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Nightclub Inspections

Nightclub Inspections. Coordinated Inspections. Welcome. Please take a moment to review: Find the exits and the nearest one If your cell phones have been silenced Information: Restrooms Break. Introduction. Participants Department of Public Safety

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Nightclub Inspections

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  1. Nightclub Inspections Coordinated Inspections Department of Fire Services Division of Fire Safety

  2. Welcome • Please take a moment to review: • Find the exits and the nearest one • If your cell phones have been silenced Information: • Restrooms • Break Department of Fire Services Division of Fire Safety

  3. Introduction • Participants • Department of Public Safety • Department of Fire Services-Division of Fire Safety Department of Fire Services Division of Fire Safety

  4. Welcome • Issue Overview • Why are we required to inspect? • What types of facilities are we required to inspect? • What do we inspect for? • Who should participate in the inspection? Department of Fire Services Division of Fire Safety

  5. History • 4th Deadliest Nightclub fire in the United States. • Coconut Grove, 492 dead, 1942 • Rhythm Nightclub, 209 dead, 1940 • Beverly Hills Supper Club, 165 dead , 1977 • Station Nightclub, 100 dead, 2003 Department of Fire Services Division of Fire Safety

  6. History • Station Nightclub Fire • February 20, 2003 • West Warwick, RI • 100 Dead • 200 Injured Department of Fire Services Division of Fire Safety

  7. Department of Fire Services Division of Fire Safety

  8. Department of Fire Services Division of Fire Safety

  9. History • Issues common to these fires. • Lack of adequate egress. • Blocked or obstructed egress. • Flammable decorations. • Overcrowding. Department of Fire Services Division of Fire Safety

  10. The Massachusetts Response to the Station Nightclub Fire • Task Force’s Major Recommendations • Sprinkler systems • Egress • Pyrotechnics • Interior Finishes • Training & Education • New/Enhanced Fines & Criminal Penalties • New Ticketing/Code Enforcement Procedures • Funding & Resources Department of Fire Services Division of Fire Safety

  11. Chapter 304 of the Acts of 2004An Act to Improve Fire Safety In the Commonwealth • Added retroactive sprinkler requirements for bars, nightclubs and discos with occupancies over 99. • Created the specific crime of creating a dangerous condition in a public assembly occupancy. • Blocked egress • Shutoff or non-maintained fire protection system. • Storing flammables or explosives. • Unpermitted use of fireworks. • Exceeding occupancy limits. Department of Fire Services Division of Fire Safety

  12. Chapter 304 of the Acts of 2004continued • Created the specific crime of violating the State Fire or Building Codes which results in serious injury or death. • Creates enhanced penalties for persons who habitually violate the State Fire or Building Codes. • Creates Chapter 148A, Non-criminal ticketing for violations of the State Fire or Building Codes Department of Fire Services Division of Fire Safety

  13. Chapter 304 of the Acts of 2004continued • Amended Massachusetts General Law Chapter 10. • Section 74. The commission shall require all applicants for alcoholic beverages licenses to submit a valid certificate of inspection, as provided in the state building code, issued by a local inspector, as defined in chapter 143, and signed by the head of the fire department, as defined in chapter 148, for the city, town or district in which the applicant intends to sell alcoholic beverages to be consumed on the premises. The certificate of inspection shall attest to the safety of the building or structure in which the applicant intends to sell alcoholic beverages to be consumed on the premises and that the building or structure meets or exceeds the requirements of the state building code. Department of Fire Services Division of Fire Safety

  14. MGL Chapter 10 § 74 continued • The commission shall require that every license holder submit, annually, a valid certificate of inspection, as provided in the state building code, issued by a local inspector and signed by the head of the fire department for the city, town or district in which the premises is located and from which alcoholic beverages intended to be consumed on the premises are to be sold. The issuance of such certificate shall be a precondition for the issuance or renewal of such a license and the commission may summarily revoke any license upon notice of noncompliance or expiration of such certificate, by operation of law and without a hearing. The commission may presume that such premises conform with the inspectional safety requirements for the premises as provided for in the state building code based upon such certificate, however such presumption may be rebutted. Department of Fire Services Division of Fire Safety

