OSTBY BARTON POGO

Public Forum Transcript and Written Statements
held in conjunction with a meeting of the
NFPA Technical Committee on Assembly Occupancies

















March 13, 2003 World Trade Center Boston, Massachusetts 1 1 NATIONAL FIRE PROTECTION ASSOCIATION 2 PUBLIC FORUM 3 THURSDAY, MARCH 13, 2003 4 WORLD TRADE CENTER 5 BOSTON, MASSACHUSETTS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 LEAVITT REPORTING, INC. 2 1 A Public Forum of the National Fire 2 Protection Association convened in the Harborview 3 Ballroom of the World Trade Center on Thursday, March 4 13, 2003, commencing at 8:00 a.m., Casey Grant, 5 Assistant Chief Engineer and Secretary of the Standards 6 Council, presiding. 7 MR. CASEY GRANT: If I could have your 8 attention. We would like to get started. Good morning 9 and welcome. My name is Casey Grant. I'm Assistant 10 Chief Engineer at NFPA and Secretary of the NFPA 11 Standards Council. 12 As we do at all NFPA sponsored meetings, I would 13 like to begin by pointing out the fire alarm system in 14 this facility is a horn/strobe combination along with a 15 voice alarm. You can see the horns/strobes around the 16 room. If the fire alarm sounds, please proceed to the 17 nearest exit according to the directions of the voice 18 alarm. The exits from this room are well marked. 19 There's three along that wall over there that lead to 20 that prime corridor which goes to the foyer into the 21 other direction and into the Fidelity space. We also 22 have this exit right behind where the guests are seated 23 which leads directly into a stairwell and leads LEAVITT REPORTING, INC. 3 1 directly to the exterior. 2 In a moment I will review the logistical ground 3 rules for our public forum this morning, but first I 4 would like to introduce Mr. Jim Shannon, NFPA 5 President, for his introductory remarks. Jim. 6 MR. JAMES SHANNON: Thank you, Casey. 7 Good morning, everyone. For the visitors here 8 today, who I have not had a chance to meet, let me 9 introduce myself. I am Jim Shannon, the President of 10 NFPA. NFPA is the world's leading developer of fire 11 and safety codes, and many of the people in this room 12 join our seven thousand other volunteers who develop 13 and update these codes regularly. 14 Now, to the members of the Technical Committee, I 15 want to thank you for rearranging all of your schedules 16 to be here today. I know of the great commitment that 17 you have in making the world safer and the amount of 18 time that you already put in in that process at NFPA. 19 I think your presence here today demonstrates once 20 again that ongoing commitment to enhancing public 21 safety. That's why all of you serve on this committee, 22 and it's the very reason that NFPA exists. So you have 23 our gratitude for coming here today. LEAVITT REPORTING, INC. 4 1 These past few weeks have been extremely difficult 2 for all of us. Every one of us at NFPA joins the 3 nation in being horrified by the tragic situations that 4 have occurred in nightclubs in Chicago and in West 5 Warwick, Rhode Island, and our hearts and thoughts go 6 out to the victims, their families and friends, and we 7 have the family members of some of the victims here 8 today. I want to express to you our condolences and 9 our thanks for being here today. I think your 10 contribution this morning is going to be a very 11 important one to this process. 12 One of the most frustrating things about these 13 tragedies was that in each case lives were lost because 14 of what appeared to be serious code violations. If 15 relevant codes had been followed, perhaps those 16 tragedies would not have occurred. But each of us is 17 all too aware that they did, indeed, happen and each 18 and everyone of us at NFPA is committed to doing 19 whatever we can to help prevent something as terrible 20 as this from ever happening again. 21 Now, in the two nightclub tragedies we already 22 have a great deal of information about what happened. 23 We've got video tapes and we've got survivor accounts LEAVITT REPORTING, INC. 5 1 and other evidence which will greatly aid our efforts 2 to find out exactly what went wrong and what we can do 3 about it. 4 Those questions, you know, what went wrong and 5 what can be done to prevent similar tragedies from 6 occurring in the future, are uppermost in all of our 7 minds today. That's why we have asked you to come here 8 today. We want to get the relevant committee members 9 together as soon as possible in order to act on the 10 information that we have. We want to know what else 11 codes can do to protect building occupants, even if 12 some of the key provisions are ignored, and over the 13 years the work you and other Technical Committee 14 members have done has resulted in tremendous 15 improvements to public safety. 