AGENDA #13
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposal for Ordinance to Require Installation of Fire Sprinkler Systems in Certain Public Assembly Areas
DATE: September 22, 2003
Enactment of the attached ordinance would require installation of fire sprinkler systems in certain public assembly occupancies that serve alcohol.
Specifically, the ordinance would:
Ÿ require new or existing clubs and bars that primarily serve alcohol and have occupancy permits that allow more than 200 people to assemble to install and maintain automatic fire sprinkler systems.
Ÿ require existing clubs and bars that have one or more of the required egress points one full story above or below grade and a rated occupancy of 150 to install fire sprinkler systems.
Ÿ require new clubs and bars that have one or more of the required egress points one full story above or below grade and a rated occupancy of 100 to install fire sprinkler systems.
We recommend that the Council enact the attached ordinance.
BACKGROUND
The Council conducted a public hearing on March 24, 2003, to receive comments from citizens about potential legislation that would authorize the Town of Chapel Hill to require sprinklers in bars, clubs, restaurants and similar occupancies with capacities greater than 50 persons (please see Attachment 1). Revisions were made to the suggested scope of the potential ordinances. On April 14, 2003, the Council adopted a resolution requesting legislation to authorize enactment of local ordinances requiring fire sprinklers in a revised set of criteria for occupancies that sell alcohol and exempting certain other occupancies.
On June 25, 2003, the North Carolina Legislature ratified House Bill 773 as Session Law 2003-247 (Attachment 2) allowing the Town of Chapel Hill to require sprinklers in bars, clubs and other similar places of public assembly. Under the provisions of the new legislation, restaurants as defined by State Law are exempt from these requirements.
HISTORY OF RISK EXPOSURE
A fast moving fire in a West Warwick, Rhode Island nightclub on February 20, 2003, resulted in the deaths of 93 persons. The fire occurred during a live music performance and, although the club is reported to have sufficient exits and an alarm system, crowd panic reduced the opportunities for escape. There was no fire sprinkler system in the club. Fire officials in Rhode Island report that a sprinkler system active in the club most likely would have resulted in no deaths.
The National Fire Protection Association maintains statistics on fire trends and incidents nationwide. Between the years of 1980 and 1998 the NFPA reports an annual average of 14,800 fires in eating and drinking establishments. Quoting from the NFPA report, The U.S. Fire Problem Overview, Selections on Eating and Drinking Establishments, Published in 2001, “Although fatal fires in these properties are relatively rare, the potential life hazard is high. The second deadliest fire in U.S. history, the 1942 Coconut Grove nightclub fire in Boston killed 492 people. The 1977 Beverly Hills Supper Club fire in Kentucky killed 165 people. Because of the devastating potential of a single fire in a crowded establishment, careful adherence to fire prevention and fire protection practices is essential”.
Other U.S. club fires that resulted in large loss of life included the 1973 fire at the Upstairs Lounge in New Orleans with 32 dead, the 1976 fire at Club Puerto Rico in New York with 25 killed and the 1990 fire in the Happy Land Social Club in New York with 87 killed.
Over the past five years the Fire Department has responded to six fires in bars, clubs and restaurants. Two of those were kitchen fires; one occurred during renovation of a facility; two were intentionally set fires; and, one was caused by an electrical malfunction. During this period, Fire Department staff investigated a complaint at a bar that a fire alarm system activated, but management was not aware of the activation and there were no attempts to evacuate patrons from the building.
REVISED PROPOSAL
The proposal as revised to conform to the new legislation will address those occupancies and circumstances that we believe could contribute to a potential multiple loss-of-life fire.
We believe that clubs and bars that have as a primary business the on-site sale and consumption of alcoholic beverages pose the greatest risk of a multiple loss-of-life, because they pose the greatest potential for crowding and impaired reaction to an emergency by the assembled patrons. Under the authority of the enabling legislation, the ordinance would require the following:
Ø Any new occupancy to be established with a rated occupancy load exceeding 200 persons and serving alcohol under a North Carolina ABC classification of private club or retail on-site consumption of mixed drink or malt beverage must have an approved NFPA 13 fire sprinkler system installed prior to issuance of Certificate of Occupancy.
