Nightclub Safety Guidelines

The City of Miami Beach Fire Prevention Division enforces the Florida Fire Prevention Code -7th Edition as adopted by the State of Florida.  The Florida Fire Prevention Code consists of NFPA 1 and NFPA 101, The Life Safety Code, and numerous other NFPA codes and standards.

The nightclub owner is responsible for complying with all the requirements as stated in the Florida Fire Prevention Code.  Many of the deadly fires in recent history resulted due to one or several violations to fire code requirements.  Please see list of fires below.

United States:

Rhythm Dance Hall, Nathez, MS	April 23, 1940	207 dead
Cocoanut Nightclub, Boston, MA	November 28, 1942	494 dead
Beverly Hills Supper Club, KY	May 28, 1977	165 dead
Happy Land Social Club, Bronx, NY	March 25, 1990	87 dead
The Station Nightclub, Warwick, RI	February 20, 2003	100 dead

Other countries:

Club Cinq, France	November 20, 1971	143 dead
Alcaha 20 Disco, Spain	December 17, 1983	81 dead
Weierkang Club, Taiwan	February 15, 1995	64 dead
Ozone Disco Club, Phillipines	March 18, 1996	160 dead
Disco Dance Hall, Sweden	October 28, 1998	63 dead
Disco Dance Hall, China	December 25, 2000	309 dead
Cromagnon Club, Argentina	December 30, 2004	194 dead
Santika Pub, Thailand	January 1, 2009	66 dead
Lame Horse Nightclub, Russia	December 4, 2009	154 dead

In addition, there were 21 deaths when patrons rushed to one exit after a fight broke out inside the E2 nightclub in Chicago on February 17, 2003.  The club was overcrowded and had several code violations.

The nightclub owners and managers are responsible for fire safety in the establishment.  In the Station fire above, the band manager pled guilty to 100 counts of involuntary manslaughter under a plea bargain with prosecutors facing up to 10 years in prison.  Superior Court Judge sentenced him to 15 years in prison, with four to serve and 11 years suspended, plus three years probation, for his role in setting off the fire.  The nightclub owners changed their pleas from “not guilty” to “no contest”.  One of the owners was sentenced to 15 years in prison, with four to serve and 11 years suspended, plus three years probation.  The second nightclub owner received a 10-year suspended sentence, three years probation, and 500 hours of community service.

As of August 2008, nearly $175 million has been offered to the families of the victims of the fire by various defendants in settlement.

An assembly occupancy is generally defined as an occupancy used for a gathering of 50 or more persons for deliberation, entertainment, eating, drinking, amusement or similar uses.  Assembly occupancies might include the following: auditoriums, theatres, assembly halls, nightclubs, dance halls, drinking establishments, and exhibition halls among others.

Fire in assembly occupancies have shown to be some of the most deadly when the proper features, systems, and construction materials were not present.  Nightclubs, theaters and auditoriums differ from office buildings, for example, because they contain a large number of people in one main space.  NFPA code provisions mandate that a considerable number of safety systems and features be present in order to keep everyone safe should a fire occur.  The level of safety is achieved through the combination of multiple safeguards that are provided.

The NFPA 101, The Life Safety Code, is the primary source for the requirements for nightclub and bar lounges.  Committee of experts have developed many of these requirements in response to investigations and analysis of actual incidents.  The code book is divided into two chapters, Chapter 13 addresses requirements for existing assembly occupancies and Chapter 12 addresses requirements for new assembly occupancies (new is defined as newly constructed or renovated as of January 1, 2009).  If a nightclub is issued a certificate of occupancy as of January 1, 2009 and complied with the new chapter, the owner cannot change or lessen the requirements down to the requirements in Chapter 13.

The FFPC requirements are too many to list in this pamphlet.  However, the major items in Chapter 13 – Existing assembly occupancies are listed below.