16 The Life Safety Code which all of you have played 17 a big part in developing and maintaining has made a 18 great contribution to reducing by nearly fifty percent 19 the number of deaths in structural fires in this 20 country over the last twenty-five years. That's 21 tremendous progress. But there's always more work to 22 be done, and our committees are continually evaluating 23 the latest technologies and safety information in order LEAVITT REPORTING, INC. 6 1 to make the codes even better, and that's what today's 2 meeting is about. So all of us want to do our part. 3 I want to thank all of the public participants 4 today for offering your comments. I think it's going 5 to be a great value to the committee. I want to thank, 6 once again, the committee members for what you have 7 done in the past and for the important work that you're 8 going to begin here this morning. Thank you very 9 much. 10 MR. GRANT: Thank you, Jim. 11 I now like to introduce Mr. Arthur Cote, Executive 12 Vice President of NFPA, who also has some introductory 13 remarks. Art. 14 MR. ART COTE: Thank you, Casey. 15 Good morning. Those of you who are involved with 16 NFPA know that I am Art Cote, Executive Vice President 17 and Chief Engineer of NFPA. Code development is one of 18 my responsibilities. 19 I, too, would like to thank the Technical 20 Committee members as well as the members of the public 21 for coming today. This meeting is an important step in 22 the process of analyzing available information and 23 making recommendations for safety. We are asking you, LEAVITT REPORTING, INC. 7 1 the Technical Committee members, to look at several 2 core components of the building safety system in light 3 of the fire at The Station nightclub in West Warwick, 4 Rhode Island, and the crowd crush incident at the E-2 5 in Chicago, Illinois. 6 We all know that the Chicago tragedy involved a 7 crowd crush in which 21 patrons were killed, and so far 8 the West Warwick fire has claimed 99 lives with many 9 more injured, many of them critically. In both cases 10 it appears that important safety codes were ignored. 11 But, beyond that, we want to know what else can be done 12 to keep these types of incidents from happening again. 13 It is our goal to create safety codes that can 14 most effectively help to prevent such tragedies. 15 Specifically, we are calling for a review of issues, 16 such as minimum thresholds for requiring sprinklers, 17 allowable interior finish and decorations, adequate 18 egress/exiting arrangements, the retroactive 19 application of code requirements and inspection and 20 permitting practices. We know that you will not reach 21 a final decision today, but we appreciate your 22 willingness to start the process and to review the 23 available information immediately. LEAVITT REPORTING, INC. 8 1 As you probably know, NFPA has been on the scene 2 investigating the fire incident at The Station 3 nightclub in Rhode Island. Our on scene investigations 4 provide an invaluable resource in the development of 5 NFPA safety codes and standards. Our fire analysis and 6 research division is also providing important fire 7 related data to our code development committees. We 8 know that you will rely on these resources as critical 9 elements in the code development process, but just as 10 important is the experience and expertise that each of 11 you personally bring to the table as Technical 12 Committee members. The time that you devote to 13 consider all of the available information before 14 reaching important decisions about what should be 15 included in safety codes is invaluable. 16 We believe in the process that you are a part of. 17 It requires consensus and does not allow any one voice 18 to dominate the deliberations. We are confident that 19 today's meeting will be a shining example of the best 20 way to develop the best possible codes to protect 21 public safety. We know that you are here today because 22 you believe in this system and are working hard to 23 protect public safety, and we appreciate your LEAVITT REPORTING, INC. 9 1 participation. 