For Immediate Release
August 6, 2004
Please Contact: Colin Durrant (617)722-1650 or
Dalié Jiménez, 617-722-1650

Also see: Statement of Senator Barrios on Governor’s Approval of Fire Safety Bill  - August 17, 2004

Fire Safety Overhaul Mandates Sprinklers, Boosts Aid To Local Fire Departments

(State House, Boston) A tough new fire safety bill that will require installation of sprinklers in nightclubs with a capacity of over 100 people and boost funding for fire departments and fire safety education by $11.5 million, received final approval by the Legislature today. The bill caps the efforts of legislators, fire fighters and the families of the victims of The Station Nightclub fire to reform Massachusetts fire safety laws and to prevent further tragedies from occurring. The bill is now on the Governor’s desk for his expected approval.

Senator Jarrett Barrios (D-Cambridge) and Representative Tim Toomey (D-Cambridge), co-chairs of the Joint Committee on Public Safety Committee, lauded the bills passage as a victory for the safety of all Massachusetts residents.

“We’ve successfully overhauled the state’s fire safety laws to include tough new sprinkler requirements and a boost in local aid that will help avoid future tragedies and make the state safer for all residents,” said Senator Barrios. “There hasn’t been a recorded death in a building with sprinklers and that’s why we established a strict requirement for all nightclubs and bars.”

“What we have done is one of the biggest public safety accomplishments of my career. We are protecting patrons, we are protecting fire fighters and we are putting more personnel in our fire departments,” said Rep. Toomey, House Chairman of the Joint Committee on Public Safety. “No one will ever know how many lives we’ll save with these new laws. No one will ever know the pain we have saved the families of potential victims. What we’ve done is preserve life in this Commonwealth.”

Tough New Sprinkler Requirements

The fire safety bill requires all nightclubs and bars with an occupancy of 100 or more to install automatic sprinklers within three years and establishes a stiff “two strikes and you’re out” policy for bars and nightclubs under the 100 person occupancy level. While businesses with a capacity under 100 are not required to have sprinklers, they must comply with their occupancy levels. If they do not, and are cited for an occupancy violation twice in a 12 month period, the business will be shut down and sprinklers must be installed within 90 days. Additionally, if a bar or nightclub with an occupancy of less than 100 persons commits an egregious violation of their occupancy limitation, they will be immediately shut down and required to install automatic sprinklers.

The legislation provides a tax depreciation schedule as well as a further investigation into lower insurance rates in order to reduce the economic burden on small business owners.

Increased funding for local firefighters

Recognizing the importance of local fire departments in responding to tragedies, the bill appropriates over $11.5 million in new money to improve fire inspector training, fire fighter equipment and fire safety education. The centerpiece of the legislation is the creation of a $10 million “Firefighting Equipment Grant Program”, similar to the competitive grants that police departments are eligible for under Community Policing. A population-based competitive grant process will award every community in Massachusetts a distribution of funds to be used for purchasing new fire equipment. Fire Departments can select from a “menu” of available equipment (including turnout gear, air packs, tanks, compressors, thermal imaging devices, etc) and can also use up to 50% of award monies towards supplementing staff salaries.

Stricter Enforcement of Fire Safety Laws

The new fire safety legislation also permits local or state code enforcement officers to issue “code violation notices,” similar to a traffic ticket that notifies the owner of any building that there is a building or fire code violation. This new notice will contain the name, address of the offender, the specific violation charge, and the location of the charge. These “code violation notices” or “code tickets” give the local inspector enforcement powers that are desperately needed in order to prevent a tragedy from occurring once again.

Broad Review of Regulations Sparked New Changes

In the aftermath of The Station Nightclub Fire in West Warwick, Rhode Island, Joint Committee on Public Safety Chairmen Rep. Toomey, Jr. and Senator Barrios formed a Subcommittee on Fire Safety, chaired by Senator Stephen M. Brewer (D - Barre), Representative Robert J. Nyman (D – Hanover) and Representative Kathi-Anne Reinstein (D – Revere). The subcommittee became the first public body in Massachusetts to broadly review an overhaul of current regulations in order to prevent future catastrophes. The members of the committee were the first public officials in Massachusetts who said the current state of fire regulations and fire prevention in the Commonwealth was inadequate. This legislation is the culmination of their efforts.

The subcommittee held public hearings around the state, including hearings in Boston, Revere, Rockland and Hyannis. The landmark bill approved today is the result of these hearings and the tireless efforts of House members and staff to reach an equitable level of regulation that preserves the safety of the Commonwealth’s citizens, while also safeguarding small business concerns.

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