• Occupant load.  The occupant load is the number of persons for whom means of egress and other provisions are required.  This number cannot be exceeded for any reason.  See Part IV for more details.
• Means of egress.   The means of egress consists of the path leading to the exit, the exit door or exit stair, and the path from the exit leading to the public street.  All means of egress components shall be in accordance with NFPA 101 Chapter 13 and Chapter 7.   The means of egress components include doors, stairs, handrails, guardrails, etc.    The main entrance capacity must be able to accommodate one-half of the total occupant load for existing and two-thirds for new nightclubs.

• Number of exits.  Existing nightclubs must have at least two separate exits when occupant load is 600 or fewer.  More exits are required if the egress capacity is not met with two exits.  At least three separate exits are required when occupant load is more than 600 but fewer than 1000 people.

• Arrangement of exits.  The main entrance/exit shall be of sufficient clear width to be able to accommodate one-half of the total occupant load.  In new nightclubs, the main entrance shall accommodate two-thirds of the total occupant load.  The common path of travel and dead-end corridors are limited to certain distances.  Means of egress is not permitted through kitchens, storerooms, restrooms, closets, stages, or hazardous areas. The furniture layout plans showing  means of egress must be approved by the Fire Marshal’s office.

• Travel distance.  Exits must be located so that the travel distance from any point in the nightclub to the nearest exit cannot be more than 200 feet.

• Discharge from exits.  The path leading from the exit door to the public way (street, public alley) shall be clear and unobstructed at all times.

• Normal illumination.  The means of egress must have continuous illumination at all times that the nightclub is occupied.  The minimum illumination for floors and walking surfaces shall be at least 1 ft-candle (new stairs require 10 ft-candle).

• Emergency lighting.  Emergency lighting shall be provided for at least 90 minutes in the event of failure of normal lighting.  The emergency lighting system shall be arranged to provide the required illumination automatically due to failure of public utility, opening of circuit breaker or fuse, or manual acts.

• Exit Signs.  All exit doors must have clearly visible, illuminated exit sign over the door or to the side of the door as indicated in the Code.  Directional signs may be required to direct occupants to the nearest exit.

• Protection of Vertical openings.  All vertical openings must be enclosed or protected as indicated in the Code to prevent fire spread to other levels.

• Protection of Hazard.  Service equipment (boilers, large transformers, etc.), hazardous operations, storage rooms may require separation of at least fire resistance rating of 1 hour and/or  sprinkler protection.

• Interior finish.  Interior wall and ceiling finish materials shall be Class A or Class B in general assembly areas. Any changes to the interior finish must be approved by the Fire Marshal’s Office.  Please see Part V of this series.

• Fire Alarm System.  See Part II of this series.

• Sprinkler System. See Part II of this series.

• Operating features.  Several operating features are regulated by the Florida Fire Prevention Code, such as ignition sources, combustible materials, emergency plan, employee traning, etc.  For example, fire caused by so-called “controlled” fire are well documented; therefore, control of ignition sources is also of crucial importance such as pyrotechnics, open flame, and cooking.  Please see attached fire prevention standard prohibiting the use of pyrotechnics and open flame in nightclubs or similar venues.

Among all structure fires, nightclub fires in the US are proportionately few in number. However, maximum or over-capacity crowds at popular nightclubs create the potential for high numbers of casualties in the event of a fire or other incident.

A common safety violation at nightclubs is locked, blocked or impeded exits.  Management must make this a priority to ensure that the nightclub does not have this problem by inspecting all exit components prior to and routinely during operation.

The most common causes of fire at nightclubs and bars are incendiary, electrical, cooking, and smoking. Incendiary fires at nightclubs are nearly twice as frequent as those in all structures. (source U.S. Fire Administration/Nightclub Fire in 2000 )

The highest deaths and casualties are often caused by lack of sufficient exits.  Even if sufficient number of exits is provided, human nature is that most patrons will attempt to leave out of the same door in which they entered, rather than looking for other exits.  Therefore, the majority of the crowd may rush to the front entrance.  Sometimes the patrons become packed so tightly near the front door that the firefighters cannot enter.  In The Station nightclub, several people fell in a pile in the main doorway, trapping everyone behind them inside.