2 Let me leave you with one final thought. In 1942, 3 sixty-two plus years ago, 492 people died in the 4 deadliest nightclub fire in U.S. history, the Coconut 5 Grove fire here in Boston, Massachusetts. From that 6 tragedy, building and fire codes were strengthened to 7 better regulate interior finish and to provide adequate 8 exits in buildings. Thirty-five years later, in 1977, 9 we had the Beverly Hills Supper Club Fire, the third 10 deadliest nightclub fire in U.S. history, in Kentucky 11 that killed 165. Based on that fire in which interior 12 finish was again not properly regulated, it was 13 determined that sprinklers were needed to help protect 14 people in large public assembly buildings. Now, 15 twenty-five years later, the West Warwick fire, the 16 fourth deadliest nightclub fire in U.S. history, shows 17 us that even in small buildings we cannot guarantee 18 that people will comply with code requirements, 19 including interior finish requirements. 20 Today, as we all know, we also have the added 21 potential for outside actions like terrorists attacks 22 in nightclubs. So we need to know what else can be 23 done to help protect building occupants, even if LEAVITT REPORTING, INC. 10 1 ignition sources are brought into the facility. And we 2 need to know how to protect people if a building's 3 interior finish is not up to code. 4 Codes must continue to evolve, and your role in 5 that process is critical. Those who do not learn from 6 history are doomed to repeat it. Thank you again. 7 MR. GRANT: Thank you, Art. 8 Now before proceeding, it's imperative that I 9 review some of the logistical information for today's 10 meeting. First, this public forum is scheduled for 11 ninety minutes, and, therefore, our time frame is 12 relatively tight. Further, I'm aware that some 13 individuals also want to attend a separate hearing at 14 the Massachusetts State House scheduled for 10:00 a.m. 15 We will make every effort to finish on time. 16 An information sheet has been available and should 17 be with everyone in attendance. If not, we can have 18 staff provide that for you. This summarizes the ground 19 rules for this public forum. Please raise your hand if 20 you didn't receive a copy, and they will be distributed 21 to you. 22 I want to review certain important portions of the 23 information sheet. Quite importantly, public LEAVITT REPORTING, INC. 11 1 statements today should be brief and not exceed five 2 minutes at most. Individuals and organizations that 3 have previously notified NFPA in writing will be 4 honored first, and a sign-up list to make a brief 5 statement is also available on site. As time allows, I 6 will then proceed to the on-site list that we are 7 compiling this morning, and Miss Leona Nisbet over by 8 the door has that list. She can come to your attention 9 if you wish to sign up. Finally, if time allows, at 10 the end we'll open up the floor to any final comments. 11 Every effort will be made to accommodate all who 12 wish to speak, but cannot be guaranteed if we have a 13 large number of requests. Meanwhile, I do want to let 14 you know, however, all written submittals are welcome. 15 We have a transcription being made of this public 16 forum, and it will be available approximately a week or 17 so after this event. I note that written statements 18 and support information from presenters and others will 19 be appended to the transcript as appropriate. If you 20 have information that you would like to provide, we 21 certainly would like to receive it. 22 Now, the meeting of the NFPA Technical Committee 23 on Assembly Occupancies will start immediately LEAVITT REPORTING, INC. 12 1 following this public forum, and is expected to 2 continue until approximately 4:00 p.m. At the close of 3 this public forum, somewhere around the vicinity of 4 9:30 or 10:00, we will take a very short recess prior 5 to the committee Chair convening their meeting. 6 Be advised that attendance is open at the 7 Technical Committee meeting, although participation 8 will be limited to the members of the Technical 9 Committee at the discretion of the committee Chair. 10 Please note that NFPA rules do not allow verbatim 11 transcription recording devices at any of its Technical 12 Committee meetings, and thus any individuals with 13 recording devices will be asked to remove them from the 14 room after this public forum. 15 As additional information, please note that 16 smoking is not allowed in any NFPA sponsored meeting. 