globe graphic Bars affected by The Fire Safety Act of 2004
|
Dozens of bars and nightclubs across the state could be shut down by local fire officials next week because they have failed to install fire sprinklers under a 2004 state law passed after The Station nightclub fire in Rhode Island, which killed 100 people in a fiery stampede.
The deadline is Thursday for installing fire sprinklers in establishments with a capacity of 100 people or more, and local fire officials said they plan to begin revoking bars' licenses at 9 a.m.
In Boston, 173 bars and nightclubs, or 60 percent of those required to install sprinklers, have not done so, according to city fire officials who have inspected all of the establishments in recent months.
Of those, 67 could be shut down, including popular nightspots such as Daisy Buchanan's in the Back Bay and C.F. Donovan's in Dorchester. Fire officials granted the others an extension of 30 to 60 days because they submitted signed sprinkler contracts showing that installation is scheduled.
The problems are less widespread in smaller cities, because there are fewer establishments, but officials in those communities said they were just as determined to take action.
In New Bedford, a half-dozen bars are slated for enforcement action, as are three establishments in Springfield, including the Hippodrome, a concert venue that has hosted acts such as 50 Cent and Nickelback. In Fall River, fire officials are suing one bar owner to force compliance and are preparing to sue another.
The sprinkler law was passed in Massachusetts amid a public outcry after pyrotechnics during a performance by the band Great White ignited the fire in The Station in West Warwick, R.I., in February 2003. Fire safety specialists at the time said that fire sprinklers could have stopped the blaze from spreading so quickly and allowed more people to escape.
A panel convened by Governor Mitt Romney drafted the Fire Safety Act of 2004, which required that fire sprinkler systems be installed within three years in all nightclubs, dance halls, discotheques, bars, or other venues "for entertainment purposes" with a capacity of at least 100 people. The lawmakers exempted restaurants while targeting establishments where patrons are often packed onto dance floors or around bars with dim lighting and where there is likely to be late-night partying that could impair people's response to an emergency.
State Fire Marshal Stephen D. Coan, who was on the panel, said yesterday that he is disappointed by the complacency of Massachusetts bar owners.
"They are scofflaws," he said. "It is just inexcusable to me."
Reasons for not doing so abound, from financial hardship to logistics. At least two establishments near Fenway Park told Boston fire officials that Red Sox games have prevented installation before the deadline. Many bars that serve food have argued that they are restaurants and thus not covered by the law.
"They've got a jar of pickled eggs on the counter, but that's not good enough," said Fall River Deputy Fire Chief William Silvia.
Messages left at several establishments without sprinklers were not returned yesterday, including the Hippodrome in Springfield and Daisy Buchanan's, a Newbury Street hotspot in Boston. A bar manager at Daisy Buchanan's told the Globe in December that the bar's failure to put in fire sprinklers had been an oversight, but that they would be installed shortly.
Arthur Donovan, owner of C.F. Donovan's on Savin Hill Avenue in Boston, said he is working on a sprinkler contract and architectural plans and is hoping fire officials will give him an extension.
"We will have everything filed by Thursday," he said.
Fire officials in several cities and towns say they have received many hollow assurances that sprinklers would be installed. All but one of the 67 Boston bars facing shutdown have previously submitted to fire officials letters of intent that they didn't follow through on or contracts with sprinkler companies that they canceled.
"There's a lot of bars out there that thought this was going to go away politically," said Boston District Fire Chief Dennis Keeley, who is in charge of the city's enforcement efforts.
"It's a lot of lip service: 'We're going to get right on it,' 'I assure you we're going to take care of it,' " New Bedford Fire Captain Scott Kruger said. "I don't know what they're hoping for in the next week."
The law charged local fire departments with determining which establishments would have to install sprinklers and with revoking permits if they don't.
In Boston, fire officials determined that about half of the 1,619 places of assembly fell under the law and that about 550 of those already had sprinkler systems. Of the 284 remaining establishments, 111 have installed sprinklers or persuaded officials to exempt them from the law.
At least six bars in the city were allowed to decrease their capacities below the 100-person threshold. A few others, including Tequila's Mexican Bar & Grill in East Boston and James's Gate Restaurant & Pub in Jamaica Plain, were allowed to split their spaces, so that the legal capacity of each half is below 100, exempting them from the sprinkler requirement.
Bar owners had the option to appeal local officials' decisions to the state, and 365 establishments in 136 cities and towns did so, according to the state fire marshal, who sits on the Sprinkler Appeals Board. Of those, 185 have withdrawn their appeals, 75 were rejected, and 56 are pending. Sixteen were decided in favor of the establishments.
"The law was written specifically to authorize and empower the local head of the fire department to make the decisions," Coan said.
Keeley hopes that he will not have to revoke any permits Thursday. He predicted that many of the remaining 67 establishments will sign sprinkler contracts and file them with the department in the next four days.
"Many of them are scrambling as we speak," he said in an interview Thursday.
Sprinkler installation can cost $15,000 to $75,000, depending on the size of the establishment and how complicated the job is, according to Lawrence DeVoe of Blue Star Fire Protection, who has been installing sprinklers in the state for 38 years. He says he and other contractors are not as busy as one would think, approaching the deadline. His company is working in four bars in the city.
"Some of the people I don't think are taking it as seriously as they should," DeVoe said.
In some cities, bar owners have chosen to shut down rather than install sprinklers because of the cost. In Worcester, fire officials say seven bars have closed, some changing into restaurants and at least one going out of business because of the cost of installing sprinklers.
Fire officials in Boston hold up the example of the Erie Pub in Dorchester, where legal occupancy was 101 people. Fire officials told the owner that he could probably lower his capacity and get around the law. "He said, 'Nope, I'm going to sprinkle,' " Keeley said. " 'I don't want anyone to die.' "
Donovan Slack can be reached at dslack@globe.com.
© Copyright 2007 Globe Newspaper Company.
