This Friday, the first anniversary of The Station nightclub fire, Rhode Island’s
legislative response to the tragedy will take effect, making a big step toward
tightening the state’s fire codes by repealing the “grandfather” exemptions
that allowed older buildings to conform to the codes of the 1960s.
Passed unanimously by both Houses of the General Assembly in the closing hours of last year’s session, The Comprehensive Fire Safety Act of 2003 was signed into law by Gov. Don Carcieri in early July and touted as the law that will make Rhode Island the safest in the nation when it comes to fire safety codes.
The new law will require nightclubs with maximum occupancies from 150 to 300 to install sprinklers by July 1, 2006. Larger restaurants and other places of assembly must meet the deadline a year earlier.
Illegal pyrotechnics that were part of the performing band’s stage show at The Station ignited a blaze that killed 100 and injured more than 200 others. Investigators have pointed to foam insulation packed on the walls of the nightclub as feeding the fire and said that better-marked exits may have prevented a deadly pileup near the main entrance.
Even a year after the tragedy, the cost of the new measures to other businesses is still largely unknown. Rep. Peter T. Ginaitt, a Warwick Democrat and firefighter rescue captain who responded to the scene, co-chaired the special legislative commission to study aspects of law and regulations concerning pyrotechnic displays and fire safety. While Ginaitt said he certainly would have liked to have gotten the report back even sooner to begin getting the expected feedback from businesses and sprinkler companies, he added that the state fire marshal has already started talking with municipalities about enforcing the guidelines.
“It’s important that this happen in as business-friendly a way as possible,” said Ginaitt, who estimated about 200 businesses would have to upgrade their structures. “But other than a couple of businesses I’ve spoken with, most are willing to spend on the side of caution,” he said.
Ginaitt said he’s still concerned with the aggressive timetable requested by Carcieri for implementing the plan – originally proposed that over the course of five years, the deadline for full compliance is just two years away. The state is working with the federal Small Business Administration to develop a plan to help businesses fund the new fire code requirements and has granted a sales tax exemption for sprinklers, fire alarms and hard-wired smoke detectors to be installed in existing buildings.
His other concern is over the sheer number of sprinkler systems that will need to be installed. The simple facts are that the state doesn’t have even a dozen sprinkler installers, the demand for the physical hardware will rise significantly and new construction is going up all the time.
While several small businesses have expressed concerns over the cost of installing sprinkler systems that typically begin at $30,000 to $50,000, many were spared the financial burden because their capacity levels are less than 100. The state has not released any statewide estimates on the cost of building improvements, but Ginaitt said the sales-tax exemption alone would likely end up costing the state millions.
The business community could become more vocal after Friday, when state Fire Marshall Irving Owens is due to issue a legislatively mandated plan putting forward goals and implementation measures for improving fire safety in Rhode Island, alongside recommendations for public fire safety education. As part of that report, Owens will also publicly release the names of any establishments with repeat or uncorrected fire code violations.
The law also adopts the National Fire Protection Association’s building standards for new and existing structures. Ginaitt said the Quincy, Mass.-based association of fire experts’ Life Safety Code document covers construction, protection and occupancy features designed to minimize danger from fires, smoke, fumes or panic before buildings are vacated. This summer, the fire marshal and the state building commissioner are due to advise the joint committee on the rehabilitation building code for existing buildings and structures, or any conflicts between fire safety codes and building codes.
The other big key of the legislation will give fire marshals “entry” rights and allow them to write tickets for routine code violations, much like traffic tickets. Ginaitt said fire marshals would be allowed to shut down operations immediately until a violation is corrected, instead of remaining open while winding its way through appeals boards.
Ginaitt said the “public awareness” after The Station has helped people to realize just how important it is to adhere to occupancy numbers, stop locking rear doors and announce where a building’s exits are located.
Ginaitt said he’s surprised at how few other states are following Rhode Island’s lead and suggested that most are loath to make the difficult decision that could cost millions to business owners.
“It really seems like in other states, there’s this unwillingness to say this could happen to us,” he said.