17 Also, media interviews are not allowed within the media 18 room and should be conducted outside the room so as not 19 to detract from the proceedings. 20 Finally, I want to urge all speakers who speak 21 this morning to respect our time limit constraints for 22 this public forum and to keep remarks less than five 23 minutes at most. LEAVITT REPORTING, INC. 13 1 With all that said, let's begin. We will proceed 2 first in order of those individuals and organizations 3 that have requested beforehand the opportunity to 4 speak. I would ask as you come to the podium in the 5 center here that you identify your name and affiliation 6 at the beginning of your statements. 7 Our first speaker this morning is Mr. Al Gray with 8 the MBTA. If we could have Al. 9 MR. AL GRAY: Good morning, everyone. This 10 kind of caught me real quick. I kind of put some stuff 11 together, but what I would like to tell you is tell you 12 a little bit about myself before I go into some other 13 stuff. 14 First, I have been doing industrial fire 15 protection for nearly thirty years. Again, I worked, 16 even in the Navy I was a fire fighter. I did 17 twenty-five years at Polaroid, and basically my 18 functions was, I was one of their fire administrators 19 for one of their sites. Currently I'm now working at 20 the MBTA as a fire life safety official. Again, that's 21 thirty years. I would like to think in my thirty years 22 I have done a good job, but, obviously, you know, it's 23 kind of tough, so excuse me a little bit. LEAVITT REPORTING, INC. 14 1 I guess February 20th, the night of The Station 2 fire at West Warwick, Rhode Island, kind of set me back 3 quite a bit. I lost my son, Derrick. It kind of hurts 4 a little bit because I have been doing this for so long 5 and planning for emergencies, and there was nothing I 6 could do. You know, 99 people died because there 7 wasn't sprinklers in that building. If there was 8 sprinklers in that building, those kids would have got 9 out. That's it in a nutshell. 10 You know, if we had tighter laws, I guess, for 11 inspections to go on, they would have seen a lot of 12 problems there. The installation, you know, really 13 bad. I've had dealings with that stuff, and it's bad 14 stuff. I had to have it removed. We used to do a 15 round with the insurance company, F. M. Global. They 16 are pretty much a leader in that kind of stuff. We 17 dealt with a lot of that, and, I don't know, I just 18 don't understand what people use those types of 19 things. But I guess if you're not up, you know, up to, 20 you know, up to knowing what's going on, you probably 21 would put something up if it was cheap enough. 22 Again, we've got to have tighter -- We have to 23 have people that know what they're doing go in and make LEAVITT REPORTING, INC. 15 1 these inspections and set these people right what they 2 have to do. 3 You know, I have to tell you again, I guess I'm 4 going to get a lot of practice doing this because I 5 guess I got my second calling. I'm going to be 6 dedicating all my spare time into doing this in my 7 son's name. I'm going to go after these grandfather 8 clauses, out the door. Anyone who wants to listen to 9 me speak, no more, that's baloney. Mandatory 10 sprinklers in assembly areas where these kids go and 11 listen to their music. Tighter things. We want more 12 exits to get out of these buildings. 13 I have to tell you, I went -- after going to Rhode 14 Island, I said I wasn't going to go to that memorial 15 site, but I did. You couldn't really see it, but you 16 could kind of look over the fence a little bit. All 17 wood, two by fours, terrible, terrible. 18 You need sprinklers. If anything comes out of 19 this, we got to get sprinklers in these places. All my 20 life, I worked half my adult life doing that type of 21 work. I even have a license to put sprinklers in. If 22 I knew what I knew now, I would have paid to put them 23 in. For thirty or forty grand they could have LEAVITT REPORTING, INC. 16 1 retrofitted the building, and, again, you know, and I 2 know pretty much all of those people would have been 3 out alive. 4 I kind of threw away the stuff that I wrote 5 because I'm kind of speaking right from my heart right 6 now. Again, 99 lives lost, over two hundred people 7 injured, I mean, that's got to send a strong message. 8 I figured my son would do something. He comes and he 9 makes history, Number 4, right. 