AGENDA #9
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Revised Proposal for Legislation that would Authorize the Council to Require Installation of Fire Sprinkler Systems in Certain Public Assembly Areas
DATE: April 14, 2003
The purpose of this report is to present a revised proposal for legislation that would authorize the Town to require installation of fire sprinkler systems in certain public assembly occupancies that serve alcohol.
We recommend that the Council adopt the attached resolution requesting legislation that would authorize the Council to enact an ordinance to:
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 similar establishments 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.
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 5).
We have considered the comments of the Council and citizens who spoke at the public hearing and have developed a revised recommendation. The focus of the revised recommendation is on those occupancies that we believe pose the greatest risk of fire combined with egress difficulties, higher occupancies, and occupants who may be impaired from alcohol consumption.
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 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 revised proposal is intended to more directly address those occupancies and circumstances that we believe could contribute to a potential multiple loss-of-life fire.
Ÿ The revised proposal would 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 It also would require similar establishments 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 Those occupancies that are classified as restaurants under the North Carolina Alcohol Beverage Control licensing commission would be exempt from this requirement. In order to be classified as a restaurant an establishment must have 40% of its gross sales in non-alcohol and food sales, must have a kitchen for preparing on-site food consumption and must have seating for dining purposes for at least 36 patrons. The proposed fire sprinkler requirements would apply only to those establishments classified as private clubs or retail on-premises consumption establishments with mixed drink or malt beverage licenses.
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. If legislation is enacted, we anticipate proposing ordinances that 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 our most recent survey of occupancies defined as above, there are four such occupancies without fire sprinklers in Chapel Hill 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 would be allowed by the proposed legislation would include:
Ø A high level of fire and life safety in the regulated establishments.
Ø Protection of neighboring business 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.
Ø Increased life safety in establishments that may have increased risk of crowding or egress problems or impaired patrons.
The life saving record of fire sprinkler systems is without peer. 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.
OTHER ISSUES RAISED AT PUBLIC HEARING
An option suggested at the public hearing was to increase the frequency of inspections and code enforcement. Increased staffing would be needed if additional inspections were to be performed on a regular basis. However, we believe inspections are most effective only when the inspector is actually present in the occupancy, because changed conditions can occur at any time after an inspector leaves.
Suggestions made by speakers in the March 24 public hearing to ban open flames in occupancies or flammable decorations are already covered and prohibited under the North Carolina Fire Code which Chapel Hill fire inspectors enforce.
Increasing the number of required exits for certain occupancies, banning smoking inside clubs and bars and/or reducing the authorized occupancy numbers for these businesses are all items that would increase the safety in these establishments. However, none of these steps would provide the level of continuous or dependable life safety protection that fire sprinklers would provide.
Please see Attachment 5 for further discussion of issues raised at the public hearing.
NEXT STEPS
If the Council chooses to adopt the proposed resolution, the resolution and related materials would be forwarded to the Legislative delegation for their consideration. If a bill is introduced, the North Carolina Legislature would consider the proposed legislation. If legislation ultimately is enacted, then the Council could take action within the range of the authorization extended by the Legislature, and could choose to hold discussions and hearings to determine the specific regulatory wording prior to making a final decision on an ordinance. The Council also could choose not to enact regulations, even if authorized by the Legislature.
RECOMMENDATION
We recommend adoption of the attached resolution requesting legislation authorizing the Council to enact requirements for fire sprinkler systems as proposed.
ATTACHMENTS
1. Copy of proposed authorization bill authored by the Town Attorney (p. 9).
4. A copy of the North Carolina ABC classification definitions (p. 14).
5. Public Comments at Hearing and Staff Responses (p. 16).
6. Letters from citizens on Sprinkler Issues (p. 18).
A RESOLUTION REQUESTING LEGISLATION THAT WOULD AUTHORIZE THE COUNCIL TO REQUIRE INSTALLATION OF FIRE SPRINKLER SYSTEMS IN CERTAIN PUBLIC ASSEMBLY AREAS (2003-04-14/R-11a)
WHEREAS, the Council of the Town of Chapel Hill held a public hearing on March 24, 2003, at 7:00 p.m. in the Council Chamber of Town Hall on a proposed item for inclusion in the Town’s legislative program for the 2003 Long Session of the North Carolina General Assembly; and
WHEREAS, the Council desires to take steps to prevent a loss of life by fire in a club, bar or other similar types of public assembly such as occurred February 20, 2003 in Rhode Island;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adds the following to its Legislative Program for consideration by the General Assembly in the upcoming Long Session:
*A bill authorizing the Town of Chapel Hill to require by ordinance fire sprinklers in certain public assembly occupancies, including requirements that sprinklers be installed in existing facilities within a reasonable period of time following the effective date of such ordinance.
This the 14th day of April, 2003.
A RESOLUTION REQUESTING LEGISLATION TO AUTHORIZE THE TOWN TO REQUIRE SPRINKLER SYSTEMS IN CERTAIN PLACES OF PUBLIC ASSEMBLY THAT SERVE ALCOHOLIC BEVERAGES (2003-04-14/R-11b)
WHEREAS, the Council of the Town of Chapel Hill held a public hearing on March 24, 2003, at 7:00 p.m. in the Council Chambers of Town Hall on a proposed item for inclusion in the Town’s legislative program for the 2003 Long Session of the North Carolina General Assembly to require sprinklers in certain places of public assembly; and
WHEREAS, on the basis of public comment and Council input, a revised proposal was developed and considered at a subsequent public hearing on April 14, 2003; and
WHEREAS, the Council has considered the information from Town Staff and Public input received on March 24 and April 14 and desires to take steps to prevent a loss of life by fire in a club, bar or other similar types of public assembly such as occurred February 20, 2003 in Rhode Island by requiring installation of sprinklers in situations where there is a reasonable basis for such a requirement based on concerns regarding public safety;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adds the following request to its Legislative Program for consideration by the General Assembly in the 2003 Long Session:
This the 14th day of April, 2003.