Sprinkler ordinance threatens to shut down Music City clubs
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DATE LINE: WEST WARWICK, RHODE ISLAND: February 21st 2003.
Hair metal band, Great White is on stage. Hundreds of people are inside the The Station night club.
According to published reports; the band is cranking out its first song when pyrotechnics begin going off.
That’s when foam that had been placed around the stage as soundproofing quickly ignited.
“Thick smoke quickly spread through the club and within minutes, the one-story, wooden building was engulfed in flames, trapping club goers as they rushed toward the same exit.” 100 people died.
Great White guitarist, Ty Longley, was among those killed the fire. Dozens more were injured.
The club owners were charged with 200 counts of involuntary manslaughter.
“In the wake of the fire, Gov. Don Carcieri called for emergency inspections of all public buildings similar to The Station nightclub, and the state formed a commission to investigate the blaze. State lawmakers passed stringent new fire-safety standards, including stricter rules on sprinkler requirements for older buildings.” Because of what many call the nations “deadliest nightclub fires”
Laws are changing here in Tennessee mandating that live music venues with occupancies of 100 or more must install fire sprinkler systems.
Metro Fire Marshal Danny Hunt says it is a direct result of the Rhode Island tragedy and it is all about safety.
“The national fire protection association put in a mandate that required the retrofitting of sprinklers for night clubs that serve drinks and have live entertainment and if you had occupancy over 100.”
“It requires a night club, a dance hall, a disco, anything that mixes drinking, alcohol with excitement, 43 the high intensity and the vibe they (the crowd” gets, with loud music, that is distracting, and they are so focused, like a concert, you go in, loud music, and all the people’s attentions are totally on the group, and you could have fires, that happen, and people will ignore it, they cannot hear things going on, so there are requirements in the code to take care of that.”
Hunt admits that the new code will be costly to all the establishments that it affects.
“It gets expensive when you have to bring it (water) in from the street. I think the major cost is getting the water from the water main into the building. The residual costs are the sprinkler lines in the building.”
Hunt says the city has been very lenient on club owners who have appealed, almost automatically granting them 18 month extensions to comply.
That time is running out for some clubs, like the world famous Exit In.
Since 1971, live music has poured off this stage at this concrete slab of peeling paint and stale beer stench.
The walls are tatooed with history of the bands that have rocked across the stage.
The Guess Who, the Ramones, Muddy Waters, Jerry Lee Lewis, the Fabulous thunderbirds, Wolf Mother, Fats Domino, REM, Billy Joel, the Black Crowes, Tom Petty and the Heartbreakers.
The list goes on and on and on.
Josh Billue is the latest owner of the venerable rock and roll hall.
“I am 27 years old and I own the biz it is very scary to be facing bankruptcy at 27″
Billue doesn’t own the building - but he does own the business
“I am not against the sprinklers, I am for them. And if they were handing them out for free I am all about it.”
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The young businessman says estimates for a sprinkler system range from 50 to 100 thousand dollars. The disparity is due to the fact that they don’t know how extensive the job will be when they rip up Elliston Place to get to the water mains.
He says if he can’t come up with the money then there is the possibility that he will have to lock the doors.
By all accounts, that would be a sad musical moment for the Music City.
“So in March 2009 we have to have our system in and it is coming down like gangbusters,” the young entrepreneur says in the dark funk of the empty hall.
Billue says he is all about safety, but questions why a tragedy across the country should threaten his club when he says his establishment is as safe as it has ever been.
“There is nothing dangerous about this room. There are six exits out. It is quirky. It’s older, but it’s safe. We have 8 more fire extinguishers than we are suppose to. We are only suppose to have 3. It is only because of a tragedy in Rhode Island that they are applying this to places doing live entertainment and to say we are all the same is a mistake. There is nothing less safe about the exit inn in 40 years. And now we are in a situation we are being punished for doing live shows.”
I question the young business owner about raising the capitol to fund the sprinkler project.
“People look at the Exit In and they think you are bank rolling brother. You are making money. You get some gig bands in here. Come on, hat is another 40,000 dollars. Just absorb it.”
He laughs, his teeth flashing through his thick red beard.
“Yeah, sure. No that is not the case. It’s hard to explain to anyone outside this line of work. Live entertainment is a tough way to make money. We win and lose on the door every night. It is fun business, but not an easy business. We feel the impact of the economy first, we are the dollar that is entertainment, and easy to excuse.”
He tells me that the city notified him on Sept 28th 2007. The club appealed. That appeals process ends in March of 2009.
“So we are saving every dime we can save, we got to 15,000 dollars and so far that is it,” he says.
I ask him about other venues that are simply cutting out live entertainment to adhere to the new provisions.
Fire Marshal, Danny Hunt confirms that many establishments are doing this.
The Broadway Brewhouse, use to have a single guitar player. The code applied them.
When that single guitar player packed up his guitar and left the stage, the new ordinance no longer applied.
Same bar, same drinking, same crowd.
The only difference?
No live entertainment to reportedly “whip the crowd into a frenzy” as Hunt described to me.
“But some of us like 3rd and Lindsley, we are live entertainment,” Billue says with a sign. “We cease to do shows, we are not a live music venue anymore.”
“So at the pace you are going,” I interject. “In March of 2009, the Exit In will shut down; there will be a black hole here on Elliston place because of the city’s code?”