10 This kid, let me tell you, didn't smoke, drink or 11 do drugs. All he loved was his music, and he even 12 wrote a lot of it. I guess some of you may know me. 13 You probably heard any name in the paper a couple of 14 times, people talking about it. But it's up to us to 15 do something. I'll tell you right now. If anyone 16 needs me to help them, just call me. If anyone wants 17 to write my home phone number down, it's 978-454-3404. 18 Again, I am a member of the NFPA, I have been for 19 many years. But, again, my end was industrial fire 20 protection. But it looks like I'm going to get 21 involved in a lot of other stuff right now. 22 Again, I'm really, you know, sprinklers in these 23 assembly areas. Get rid of some of these grandfather LEAVITT REPORTING, INC. 17 1 clauses. Pyrotechnics, we shouldn't be using them 2 indoors. Outdoors. Let them be controlled outside. 3 This is a structure, what, seven-foot ceilings or 4 something like that? That's ludicrous. That's crazy. 5 It's real bad. 6 But, again, I would like say thank you. Casey 7 invited me to speak. I didn't think I could -- To tell 8 you the truth, I didn't think I could do this at all, 9 but I have to in my kid's name. I'm really going to be 10 out there trying to help and doing anything I can do. 11 Thanks, everyone, for listening to me. Thanks, Casey. 12 MR. GRANT: Al, thank you very much. Your 13 words are especially poignant and meaningful. Thank 14 you. 15 Our next speaker is Miss Rachel Mullen with J. P. 16 Morgan Chase. Miss Mullen. 17 MS. RACHEL MULLEN: Good morning. My name is 18 Rachel Mullen. I'm from the Greater Boston area. I'm 19 not affiliated with any organization. Unfortunately, 20 I'm here because my sister, Sandy Green, lost her 21 husband, Scott, in Warwick, Rhode Island, in the West 22 Warwick fire. The unfortunate truth of the matter 23 surrounding the horrific events on the night of LEAVITT REPORTING, INC. 18 1 Thursday, February 20th, is that it never ever should 2 have happened and could have been prevented. 3 I envy those folks who watched the events unfold 4 on TV, thinking those poor families. It's because you 5 have no idea of what it is like when that is unfolding 6 on your family. Waiting day after day after day for 7 someone to confirm what you know in your heart is 8 already true, that your husband, your wife, your son, 9 your daughter or your friend is never coming home. 10 That's something that we take for granted because we 11 never think it will happen to us. 12 Like I said earlier, my sister, Sandy, lost her 13 husband, Scott, in the fire. He was thirty-five years 14 old, and they were married less than four years. She 15 waited four days for somebody to tell her that her 16 husband was gone. A gifted artist, Scott was a native 17 of Warwick. My brother-in-law and my sister dreamed of 18 opening up their own tatoo parlor. They finally 19 realized that dream and opened up the doors of 20 Perception Tatoo in West Warwick located near The 21 Station nightclub. 22 Nothing will ever change what happened that 23 night. Those 99 lives cannot be replaced nor can we LEAVITT REPORTING, INC. 19 1 undo the damage done to those who survived this 2 horrific ordeal and suffered severe injuries. And for 3 all of the families involved, our lives will never be 4 the same. But the only thing we can do is to ensure 5 that nothing like this will ever happen again. The 6 time to take any action is now, and we need an 7 immediate review of any current safety regulations and 8 codes and retroactively apply them to any public or 9 private venues, especially bars and nightclubs where 10 alcohol and large crowds are present. 11 It's ironic that as small business owners my 12 sister and her husband's maximum building occupancy 13 could be counted on with both hands, and yet they were 14 legally required and complied with having a sprinkler 15 system installed in their place of business. 16 The costs of ensuring these businesses are as safe 17 as possible should not be a factor to any business 18 owner. You cannot justify any dollar amount in cutting 19 costs in safety when it jeopardizes people's lives. 20 You cannot put a price tag on our loved ones in order 21 to save a few bucks. 22 We need to ensure that venues are equipped with 23 automatic sprinkler systems and fire extinguishers and LEAVITT REPORTING, INC. 20 1 exits that are well lit and large enough to handle a 2 crowd in the event of any emergency. We need 3 responsible business owners to train their staff in the 4 event of such emergencies, doing whatever it is they 5 can to guide their patrons to safety. 