depot Corporation USA and its stores. I am no longer a customer of Home Depot stores and will never shop there again until there is safety. As an invited customer into your store, I do not need to relinquish my public rights to acquire safety and forfeit my right to privacy pertaining to my personal health problems. My simple and reasonable request for the right of safety was completely justified on my part on all occasions, but has been denied on many occasions. After repeated requests for safety, after repeatedly being discriminated against, and after repeatedly being challenged and denied the benefits of safety to Means of Egress, and constantly being denied reasonable care, I could no longer assume the risk of shopping at any of the Home Depot stores for my own health and safety.

CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
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My original complaint letter to Mr. Frank Blake, the Board of Directors, and Western Regional Manager, Mr. Joe McFarland, dated October 20, 2008, along with accusations and photographs that documented the conditions of lack of Means of Egress had little remedy to the problems and the corporate responsibilities to address them. My correspondence with you had no benefit in addressing my concerns. Mr. Dalton, you stated that the Home Depot Corporation was in compliance with all its regulatory responsibility. Even though I refuse to assume the risk of entering your property that does not mean I have relinquished my rights in defending life and pursuing and obtaining safety for everyone. Mr. Blake and Mr. Dalton, I will not walk away from the deprivation of safety at the Home Depot facilities. These risks and dangers still persist at many of the Home Depot stores unbeknownst to customers, employees, first responders, and the communities that the Home Depot Corporation USA conducts business. In the course of public safety I act and take pictures from a vantage point off the Home Depot property. If something was to tragically happen, my allegations and photographic evidence would substantiate evidence of a crime and would be used in the prosecution of all responsible and culpable at the Home Depot Corporation USA. The lessons of too many past disasters and loss of innocent lives have gone unheeded by too many - including the Home Depot Corporation. I refuse to sit back and see history repeat itself again because of the lack of egress (blocked emergency fire exits) and lack of emergency preparedness. Thus, this is my attempt to mitigate the loss of human life now and in future disasters. My remedy is to expose the problem to the public and demand change, demand accountability, and demand safety compliance to laws, regulations, codes, and standards by the Home Depot Corporation USA. This information is posted on the website homedepot911.com. The website is devoted to educate and improve safety for everyone. Consumers and the public have the right to know the true risks and dangers of the Home Depot Corporation and its failure to be in compliance with safety laws and in providing reasonable care for everyone. You see Mr. Dalton, when I see something that is not right, I speak out for the safety and well-being of others as a pre-responder to disaster. I believe it is everyone's obligation to speak out when they see something is wrong. The website photos document a pattern of conditions showing obstructed and blocked emergency fire exits (Means of Egress) that are not always visible unbeknownst to customers. These unreasonable violations of lack of duty of care, duty of preparation, duty of lookout, and duty of prevision exposes them to

additional risks in the already inherently dangerous environment of the Home Depot business model. In the last month (video and photographic evidence enclosed), I have witnessed and documented the gross lack of safety at the Genesee store in San Diego, California, that has been under remodel for several months. It illustrates the lack of Means of Egress, obstruction of fire protection systems, obstruction of fire lanes, obstruction of emergency electrical and gas disconnects, and environmental pollution that places yet another added risk to that of the inherent dangers of the Home Depot Corporation USA warehouse business model. Then, the Home Depot Corporation compounds their noncompliance of those risks by adding inherent dangers of construction and remodel of this facility while simultaneously conducting business operations. Mr. Blake and Mr. Dalton, last week the main water supply to the automated sprinkler system was turned off for the repair of the fire protection system for the building. The automatic fire sprinkler system for the building was out of service for two days (from 5/21/2013 11:15 AM to 5/23/2013 12:32 PM) without any required notification to fire officials and no required fire watch was set up during this repair. This is at a time when many of the Means of Egress systems were blocked, obstructed, uncompleted, and compromised. Fire lanes were blocked and obstructed and not available for an emergency. This reckless conduct of the Home Depot Corporation USA decision in allowing this facility to remain open during the store remodel and expansion done in the pursuit of profits is reprehensible. Risk, risk, risk and more risk all unbeknownst to customers in an attempt to keep the store open during an extensive remodel. The nefarious conduct of both the Home Depot Corporation USAs corporate culture and organizational culture that exposes human life to these insidious hidden dangers will not stand. Just because I am no longer a customer and refuse to assume these risks does not mean I refuse to stop seeking safety for others including your customers, employees, and our first responders. These individuals are not aware of these dangers and this puts their lives at risk needlessly because the Home Depot Corporation USA cannot comply with its duties of care and obligations to be in compliance with regulations, codes, standards and laws pertaining to safety and emergency preparedness. To date, I have documented over a decade of photographic and video evidence that clearly illustrates lack of safety, lack of duty of care, and lack of emergency preparedness. This evidence documents noncompliance with the laws, regulations, standards and codes under California Fire Codes, California Building Codes, Title III ADA public accommodation compliance, Clean Water Act and civil rights law. These activities and conduct of the Home Depot Corporation will be disclosed to substantiate violations of public trust by the Home Depot 4

