Digital Extra: The Station Fire

Those establishments have 30 days to comply with the code, or appeal for more time.

12:19 PM EST on Tuesday, March 21, 2006

BY MARK ARSENAULT
Journal Staff Writer

PROVIDENCE -- Twenty-two Rhode Island nightclubs have missed mandatory sprinkler or fire-alarm installation deadlines by as much as 20 months, according to a new report issued through Governor Carcieri's office.

The State Fire Marshal's Office is contacting each of those nightclubs, giving them 30 days to comply with the fire code, or to apply for more time from the Fire Safety Code Board of Appeal and Review, said state police Lt. John Blessing, the acting state fire marshal.

The governor blamed enforcement oversights on "a major flaw in the current system" of fire inspection and enforcement. Though the state fire marshal trains the assistant deputy state fire marshals who conduct most of the nightclub inspections, those inspectors work for their local fire departments, and are not under the direct supervision of the state fire marshal, Carcieri noted in a statement.

"Nothing in state law explicitly requires those local inspectors to report their findings back to the State Fire Marshal's Office in any systematic fashion," Carcieri said. "Consequently, at any given time, state authorities have an incomplete picture of the compliance status of most nightclubs and other facilities throughout the state."

Carcieri has asked Blessing to study the problem and to recommend "changes to the system to ensure that the state has the authority it needs to effectively enforce the code," the governor said.

"At a minimum, we must ensure that the state fire marshal is receiving up-to-date information from local inspectors on a regular basis," said Carcieri.

The Fire Marshal's Office conducted the new sprinkler and fire-alarm survey over the past several weeks, collecting information from local fire departments, Blessing said yesterday.

The survey found that 99 out of 155 Rhode Island nightclubs are in compliance with sprinkler and fire-alarm requirements established in the law three years ago. A similar survey in December 2004 found that about 73 of 160 nightclubs were compliant. The total number of clubs has changed since then, as some have closed, new ones have opened, and large banquet facilities, formerly lumped in with nightclubs, have been given their own category under the law.

Carcieri focused on the improvements in compliance, saying the report "makes it clear that we have made significant progress in improving the safety of nightclubs throughout the state . . . But it also shows that we have more work to do."

Blessing credited the work of local inspectors for the improvements.

The new requirements were approved after The Station nightclub in West Warwick burned down on Feb. 20, 2003, and killed 100 people. The law set a deadline of July 1, 2005, for clubs holding more than 300 people to install sprinklers; the law established a deadline of this July 1 for clubs that hold 150-300 people. Smaller clubs are exempt.

The law also set a deadline of July 1, 2004, for nightclubs that hold 150 or more to install alarms that connect automatically to the local fire department. Smaller nightclubs need local fire alarms.

Some business owners complained three years ago that the deadlines would prove to be too tight. In September 2004, Carcieri expressed support for maintaining the deadlines as closely as possible. "I won't be satisfied personally if what we see is a lot of people coming in for extensions," he said then.

Some extensions have already been given. Large banquet facilities have received an extension from the Fire Code Board, and have until October to install sprinklers.

The Fire Marshal's new survey shows that 24 nightclubs have also applied for variances, seeking relief from some physical requirement of the law, or more time. Though they apparently lack some element of fire safety required by the code, those clubs "are in a middle ground waiting for a hearing" from the Fire Safety Board, Blessing said. "They followed the law and we wouldn't be citing them."

The 22 clubs that missed deadlines risk citations if they fail to comply or apply for a variance.

Six of those clubs are large venues that missed the July 1, 2005, sprinkler installation deadline, according to the survey.

Silvio's, in Johnston, and Tabu, in Pawtucket, missed both the '05 sprinkler deadline and the '04 alarm deadline, according to Blessing.

Lacabana Nightclub, Lincoln, and Clarke Cook House, Newport, are currently installing sprinklers, he said. Bon Vue, Narragansett, and KC's tap, Pawtucket, also missed the '05 sprinkler deadline, he said.

The State Fire Marshal's Office lacks documentation to prove those clubs were officially notified of the requirements, so those owners will not be summoned to District Court unless they fail to act within the 30-day grace period, Blessing said.

In addition, 16 other clubs failed to install the proper alarms by the July 2004 deadline, according to the survey. Those clubs, too, will have 30 days to act, or risk a summons.

Another key deadline in the fire code is just three months away -- nightclubs that hold 150-300 people must complete their sprinkler systems by July 1. The survey identified 20 clubs of that size that lack sprinklers, and have not yet applied for variances. Those clubs will be reminded ahead of time of the deadline, Blessing said.

marsenau@projo.com/ (401) 277-7231