Friday, July 18, 2008
Bay State House Tackles Nightclub Fires
On Aug. 17, Massachusetts Gov. Mitt Romney signed into law the state's most far-reaching fire safety legislation since the Cocoanut Grove fire in 1942, strengthening the state's laws to prevent tragedies like the 2003 Station nightclub fire in West Warwick, R.I. The bill was signed on the site of the Cocoanut Grove fire in Boston, where 492 people died.
“Last year, another 100 lives were needlessly lost in The Station nightclub fire, including 33 from Massachusetts,” said Romney. “The tragic events of that night sent a clear message that, once again, our fire safety statutes needed to be updated. Today, I am proud to sign the most far-reaching overhaul of the state's fire safety laws in over 60 years.”
The new law, House 4550, creates criminal penalties for dangerous conditions in public assembly buildings, including blocking ingress or egress, shutting off or failing to maintain fire protection systems, storing flammables or explosives, and using fireworks or pyrotechnics without a permit and exceeding occupancy limits. The first infraction will result in a fine of not more than $5,000 and/or imprisonment of up to 30 months. Repeat offenders can be fined up to $25,000 and/or imprisoned for up to five years.
Specific sprinkler mandates include sprinklers in nightclubs with an occupancy of 100 persons or more within three years and a two-strike rule for clubs with occupancies of less than 100 that exceed capacity. If a club is cited for an occupancy violation twice in one year, automatic sprinklers must be installed within 90 days or the business will be shut down.
The bill also eases the financial burden on businesses complying with the new law with an accelerated tax depreciation deduction (from 39 years to 5 years) for the purchase of automatic sprinkler systems required to be installed as a retrofit in existing nightclubs, discotheques, dance halls and bars.
“While sprinklers are the cornerstone of this legislation, it goes much further and creates a safety net for the public,” said State Fire Marshal Stephen D. Coan.
The bill also:
- Establishes criminal penalties for individuals who violate provisions of the state building or fire codes when a violation results in significant injury or death. Violations may result in a fine of up to $25,000 and/or imprisonment of up to five years;
- Restores the Student Awareness of Fire Education program, which helps educate children about fire safety awareness;
- Establishes a $10 million grant program to help fire departments with equipment and staffing needs, based on population size;
- Establishes fire safety training programs for nightclub owners and managers; and
- Establishes a certification program for fire inspectors.
International Association of Fire Chiefs President Bob DiPoli, chief of the Needham (Mass.) Fire Department, called the bill's signing “a red-letter day for the fire service of Massachusetts. We hope that other states follow Massachusetts' lead, and as the president of the Massachusetts Fire Chiefs Association put it so well this morning on the stage, we hope this puts an end to us ever having to go to another fire like that again — certainly not on our watch, not in our lifetimes.”
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