Corporation USA and its failure to be in compliance with its regulatory responsibilities. The website homedepot911.com has only posted a fraction of photographic evidence yet to be disclosed to the public. This is not a threat but only a prelude to the truth to be disclosed. I intend to lift the veil of this corporation and reveal the truth about the hypocrisy, contempt, and disregard to the laws by the Home Depot Corporation USA and its stated Business Code of Conduct and Ethics and Values. The truth will be published forever for everyone to see - your customers, shareholders employees, and the communities in which it operates. Let the public and your shareholders bear witness to accusations and facts that I allege here against Home Depot Corporation USA. Then, let them be the judge to this conduct. The events of the Boston bombing, Texas explosion accident, and the building collapse in Bangladesh illustrates the ongoing vulnerability of the human condition we still face today and in our future. Why does the Home Depot Corporation USA conduct business like that of the negligent business owner in Bangladesh with reckless indifference to human life? Mr. Blake, we are not a third world country, we have laws, regulations, codes and standards that are intended to protect the public, and you fully well know the Home Depot Corporation USA has a duty to be in compliance with the laws and regulations. You know or should have known the magnitude of the deprivation to safety that has existed with my first complaint and still presently exists. Many of your stores are not prepared for a disaster, be it a fire, earthquake, acts of violence, terrorism, structural failure, human error or just simple panic. The Means of Egress in any of these disasters should be available, should be ready, and should be durable, maintained and unobstructed as per law. These emergency exit doors are not just fire doors; they are the doors of life in a disaster. They are ingress for first responders and doors to freedom and safety for all. Mr. Blake and Mr. Dalton, enclosed you will find a zip drive which has videos and photographic evidence that substantiates my original and ongoing allegations of the complete failure to safety (during the course of construction) at the Genesee store (and several other facilities). This photographic evidence illustrates the failure of the Home Depot Corporation USA to be in compliance with California fire code regulations, California building code regulations, Cal OSHA regulations, Title III ADA compliance pertaining to lack of Means of Egress, lack of emergency preparedness and reprehensible lack of duty of care to the welfare of all.