He rolls his eyes behind his dark glasses.
“Maybe, but I hope that is not the case. ”
He tells me that January 23rd he is planning on a benefit.
“Who is playing?” I ask.
“We are working that out?” he says.
I look at the wall of multiple groups that have graced the stage here.
“How about some of these people donating their musical talents,” I shout.
He laughs.
“Where are the Melvins and the Circle Jerks when you need them?”
Here is the latest information from the Metro Fire Marshal’s office:
- 115 businesses (night clubs and bars) that fall under the criteria that would require them to be retrofitted with an automatic fire sprinkler system.
- 57 were given letters requiring sprinklers
- 36 appealed to the Board of Fire and Building Code Appeals. (they were all given 18 months from the date of notice to comply)
- 21 did not appeal
- Out of those 21 that did not appeal we have:
- 7 have already sprinkled or are in the process of installing a automatic fire sprinkler system
- 5 have discontinued live entertainment
- 3 have closed or are in the process of closing
- 1 is on the January agenda of the appeals board
- 5 have done nothing and have legal action pending
The safty for all is for sure the most important thing, However to expect a small business to be able to fork out an extream amount is unfair. Our country is at its most depressing state at this time and any kind of entertainment that we may find to ammuse us is said to be healthy and rejuvanating to our minds, bodys, and souls. If the gov. can dish out a wad of money to the car makers( I have no problems with this,I think they need better book keeping but seriously I have no problem with this action)and the money they want to put out for those who are at risk to lose their homes (Well this I am still confused about, we as renters do not recieve money cuz we are unable to pay our rent, people you know the houe note is due set it asside and pay it even if it means skippin on you so call needs which are really a luxury) any way if they can take our money and use it for those thins I think they could pitch in and help those who are at the bottom of the totum pole and are trying to add a little entertainment to our depressing ecconomy.
WAKE UP TENNESSEE, SOME ONE WANTS THE PROPERTY, THAT ALL IT IS. SAFETY FIRST , THOUGH, AND THAT SOULD HAVE BEEN IN PLACE YRS AGO WHEN THE PLACE WAS OPENED. LISTEN TO THE NEWS AND READ THE PAPER AND REMEMBER THE COMMENTS MADE AND U WIL SEE THE REASONS LOUD AND CLEAR.
Andy,
Chief Halford wanted me to remind you that we have 239 night clubs listed during our last inspections, 115 met the criteria under the fire code ( live entertainment over 100 occupant load ).
I hope this will help with your story,
Danny.
It seems to me that there could be other alternatives. How about banning pyrotechnics in these venues and making sure there are adequate exits. Also, I think what a venue is constructed of should make a difference such as cinder block and/or brick. Actual risk should take presidence over blanket restrictions. Conflicts of interest should also be ruled out from those that would impose these new codes.
Fires start from all kinds of sources, not just from pyro. Sprinklers take care of them all. Don’t expect me to fall for the “sprinklers cost too much” hoax. No thinking person will fall for that.
Sprinklers save property, and sprinklers save lives. Period.
Cinderblock contruction won’t save a single life if the fire’s within the building. Sprinklers will.
Water damage is easier to clean up, compared to fire damage.
Insurance companies should raise rates for properties that don’t have sprinklers. Property owners should be responsible for installing the sprinklers in order to get the lower rates.
If you’re renting your venue space, you need to talk to the landlord about installing sprinklers. Guess who’s going to be sued if someone is killed or injured by fire in YOUR unsprinkled club? You might be ready to shoulder that liability, but the families of the victims might want to have a talk with you about it.
And don’t talk to me about “unfair”. Avoidable death and injury are unfair. Don’t believe the lies: The clubs Downtown are making BIG money, so there’s nothing unfair about expecting them to keep their patrons safe. If they can’t handle this expense, they’ll be closing down soon enough anyway.
No one has been affected more that 12th & Porter with the new sprinkler codes, but no one is talking about that. In order to reopen the closed music in FEB of 2008, I had to install sprinklers as though I was a new business. I appealed for the 18 months that Exit/In and 3rd & Lindsley had been given and was told NO. I agreed that the safety of the patrons was far more important than anything else so we focused our attention on bring the old building up to codes. It was agreed by authorities that I could open the doors in FEB before the sprinklers were installed, but I had to pay $50 per hour to a certified Fire Watch (Nashville Fireman). I paid $7500 directly to the fire department during the month of March while my sprinklers were installed. The sprinklers cost $65,000. I am currently making loan payments to the bank and will for the next several years.
[...] a little easier for businesses to come into compliance with new sprinkler codes. Messed Up recently featured owners of Exit/In and their concern that they could be forced to close their [...]
Rick, you obviously don’t work as a club owner or promoter. “Big money” is not accurate for most of us! There are a few large venues/clubs that do (make Big money), I’m sure. But the smaller music venues are not getting rich off of their work. Its a labor of love. I mean really, its allot like Vegas where the house (in this case the band with a guarantee) always wins. You might see a club with allot of people, but that doesn’t mean the club is making anything at all, because most of the money is going to the preforming bands.
Terry Smith said “I think what a venue is constructed of should make a difference such as cinder block and/or brick.” I agree with this! The Muse opened in 2001 and we were told that it was a “Noncombustible” building and because of that, we didn’t need sprinklers. I think its unfair that the city should go back on what they said in the first place. Whats up with a normal grandfather clause?