The fire protection systems normally installed in nightclubs and bar lounges are sprinkler systems, fire alarm systems, and fire suppression systems.  Each of these systems are designed based on NFPA codes and standards and must be maintained properly in order for the systems to function as designed.

In the State of Florida, all fire protection systems must be installed, inspected, and serviced by licensed contractors.  The nightclub owner must hire only State licensed contractors for inspection and service as required by the Florida Fire Prevention Code.

REPORTS

•  Annual Life Safety Sytems Inspection/Test Report

Sprinkler Systems

Existing nightclubs or establishments of similar usage are required to have an automatic sprinkler system where the occupant load exceeds 300 people.  New nightclubs or similar usage (built or renovated since 1/1/2009) are required to have an automatic sprinkler system where the occupant load exceeds 100 people.

The sprinkler system must be inspected and tested by a licensed contractor as indicated in NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.  The contractor must follow guidelines in SFM Rule 69A-46, Fire Protection System Contractors and Systems.

The contractor is licensed as a Fire Protection Contractor I or II issued by the State Fire Marshal's Office.  Please check the SFM website for contractors with the proper license. http://www.myfloridacfo.com/Division/SFM

All deficiencies must be corrected as soon as possible. If the system is not operational, the contractor must notify the building owner, occupant, and Fire Marshal's office within 24 hours of the inspection date.

FIRE PREVENTION DIVISION STANDARDS

• Backflow Preventers Testing

Fire Alarm Systems

A fire alarm system is required for nightclubs or similar usage where the occupant load exceeds 300 people.

The fire alarm system must be inspected and tested by a licensed contractor as indicated in NFPA 72, National Fire Alarm Code.  The contractor must follow guidelines in SFM Rule 69A-48, Fire Safety Standards for Fire Alarm Systems.

The fire alarm contractors are licensed as EC or EF contractors issued by the Department of Business and Professional Regulation (DBPR).  Please check the DBPR website for contractors with the proper license. www.myfloridacfo.com/Division/SFM

All deficiencies must be corrected as soon as possible. If the system is not operational, the contractor must notify the building owner, occupant, and Fire Marshal's office within 24 hours of the inspection date.

Please attached Fire Prevention Standard on fire alarm systems for additional information.

FIRE PREVENTION DIVISION STANDARDS

• FireAlarm Systems Central Station
• Fire Alarm Upgrades

Fire Suppression Systems

The fire suppression system would be installed in the kitchen, if the nightclub provides food for normal operation.  Each commercial cooking appliance must be protected with an automatic extinguishing system.  The system is designed to discharge suppression agent through nozzles strategically placed over the particular cooking appliances.  It is important that cooking appliances are not moved or relocated without the prior evaluation from the licensed contractor, and may also require a new fire permit.

This type of suppression system must be inspected every six (6) months in accordance with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations.  The contractor must follow guidelines in SFM Rule 69A-21, Fire Extinguishers and Pre-Engineered Systems.

The contractor is licensed as a Fire Equipment Class D issued by the State Fire Marshal's Office.  Please check the SFM website for contractors with the proper license.  www.myfloridacfo.com/Division/SFM

Fire Extinguishers

Fire extinguishers are required by code and must be maintained and service by a licensed dealer.  The contractor must be licensed as Fire Equipment Class A, B, or C issued by the State Fire Marshal's Office.  Please check the SFM website for properly licensed companies.  http://www.myfloridacfo.com/Division/SFM

FIRE PREVENTION DIVISION STANDARDS

Portable Fire Extinguishers

Each commercial building must have a Certificate of Occupancy (CO) issued by the Building Official specifying the occupancy classification for that building or space. In the City of Miami Beach, each place of business must also have a Certificate of Use (CU) and an occupational license – now called Business Tax Receipt (BTR). The CUs and BTRs designate the kind of business permitted to operate in the building or space, which must be congruent with the classification of occupancy (CO).