  15. MGL Chapter 10 § 74 continued • The commission may authorize the issuance of a temporary license to any applicant or license holder who has been issued a temporary certificate of inspection by a local inspector and signed by the head of the fire department, as provided in the state building code, if the applicant or license holder has complied with the terms therein and the temporary certificate of inspection has not expired. Such temporary license may be revoked by the commission, without a hearing, if the licensee has failed to comply with the terms of such temporary certificate. Department of Fire Services Division of Fire Safety

  16. MGL Chapter 10 § 74 continued • Failure by the inspector to issue an annual certificate of inspection signed by the head of the fire department, may be appealed in accordance with the inspectional safety requirement procedures for appeal as provided for in the state building code. Department of Fire Services Division of Fire Safety

  17. What businesses require an inspection? • Applicants for new licenses where alcoholic beverages are sold and intended to be consumed on the premises. (includes temporary or 1 day licenses) • Facilities where alcoholic beverages are sold and intended to be consumed on the premises. • Bars • Nightclubs • Discos • Restaurants • Social Clubs (VFWs, Legions, Golf Clubs, etc. Department of Fire Services Division of Fire Safety

  18. What do we inspect for? • Start with the issues common to most public assembly fatalities. • EGRESS • Adequate number of exits. (Determined by the Building Official) • Unobstructed (to a public way). • OVERCROWDING • FLAMMABLE DECORATIONS. Department of Fire Services Division of Fire Safety

  19. What do we inspect for? • Fire Protection Systems Operation & Maintenance. • Entertainment shut down • Crowd Manager Training and Recordkeeping • Certificate of Inspection (issued by the building official) • Housekeeping Department of Fire Services Division of Fire Safety

  20. Means of Egress • Egress doors may not be locked, bolted fastened or otherwise obstructed so that the door may not be opened from the inside by use of an ordinary latch or by pressure on the door or panic hardware except as may be permitted by 780 CMR. (527 CMR 10.17(4)(b). Department of Fire Services Division of Fire Safety

  21. Department of Fire Services Division of Fire Safety

  22. Department of Fire Services Division of Fire Safety

  23. Means of Egresscontinued • Aisles • Tables and chairs shall be arranged to provide ready access to each egress door. Aisles leading directly to an egress door shall not be less than 44” in width. (Aisles serving an occupancy load of 50 or less may be 36” in width.) • Aisles shall not be obstructed by tables, chairs, or other objects. (527 CMR 10.17(4)(c) Department of Fire Services Division of Fire Safety

  24. Means of Egresscontinued • Signs and Lighting • The signs and lighting of the means of egress required for places of assembly shall be maintained in proper operating condition and installed in accordance with 780 CMR. (527 CMR 10.17(4)(e) • Obstructions • Any obstacle which may interfere with the means of egress from any building or other premises or with access to the building or premises by the fire department in case of fire shall be removed. (527 CMR 10.03(1) Department of Fire Services Division of Fire Safety

  25. Fire Doors • Required fire resistant rated doors or smoke barrier doors shall be maintained in good working order, including all hardware. • The use of door stops, wedges or other unapproved hold open devices is prohibited.( 527 CMR 10.03(9) Department of Fire Services Division of Fire Safety

  26. Overcrowding • A Place of Assembly shall not be used without a certificate of inspection issued by the building official. (527 CMR 10.17(1)(b) • Each place of assembly shall have posted near the main exit a sign indicating the maximum occupancy (as determined under 780 CMR) 527 CMR 10.17 (1)(c) Department of Fire Services Division of Fire Safety

  27. Department of Fire Services Division of Fire Safety

  28. Department of Fire Services Division of Fire Safety

  29. Overcrowding continued • No person shall permit overcrowding or admittance of any person beyond the established posted occupancy load of any place of assembly. (527 CMR 10.17 (1)(d) • The head of the fire department upon finding overcrowded conditions may order the performance to be stopped until the occupancy level is reduced. Department of Fire Services Division of Fire Safety