6 We need strict enforcement of building capacities, 7 leveling fines or shutting down those clubs that 8 routinely pack their patrons in like sardines in order 9 to sell a few more tickets. We also need to make sure 10 that the proper authorities have the resources in order 11 to conduct these safety inspections. 12 Most importantly, we need to prohibit the use of 13 pyrotechnics indoors at any and all events. Let us 14 learn from this tragedy. A little bit of flash and 15 bang purely for entertainment purposes isn't worth it. 16 99 lives were lost and nearly two hundred people were 17 injured. It isn't worth it, and it didn't have to 18 happen. 19 My sister is only twenty-eight years old, and she 20 is a widow. And her husband wasn't even planning on 21 going to the club that night with his friends until the 22 band came into their tatoo parlor and put their names 23 on the list. We're just one family, and there are so LEAVITT REPORTING, INC. 21 1 many other families who have similar stories. This 2 didn't have to happen. This never should have 3 happened. We need to do everything we can to ensure 4 that the events of that fateful night are never 5 repeated. Thank you. 6 MR. GRANT: Thank you very much. Your 7 testimony is very important here. 8 Our next speaker is Chief Robert DiPoli 9 representing the International Association of Fire 10 Chiefs. 11 CHIEF ROBERT DIPOLI: Thank you and good 12 morning. My name is Bob DiPoli. I'm the Fire Chief in 13 Needham, Massachusetts, a suburb of about ten miles to 14 the west of the City of Boston. I'm here this morning 15 as the Second Vice President of the International 16 Association of Fire Chiefs. I'm representing President 17 Chief Randy Brugerman. I'm accompanied this morning by 18 Mr. Gary Brasee, Executive Director of the 19 International Association of Fire Chiefs; Chief Roger 20 Bradley from Hanover, New Hampshire, that's the New 21 England District Director to the IAFC board; and Chief 22 Jackie Gibbs from Marietta, Georgia, who is the 23 Chairman of the Fire and Life Safety Section for the LEAVITT REPORTING, INC. 22 1 International. He'll be testifying in front of this 2 panel momentarily. 3 I just want to say first that collectively our 4 thoughts and prayers are with the families and the 5 friends of the victims as well as the first responders, 6 the fire and emergency service workers faced with such 7 terrible carnage. It is our hopes that working 8 together with the code development groups and with law 9 makers both at the local, state and federal level that 10 we can make changes that will avert the potential for 11 another tragedy like this forever. 12 So, with that said, Chief Jackie Gibbs, please. 13 CHIEF JACKIE GIBBS: Good morning. Thank 14 you. I am Chief Jackie Gibbs, Fire Chief of the City 15 of Marietta, Georgia, and Chairman of the Fire and Life 16 Safety Section of the International Association of Fire 17 Chiefs. 18 On behalf of President Randy R. Brugerman, I'm 19 here to speak for the International Association of Fire 20 Chiefs. The IAFC represents the senior fire and 21 emergency service leaders whose organizations protect 22 more than eighty percent of the population of the 23 United States and most of the nation's critical LEAVITT REPORTING, INC. 23 1 infrastructure. 2 We are here today because we believe we share a 3 common concern: the urgent need to stop the loss of 4 life from fires and preventable disasters within the 5 United States, Canada and throughout the world. What 6 has passed is prolo. It's time to identify some 7 specific actions for the future. 8 All NFPA codes must address the requirements that 9 new commercial buildings, especially places of 10 assembly, be equipped with fire sprinklers and 11 monitored alarm systems, no exceptions. The fire in 12 Minneapolis is proof. 13 The concept of grandfathering must be eliminated 14 from the codes for all target hazard buildings and 15 occupancies such as assemblies, multifamily occupancies 16 and residential occupancies of substantial risk: group 17 houses, twenty-four hour a day care facilities 18 specifically. 