Gentlemen, if by some chance these photographs and videos that I provide you disappear from the Home Depot Corporations computer system once again, you just have to log on to the website homedepot911.com and you will see the evidence on this zip drive posted for everyone to see - including yourself and all Home Depot officials. It is on the page titled Mr. Blake we are not a third world county, we have laws. The Home Depot Corporation USAs corporate and organizational culture is successful at operating a retail business. Then again, the same culture is a dismal failure at providing proper safety and emergency preparedness. The selfregulation of the Home Depot Corporation USA and its inability to comply with laws is self-serving and feeds upon the inability of oversight by those responsible for regulatory compliance. The inability of those agents charged with the responsibility for enforcement of these regulations are a separate social failure because of lack of manpower, resources and/or financial restraints of which government are no excuse for your noncompliance. This does not release the Home Depot Corporation USA of its obligation, responsibility, and duty to be in compliance with all regulations, codes and standards that govern their operations. The risk management assessment of the Home Depot Corporation USA fails to prioritize safety first. All corporations are charged with the responsibility of obtaining financial profit back to their shareholders, but the manner in which they accomplish this must be lawful. I contend that safety and profits do not have to be exclusive to each other. I also contend that both are a necessary path to the bottom line of the health of both the corporation and the public. Truth of the matter is, the Home Depot Corporation USA does not act mutually in the interest of these benefits but instead, choose profit first. This is why I feel the Home Depot Corporation USA is responsible for the allegations presented in this letter and more to be disclosed. I do not mind when the Home Depot Corporation USA risks their shareholders capital in their pursuit of profit. This is their chosen choice, and your shareholders assume those risks. What I do mind is the reckless conduct of the Home Depot Corporation USA when they risk human life in that pursuit. Unlike your shareholders, your customers do not know the risk they take. Besides, this is an unlawful risk that no business is allowed to take. Mr. Blake, as CEO, I hold you personally accountable for all the conditions and conduct pertaining to my allegations about The Home Depot Corporation USA. I demand safety for all; I demand change. Time is of the essence. It is again time to remodel your safety system. This is to include all of your asset protection/loss prevention/safety systems and in focus safety program. I will demand nothing less than having safety prioritized and placed first by the Home Depot Corporation USA before anything else. This requires a total re-assessment to the Home Depot Corporation USAs culture, both corporate and operational, to focus on an inherently safer design system. 6

Place SAFETY FIRST, not just in name but in practice and deeds! Safety first should be durable and dependable and in compliance with all laws, regulations, codes, standards, obligations and duties to customers, employees, and first responders. When that is done, then, and only then, should the Home Depot Corporation USA enjoy the financial profits of their business activities. I am very serious about what needs to be done by the Home Depot Corporation USA. Please do not make the same mistake again by underestimating my commitment to the right to pursue and obtain safety for the protection of human life. I will expose the truth about the lack of safety to the public and to your shareholders, hopefully prior to the loss of any innocent lives from any pending future disaster. I act in the interest of public safety, and I exercise my rights in the pursuit of safety for everyone including your customers, your employees and our first responders. I will take whatever legal action necessary and pray for a lawful remedy to compel the Home Depot Corporation USA to be within all the laws and regulations. The unlawful acts, conditions, and conduct at many of the Home Depot stores can lead to needless loss of innocent life if left in the present state of noncompliance. Gentlemen, you must surely understand my concern, and if you do not, this problem may be greater than I even comprehend. If that be the case, I will not be stopped, deterred, or denied my and everyones civil rights to safety The Home Depot Corporation USA does not have the right to put human life at risk in its pursuit of profit. This is not Bangladesh or a third world country, this is American. As I sit here composing this demand letter on Memorial Day, I cannot stop thinking of all who have given and sacrificed so much and those who have fought and died for our cherished rights and freedom that govern and protect us all. In their honor, and to the memory of all the innocent victims of past disasters, I will be vigilant in securing and preserving those rights, and I will take whatever necessary action to secure the safety of all Americans now and in the future. Why do I care? Because, Mr. Blake, the Home Depot Corporation USA does not care! Please answer this demand for safety letter to the above physical address.

I DEMAND THAT THE HOME DEPOT CORPORATION CARE ALSO! I DEMAND SAFETY! Praying for remedy,

Michael McGrath Spokesperson for the website homedepot911.com mmhd911@gmail.com Enclosure: Thumb Drive Videos/Photographs

cc:

Frank Blake, CEO, The Home Depot USA Kamala D. Harris, State of California Dept. of Justice Juvilyn D. Alegre, San Diego Fire Rescue Dept. Office of the City Attorney- Code Enforcement Unit U.S. Dept. of Justice Civil Rights Division, Disability Division Bonnie Dumanis, San Diego District Attorney Kathy Derham, Dept. of Labor, Cal OSHA Industrial Health & Safety