Ø Any existing occupancy with a rated occupancy load exceeding 200 persons and serving alcohol under a North Carolina ABC classification of private club or retail on-site consumption of mixed drink or malt beverage must be retrofitted with an approved NFPA 13 fire sprinkler system within 5 years of the enactment of the requiring ordinance. At the end of the 5-year period any occupancy as described without an approved sprinkler system will lose their Certificate of Occupancy.
Ø Any new occupancy to be established with a rated occupancy load exceeding 100 persons and serving alcohol under a North Carolina ABC classification of private club or retail on-site consumption of mixed drink or malt beverage and that has any of its required egress points one story or more above or below grade must have an approved NFPA 13 fire sprinkler system installed prior to issuance of certificate of occupancy.
Ø Any existing occupancy with a rated occupancy load exceeding 150 persons and serving alcohol under a North Carolina ABC classification of private club or retail on-site consumption of mixed drink or malt beverage and that has any of its required egress points one story or more above or below grade must be retrofitted with an approved NFPA 13 fire sprinkler system within 5 years of the enactment of the requiring ordinance. At the end of the 5-year period any occupancy as described without an approved sprinkler system will lose their Certificate of Occupancy.
The proposed level of fire protection would significantly reduce the threat of a multiple loss-of-life fire in the regulated establishments.
Based on a survey completed on April 21, 2003, of occupancies defined as above, there are three such occupancies in Chapel Hill without fire sprinklers that have rated capacities above 200 persons. There are three such occupancies without fire sprinklers that have rated capacities above 150 persons with at least one egress point one story or more above or below grade level.
Below are listed the businesses that we believe would be affected by the proposal to require sprinkler system retrofit in bars/private clubs with an occupancy limit of 200 or more people.
We believe the following businesses would be affected by the proposal to require sprinkler system retrofit in bars/private clubs that have an occupancy limit of 150 or more people and that have any of their required egress points one story or more above or below grade.
The potential benefits of enacting an ordinance such as the one that is authorized by legislation would include:
Ø Increased life safety in establishments that may have increased risk of crowding or egress problems or impaired patrons.
Ø Protection of neighboring businesses from exposure to a large or fast moving fire.
Ø Increased safety for firefighters, who would not have to perform rescues or make dangerous firefighting entries to control a threatening fire.
The life saving record of fire sprinkler systems is clear. There has never been a multiple loss-of-life fire in a fully and properly operating sprinklered building in the United States. We have first hand experience with the effectiveness of these systems in Chapel Hill. Since the Council enacted a retroactive fire sprinkler requirement in fraternity and sorority housing in 1996 we have had several small fires that were easily controlled by the operating sprinkler systems and no major fires.
Potential costs resulting from such an ordinance would include:
Ø Costs incurred by existing Chapel Hill businesses to install the systems. Current industry estimates for fire sprinkler installations are $1.50 to $3.00 per square foot for new construction and $2.50 to $4.00 a square foot for retrofit. There would be additional costs for building modification, water line extensions, and related construction. There are no longer any tap-on fees or standby fees for fire protection water supply charged by OWASA.
Ø Costs incurred by disruption of businesses while sprinkler systems are being installed.
Ø Some property owners could decide to change the occupancy of their property in order to avoid installation of sprinkler systems, forcing some business changes.
RECOMMENDATION
We recommend the Council enact the attached ordinance that would require fire sprinklers in certain bars and clubs.