19 All non-comply preexisting conditions and 20 occupancies must be required to come into full 21 compliance with the most current fire and building 22 codes within a specified phase-in timeline. We must 23 change our old mind-set on the applications of codes. LEAVITT REPORTING, INC. 24 1 For example, if we allow the partial sprinkling of 2 residential occupancies in areas of the home most 3 likely to have a fire, such as the kitchen, heating 4 equipment area and garage, we could control the 5 majority of our residential fire problem. 6 Number four, local governments must reexamine 7 obstacles that they have put in place which are 8 disincentives to building owners installing or 9 retrofitting fire sprinkler systems. Examples are 10 excessive water standpipe fees and meter installation 11 charges. 12 There's a clear disconnect between the design of 13 the exits from buildings and the public's understanding 14 of exit use. We have not been successful in teaching 15 the public the importance of exiting concepts, and we 16 must accept the fact that in all likelihood we will not 17 be successful any time in the future for the majority 18 of the population. Therefore, we must design emergency 19 procedures and exits in accordance with how they will 20 be used in actual emergencies. We must change the 21 design to accommodate the public's performance and 22 their reactions in times of emergency. 23 For our part, the fire service must rigorously, LEAVITT REPORTING, INC. 25 1 uniformly and fairly enforce existing codes and 2 protective systems, and policies must be established 3 where local politicians are held publicly accountable 4 when they try to interfere with the enforcement 5 process. 6 Local jurisdictions must provide adequate funding 7 and staffing for enough fire inspection personnel to 8 allow for aggressive inspection programs to ensure code 9 compliance. Every fire inspector needs to be trained 10 and certified. No longer can the fire service look on 11 this function as anything less than a key component of 12 a community's fire protection preparations. 13 We need to provide every fire inspector with easy 14 to use reference materials and guides that are based on 15 systematic inspection procedures and reference guides 16 to assure the quality and the content of the inspection 17 process. Self-inspection guides on building and fire 18 regulations need to be developed to educate building 19 owners on the importance of the partnership between the 20 building owner and the fire inspector to assure 21 compliance with the code between the inspections. 22 These guides and self-inspection checklist will provide 23 much needed improvement by educating building owners LEAVITT REPORTING, INC. 26 1 and managers. 2 No more indoor fireworks or pyrotechnics, period, 3 and eliminate their indoor use completely. There are 4 plenty of alternatives to develop an appropriate 5 festive atmosphere that do not provide a threat to 6 human life. Laser shows and light shows are a perfect 7 examples. We must also limit the use of fireworks and 8 pyrotechnics for outdoor use and outdoor public 9 displays, and these devices must only be used by 10 licensed and trained individuals. 11 Our message in every case must be clear: fire is 12 dangerous and can easily injure or kill. 13 Ending the comments of the International 14 Association of Fire Chiefs, we must do everything we 15 can to eliminate these horrific incidents and senseless 16 losses of life. Life is not negotiable, and we are 17 asking the NFPA to take aggressive steps to immediately 18 address these code applications that we all know will 19 save precious lives in the future. 20 Ladies and gentlemen, it is time that we 21 collectively say enough is enough and decide that we 22 are, indeed, mad as hell and we are not going to take 23 it anymore. Enough talk. It's time for you to take LEAVITT REPORTING, INC. 27 1 decisive actions to immediately make the changes the 2 fire chiefs of this nation have identified. 