THE CODE CONNECTION

Massachusetts has passed the most significant law for fire safety in recent history.  In the wake of nightclub tragedies and theater fires that have horrified us for more than a century, Governor Mitt Romney signed into law a bill that requires sprinklers in all nightclubs, dance halls and bars, new or old, that have an occupancy of 100 or more people within three years. 

For many years, model code organizations like the ICC have pushed hard for sprinkler requirements with good success.  The shortfall has always been with existing buildings which were approved under older less aggressive codes.  With a stroke of a pen Massachusetts may be setting the pace for change in other states.  This is a courageous act that only state legislatures can accomplish because of the economic impact.  These are the highlights of the law:

• Mandates sprinklers in nightclubs with an occupancy of 100 persons or more within three years.
• Creates 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 a year, automatic sprinklers must be installed within 90 days or the business will be shut down;
• 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;
• 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 2½ years. Repeat offenders can be fined up to $25,000 and/or imprisoned for up to five years;
• 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.