Attachments
1. March 24, 2003 Agenda item (p. 7).
2. House Bill 773, 2003 Session, NC General Assembly (p. 11).
3. List of Chapel Hill businesses that serve alcohol (p. 12).
4. Letters from Citizens (p. 16).
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL TO REQUIRE THE INSTALLATION OF SPRINKLERS IN NEW AND EXISTING ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES IN ACCORDANCE WITH CERTAIN SIZE, STRUCTURE AND TIME LIMIT STANDARDS (2003-09-22/O-5)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Chapter 7, Article II of the Chapel Hill Code of Ordinances is hereby amended by adding a new Division 7 to read as follows:
“DIVISION 7. SPRINKLER REQUIREMENTS-PLACES SERVING ALCOHOLIC BEVERAGES
Sec. 7-60. Sprinkler Requirements for new establishments with an occupancy load exceeding 200 persons serving alcoholic beverages.
Any new occupancy to be established with a rated occupancy load exceeding 200 persons and serving alcohol under a North Carolina ABC classification of private club or retail on-site consumption of mixed drink or malt beverage must have an approved NFPA 13 fire sprinkler system installed prior to issuance of a Certificate of Occupancy.
Sec. 7-61. Sprinkler Requirements for existing establishments with an occupancy load exceeding 200 persons serving alcoholic beverages.
Any existing occupancy with a rated occupancy load exceeding 200 persons and serving alcohol under a North Carolina ABC classification of private club or retail on-site consumption of mixed drink or malt beverage must be retrofitted with an approved NFPA 13 fire sprinkler system within 5 years of the enactment of this Division. At the end of the 5-year period any occupancy as described in this section without an approved sprinkler system the occupancy shall have its Certificate of Occupancy revoked by the Town.
Sec. 7-62. Sprinkler Requirements for new establishments with an occupancy load exceeding 100 persons serving alcoholic beverages.
Any new occupancy to be established with a rated occupancy load exceeding 100 persons and serving alcohol under a North Carolina ABC classification of private club or retail on-site consumption of mixed drink or malt beverage and that has any of its required egress points one story or more above or below grade must have an approved NFPA 13 fire sprinkler system installed prior to issuance of a Certificate of Occupancy.
Sec. 7-63. Sprinkler Requirements for existing establishments with an occupancy load exceeding 150 persons serving alcoholic beverages.
Any existing occupancy with a rated occupancy load exceeding 150 persons and serving alcohol under a North Carolina ABC classification of private club or retail on-site consumption of mixed drink or malt beverage and that has any of its required egress points one story or more above or below grade must be retrofitted with an approved NFPA 13 fire sprinkler system within 5 years of the enactment of this Division. At the end of the 5-year period any occupancy as described in this section without an approved sprinkler system shall have its Certificate of Occupancy revoked by the Town.
Sec. 7-64. Restaurants exempted.
None of the provisions of this Division shall apply to restaurants as defined in North Carolina General Statute Sec. 18B-1000 (6).
Sec. 7-65. Automatic sprinkler system not to be disabled.
Upon the occupancy of any new structure subject to this Division or upon the completion of the installation of an automatic fire sprinkler system in an existing structure subject to this Division, no person shall shut off or disable such automatic fire sprinkler system and no owner or resident of such structure shall fail to prevent the shutting off or disabling of such a system. Provided, however, that a sprinkler system may be shut off in order to perform maintenance work on the system during the time that qualified maintenance personnel are on the premises performing necessary maintenance work. Such maintenance work shall only be conducted after notice to and approval by the Town Fire Department.
(Ord. No. 96-11-11/O-5a, § 1, 11-11-96)
Sec. 7-66. Penalties.
(a) Criminal penalties. Violation of any provision of this division shall be a misdemeanor and shall be subject to a fine of $500.00 or imprisonment for not more than 30 days.
(b) Civil enforcement. This division may be enforced by civil penalty or appropriate equitable remedy as may be authorized by applicable N.C. General Statutes, including but not limited to G.S. Sec. 160A-175, G.S. Sec. 160A-432 and G.S. Sec. 143-139.”
(Ord. No. 96-11-11/O-5a, § 1, 11-11-96)
Section 2. This Ordinance shall be effective upon enactment and shall apply to all buildings for which building permits are issued by the Town after the date of enactment.
This the 22nd day of September, 2003.