3 The memories of 492 families from the Coconut 4 Grove, 164 families from the Kentucky Supper Club, 87 5 families from Happyland Club, and at least 99 families 6 in Rhode Island deserve no less. Thank you for your 7 time. 8 MR. GRANT: Thank you, gentlemen. Thank you 9 very much. 10 I would like to ask if Miss Amy Acton is with us 11 today with the Phoenix Society. Thank you. 12 MS. AMY ACTON: Thank you. I'm from the 13 Phoenix Society for Burns Survivors, a national 14 organization that supports those that have had burn 15 injuries. Thank you for this time to address you. 16 We are committed as an organization of thousands 17 of burn survivors and their families and loved ones 18 that have been impacted by a burn injury to advocate at 19 any level and anywhere to increase the standard for 20 sprinklers in our society. I agree it's no longer 21 acceptable to stand by and watch while people are dying 22 when we have the technology, the know-how and the 23 ability to stop it. LEAVITT REPORTING, INC. 28 1 So I urge you to take the measures you need to to 2 help us put sprinklers in all public assembly 3 buildings, all new construction, and stop the 4 grandfathering. There's no reason for the loss of life 5 that we experienced in the last few weeks and the 6 injuries that will have a lifelong impact on not just 7 the survivor, but all of the family members and the 8 community of West Warwick and Rhode Island. Thank 9 you. 10 MR. GRANT: Thank you, Miss Acton. 11 Our next speaker is chief Jay Fleming with the 12 Boston Fire Department. Chief Fleming. 13 CHIEF JAY FLEMING: First, I would like to 14 thank the NFPA for the opportunity to speak here 15 today. I don't represent any group. I am a Fire 16 Chief. I was the Fire Marshal in Boston for about 17 eight years. But I haven't had time to send my 18 comments up the chain of command. So here I'm just 19 speaking for myself. I'm not speaking on behalf of the 20 Boston Fire Department, although I don't think they 21 object. I'm just not sure. 22 I'm going to talk about a couple of specific 23 issues and then one general issues that some of the LEAVITT REPORTING, INC. 29 1 other people have talked about. In regards to exit 2 capacity, the NFPA in 101 requires that the main exit 3 accommodate fifty percent of the occupant load and the 4 other exits also accommodate fifty percent of the 5 occupant load, and that's a hundred percent, of 6 course. I think we have to build in a greater safety 7 factor. 8 I think these recent tragedies have clearly shown 9 most people, not just fifty percent, are going to try 10 to use that front door. I think the width of the door, 11 that is the egress capacity, has to be greater. 12 The other issue is for the other exits, if we have 13 a place of assembly that's required, and this always 14 bothered me, if we have a place of assembly that has 15 two exits and the main exit can absorb fifty percent of 16 the capacity, but don't we have two exits, assuming 17 that one could be blocked. So if the rear exit is 18 blocked and the front door can only accommodate fifty 19 percent of the occupant load, that doesn't add up to a 20 hundred percent of the people at risk. 21 So I won't bore you with the specifics, but I will 22 submit my recommendations. And I think that especially 23 in non-sprinklered buildings, that the total capacity LEAVITT REPORTING, INC. 30 1 of the exit of the front door should always be a 2 hundred percent and that the other exits should add up 3 to a hundred as well which will be a built in safety 4 factor. 5 In regards to occupancy classifications, it 6 appears that the NFPA for the most part distinguishes 7 hazard level within places of assembly based on total 8 occupant load. So there are certain demarcations at 9 three hundred and then at a thousand. The problem I 10 have with that is it treats all places of assembly 11 pretty much the same, except I won't get into the 12 specifics of building construction. 13 But a church with five hundred people that 14 probably has an occupant crowding of ten square feet 15 per person with huge double doors at the front and the 16 rear, the code treats it the same as a nightclub with 17 five hundred people with probably minimal exit 18 capacity, with lights off and music blaring. 19 So I think the code has to start changing the way 20 it characterizes places of occupancy not only in total 21 occupant load based on the assumption that as the 22 number goes up the hazard goes up, but also based on 23 the overcrowding factor. Because all these tragedies, LEAVITT REPORTING, INC. 31 1 whether it be the Coconut Grove or Chicago or the one 2 down in Warwick, all these tragedies took place in 3 places of assembly where people were crowded at 4 probably more than seven square feet per person. Not 5 fifteen or ten like you might have at a VFW or a 6 church. 7 So I think the NFPA has to add that criteria when 8 determining what hazard level to classify places of 9 assembly. And, again, I have some specific 10 recommendations I won't go into here.

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