In what appears to be one of the first cases of its kind, a Brockton Superior Court judge will consider Tuesday whether to shut down a popular roller-skating rink in Whitman because it lacks an automatic sprinkler system.
Whitman Fire Chief Timothy Travers said that state law requires the Carousel Family Fun Center on Auburn Street to have automatic sprinklers. The law - enacted in 2004 in the wake of the Station nightclub fire in West Warwick, R.I., that killed 100 people - included a sprinkler requirement for certain large venues.
Businesses had three years to comply. The deadline was Nov. 15.
Several disagreements between the rink owner and the fire chief led to the town's recent request for a Superior Court injunction to revoke the rink's occupancy permit.
Carousel owners Robert and Charlene Conway argue the law doesn't apply to their operation. They also say a sprinkler system, if it went off, would seriously damage their $200,000 wood skating arena, according to appeal documents filed with the state.
The couple characterized the rink as "an educational function facility where lessons are taught on roller-skating technique."
The Conways believe the operation, as such, does not come under the automatic sprinkler law. In any case, they say, they can't afford the cost of the system.
Under the 2004 law, sprinkler systems are required in establishments that are used as nightclubs, discos, dance halls, bars, or for similar entertainment purposes, if they seat more than 100.
Churches, schools, municipal buildings, and restaurants are exempt, unless, in the case of restaurants, they include bars that stay open beyond food service hours.
Travers said the roller-skating rink falls under the law because it features dancing, loud music, DJs, and colored lights. Carousel also has an occupancy capacity of more than 400, he said.
The rink is a 20,000-square-foot metal building with no windows, one main entry, and three other emergency exits. It also features a snack bar with deep-frying equipment and some seating. No alcohol is served.
The rink opened in 1982. Since then, there have been some medical emergencies that required attention from local EMTs, and a canopy once collapsed from the weight of snow a few years ago. But there have been no fires.
Travers began discussion with the rink's owners in March 2005, sending a certified letter that stated sprinklers would be required. Carousel owners quickly appealed the chief's ruling with the state's Automatic Sprinkler Appeals Board, but that appeal was not settled until August 2006. The board upheld Travers's opinion. The Conways had 30 days to appeal in Superior Court, but chose not to. They had 90 days to submit a design plan for a system. That has yet to arrive, Travers said.
The Conways attempted to get an extension of the Nov. 15 installation deadline from the town, but Travers said the couple did not have a signed contract with a sprinkler-system installer, an extension requirement. The request was denied.
In the pending court complaint, Travers alleges the Conways' failure to provide adequate plans or to install the system is "a knowing and intentional violation . . . that threatens the safety and well-being of [rink] users."
Travers said the rink has no automatic smoke detectors or alarm system to warn patrons of a fire.
"The cost of the automatic sprinkler system is outweighed by the threat to public safety," he said.
The Conways did not return a telephone call for comment.
Jennifer Mieth, spokeswoman for the state Department of Fire Services, said she is not aware of any other fire chiefs in the state who had to go to court to enforce the sprinkler requirement, although she said state authorities might not be aware of such cases, since the law is being enforced locally.
"We have a sense from talking to fire chiefs that most businesses have complied with the order," Mieth said.
Several businesses across the state have appealed their status, Mieth said. From January 2005 until now, 367 appeals have been filed.
Nearly 200 of those were withdrawn because business owners arrived at an agreement with local authorities. Another 77 were rejected by the state Automatic Sprinkler Appeals Board based on procedural errors, Mieth said.
Of those that resulted in formal decisions, the chiefs' rulings were reversed in 16 instances and upheld in 17; eight others were modified. There are 45 appeals still pending, Mieth said.
The only other business in Whitman that fell under the law for automatic sprinklers was a bar called the Office on South Avenue. "They had an occupancy capacity of 150, and they filed an application with the building commissioner dropping it to 78," Travers said.
The fire chief would have preferred installation of sprinklers. He said the lowering of occupancy "shouldn't be an option; it's just a way to circumvent the law."
Travers plans to make certain the Office is keeping its occupancy within the new limit, conducting spot checks on nights that generally draw crowds, such as Super Bowl Sunday.
The hearing on the Carousel Family Fun Center is to begin at 2 p.m. Tuesday in Brockton Superior Court.
Christine Wallgren can be reached at Wallgren@aol.com