  30. Overcrowding continued • MGL Chapter 148 Section 26G ½ • Any owner of a business designed or used for occupancy as a nightclub, dance hall, discotheque, bar or for similar entertainment purposes to which the second paragraph does not apply shall install a system of automatic sprinklers within the building or structure in accordance with the state building code if the business: (1) violates the maximum capacity for such building or structure, as established by a duly recognized inspector of buildings, building commissioner or local inspector of a city, town or district or other duly recognized local inspector or inspector, as provided in chapter 143, 2 or more times during a 12-month period; or (2) violates the maximum capacity of such building or structure by a number greater than 1/2 of such maximum capacity as established by a duly recognized inspector of buildings, building commissioner or local inspector of a city, town or district or other duly recognized local inspector or inspector, as provided in chapter 143. Any owner of a building or structure required to install automatic sprinklers as a result of a violation of this paragraph shall do so within 1 year of being cited for such violation, and shall be responsible for the full costs of installation. Notwithstanding any general or special law to the contrary, any business owner cited for violating the maximum capacity for his place of business shall be subject to a $10,000 fine for a first or second offense. A third such offense shall result in the business owner losing his license to operate in the commonwealth, and all food, entertainment and other licenses associated with his business. This paragraph shall be enforced by a duly recognized inspector of buildings, building commissioner or local inspector of a city, town or district or other duly recognized local inspector as provided in chapter 143, or any state official with concurrent jurisdiction. Department of Fire Services Division of Fire Safety

  31. Decorations • Decorations-”All material such as scenery, plastic shields, streamers, and also cloth, cotton batting, straw, vines, leaves,trees, and moss used for decorative effect, bamboo, and other wood fibers, cardboard and other paper products.” • Decorations shall conform to the requirements of 527 CMR 21.00 and 780 CMR. (527 CMR 10.17(2). • Decorations vs. Interior Finish. Department of Fire Services Division of Fire Safety

  32. Fire Protection Systems Operation & Maintenance • Documentation that the sprinkler system has been inspected* within the past 12 months. • Documentation that the fire alarm system has been inspected* within the past 12 months. • Documentation that any kitchen suppression system has been inspected* within the past 6 months. • Documentation that fire extinguishers have been inspected within the past 12 months. • Documentation that the commercial kitchen exhaust system has been inspected* at the proper frequency. • *Documentation that any deficiencies found during the inspection have been corrected Department of Fire Services Division of Fire Safety

  33. Crowd Manager527 CMR 10.13 • Does the facility require a crowd manager? • Occupancy load of 100 or more and • Classified as an A-2 or A-3 use group and • Principally designed or used as a bar, nightclub or disco or dance hall. • Any facility that features entertainment by live band or recorded music generating above normal sound and has an area designated for dancing. Department of Fire Services Division of Fire Safety

  34. Crowd Managercontinued • Does the facility have a designated crowd manager. (Verify at www.mass.gov/dfs) • Are the required number of crowd managers on duty? ( 1 for every 250 persons or portion thereof). • Are the required exit announcements made? • Are copies of the required fire and building safety checklist for every day of operation available for inspection for the previous 12 months? • How does the facility prevent overcrowding? Department of Fire Services Division of Fire Safety

  35. Department of Fire Services Division of Fire Safety

  36. General • Rubbish/Trash to be handled in accordance with 527 CMR 34. • Accumulation of waste materials prohibited both inside and outside of structures. (527 CMR 10.03(4) • Open flame devices must comply with 527 CMR 10.03(6) • LP gas usage must be in accordance with 527 CMR 6. (patio heaters, barbeque grills) • Electrical wiring must be in accordance with 527 CMR 12. • Are fire lanes posted, clear and unobstructed? (527 CMR 10.03(10). Department of Fire Services Division of Fire Safety

  37. Who should conduct the inspections? • The fire department and building official. • Coordinated inspections are REQUIRED 527 CMR 1.03(2) • Most assembly occupancies also have a food service facility. • Consider inviting the local health inspector. • Consider inviting a representative of the local licensing authority. • In some communities, the police department serves as the designee. Department of Fire Services Division of Fire Safety

  38. Questions? Department of Fire Services Division of Fire Safety

  39. Department of Fire ServicesDivision of Fire Safety • Compliance Desk (M-F 8 AM-4 PM) • 978-567- 3375 • Nights, Weekends and Holidays • Contact MEMA at 508-820-2000 and request that a Compliance Officer contact you. Department of Fire Services Division of Fire Safety

  40. Thank you! Department of Fire Services Division of Fire Safety

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