06/13/2003

BY MARK ARSENAULT
Journal State House Bureau

PROVIDENCE -- Fire-safety legislation inspired by The Station nightclub disaster sped with unanimous support through the House of Representatives and a key Senate committee yesterday, on a schedule that would bring it to the governor for his signature in less than two weeks.

The legislation would end the "grandfather" exemption from modern fire code, require more mandatory sprinklers, ban pyrotechnics in most indoor venues, and provide fire inspectors with greater power.

"It's sad that codes seem to get tougher after disasters," said Rep. Norman Landroche, D-West Warwick, who introduced the House version of the bill. He acknowledged that "even this piece of legislation is not 100-percent preventative.

"But certainly this is a clear path to ensure a safer public and a more responsible business owner in respect to fire safety."

Journal photo / Mary Murphy Sen. John Celona, D-North Providence, chairman of the Senate committee that approved a fire-safety bill yesterday, hugs Georgina Silva, of West Warwick, whose brother Tom Medeiros died in The Station nightclub fire.

The House of Representatives approved the 37-page "Comprehensive Fire Safety Act of 2003" by a 71-to-0 vote. The bill is directly drawn from the recommendations of a special legislative commission on fire safety.

The Senate Committee on Commerce, Housing and Municipal Government unanimously recommended an identical bill. The full Senate is scheduled to take up the bill on Tuesday. Commerce Committee Chairman Sen. John Celona, D-North Providence, also a cochairman of the special fire safety commission, is confident that the bill will pass the Senate.

The House and Senate bills will crisscross between the chambers next week in legislative committees, said Larry Berman, spokesman for House Speaker William Murphy, D-West Warwick.

Best guess for when the bill hits Governor Carcieri's desk is around June 25. Carcieri has said he will sign it.

Lime Rock Fire District Chief Frank Sylvester summed up the bill's momentum yesterday: "Any senator or representative that opposes this piece of legislation opposes the safety of Rhode Island," he said before the Senate Commerce Committee.

Christie Robbins, of Fall River, who lost five friends in the fire, pleaded with the Commerce Committee to approve the bill. "Please pass this code," she said. "I know you can keep us safe."

While the votes were unanimous, the testimony was not. The Rhode Island Hospitality and Tourism Association complained in a letter to Celona that the bill's timetable for safety improvements was too aggressive.

"We agree with the intent and goals of the act to maintain safe places of assembly," wrote Brian A. Goldman, a lawyer for the association. "However, we believe the time frame to comply with the new regulations is not attainable for most owners and operators."

Journal photo / Mary Murphy Rep. Norman Landroche, left, speaks with Rep. Tom Brien before yesterday's House session, at which fire-safety legislation introduced by Landroche won unanimous approval.

The legislation would require nightclubs with maximum occupancies from 150 to 300 to install sprinklers by July 1, 2006. Larger establishments would have to install them by July 1, 2005. Clubs with capacities above 150 would need exit signs near the floor, so they would be easier to see if the room fills with smoke.

The legislation would repeal the grandfather exemption, effective next Feb. 20, the one-year anniversary of The Station fire. In place of the exemption, the bill would adopt the National Fire Protection Association's codes for new and existing buildings. Some property owners may be required to install "active" fire-protection measures, such as fire alarms.

"The proposed deadlines to comply with new regulations will not even provide time for permitting, much less time for making the improvements themselves," Goldman wrote.

Celona dismissed the suggestion that the timetable is too hard. "It is my opinion that if they aggressively start out from day one to meet that obligation, we can meet that goal."

Might the General Assembly revisit the time frame in the future?

"We can revisit anything," Celona said, "but I doubt it. To weaken the legislation? No way, no how."

THE GENERAL Assembly created the special fire safety commission shortly after The Station burned down and killed 100 people in the deadliest fire in state history. The 17-member safety panel issued its proposals last week, after nine weeks of study.

The fire safety legislation "is a direct result of the nine weeks of public testimony we received," Celona said.

The version approved yesterday in committee and on the House floor is slightly different than legislation unveiled last week. The original required hard-wired smoke and carbon monoxide detectors in all three-family dwellings within five years. The revised bill allows for "wireless" detection systems.

The original also exempted state and municipal buildings from the sprinkler requirements. The current bill does not.

Fire officials have been strongly behind the bill. "It should be passed without hesitation," urged state Fire Marshal Irving Owens.

State Rep. Joseph Trillo, R-Warwick, a fire safety commission member, abstained from voting on the recommendations last week to protest the proposed repeal of the grandfather exemption.

He supported the legislation yesterday.

"As most of you know, I had a lot of concerns about the removal of the grandfather clause across the board," Trillo said on the House floor. "I still have some concerns but I must admit to you that a lot of those concerns have been put to rest."

Trillo said he came to support the bill after going over the NFPA codes with fire officials, Celona and the other cochairman of the special commission, Rep. Peter Ginaitt, D-Warwick. They assured Trillo that the NFPA codes "should not hurt property owners and tenants that are in buildings that are less-expensive apartments," Trillo said.

"I am concerned still that we are going to pass a tremendous unfunded mandate," Trillo said. "This bill will need a lot of money. The money will have to come from cities and towns [for additional inspectors]. I don't know whether we're able to help the cities and towns with this."

Ginaitt said the legislature is "looking at components to help the cities and towns" meet the requirements of the new legislation, as well as increasing the fire marshal's staff. "This is not business as usual. We are going to see changes in the state of Rhode Island."

With reports from the Associated Press.

Read the full text of the bill calling for improvements to the fire-safety code, as approved by the House yesterday:

http://projo.com/extra/2003/stationfire/firesafetybill.pdf