A nightclub or bar lounge must have all three documents in order to operate in Miami Beach along with all other appropriate State and County documents. The nightclub owner is responsible for obtaining the certificates/license and renewing these documents accordingly. If a new nightclub is opening in a space where another nightclub was previously operating, then the owner must still make sure that the space is legally approved by the Building and Fire Departments for the nightclub. We have already experienced situations where the new owner assumed that he could open since there was an existing nightclub, and later discovered that the space never had a CO for assembly occupancy.

The nightclub owner must obtain building and fire permits for any renovation work in the building or space. Even if the work seems to be minor in value, it may require a building permit. For example, building a new bar or relocating the bar to another location would require a building permit. Any renovation work done may affect the furniture layout and occupant load calculations. The owner must hire licensed contractors to do any work in the building or space. By obtaining a building permit, the contractor will have to show that he has the correct license and insurance requirements. In addition, a building permit will require that City inspectors are called to conduct inspections throughout the project.

The occupant load is the total number of persons that might occupy a building or portion thereof at any one time. This is the worst case scenario or the maximum probable number of occupants at any given time. The occupant load is the number of persons for whom means of egress and other provisions are required and shall be determined on the basis of the occupant load factor in NFPA 101, Table 7.3.1.2.

During normal operations, occupancy of certain areas may not occur or are modified based on furniture layout. The occupant content is also calculated based on Table 7.3.1.2 but it takes into account the normal use and furniture layout in order to calculate the maximum number of occupants. The occupant content is the actual number of total occupants permitted to occupy a floor area in accordance with the maximum capacity of the exits serving that space and calculated area. The occupant content may be the same as the occupant load or may be a lower number depending on furniture layout and exit capacity.

The occupant load number is reviewed during building plan review and adequate code provisions determined based on that number. The occupant content number is calculated during the occupant content permit phase after the owner has installed all furniture. The occupant content sign is approved by the Fire Marshal and must be posted in a conspicuous place.

Overcrowding conditions exist when the maximum number indicated on the occupant content sign is exceeded. The fire inspectors routinely check for overcrowding conditions during operating hours. If there is an overcrowding, a citation carrying a $200 or $500 fine will be issued to the owner. This fine will be increased substantially this year to discourage this practice. In addition, the Fire Marshal’s office will begin suspending the business license/certificate of use for repeat violators.

Any changes to the furniture layout or square footage available must be approved by the Fire Marshal’s office. The owner can apply for new occupant content permit in the Building Dept.

It is imperative that the personnel stationed at all doors monitor closely the number of people inside the club at all times. There must be someone counting people going in and people going out to determine the number of occupants inside. The employees and performers must also be added to the count prior to opening.

The personnel shall never allow the maximum number to be exceeded. If the club has reached maximum capacity, then the patrons should not be allowed to enter. The personnel shall hold the doors until enough people have exited the club.

In the event that the maximum number has been exceeded for whatever reason, then management must take immediate action to correct the situation.

Several of the fires listed in Part I were a result of unapproved interior finish inside the nightclub. The Florida Fire Prevention Code has specific requirements for interior finish (wall, ceiling, and floor) in assembly occupancies. Existing nightclubs or bar lounges must comply with interior finish requirements as stated in NFPA 101, Chapter 13. New nightclubs constructed or renovated as of January 1, 2009, have to comply with the interior finish requirements in Chapter 12.

Interior finish is the exposed surfaces of walls, ceilings, and floors within buildings. Fire testing of materials is conducted for the purpose of evaluating flame spread and smoke development characteristics. Interior finish must comply with NFPA 101 and must be classified as Class A, B, or C depending on the location in the nightclub. The classification of the interior finish shall be that of the basic material used by itself or in combination with other materials when installed in combination.

Furnishings, Decorations, and Scenery are also regulated to ensure limited flame spread in an assembly occupancy. Fabrics and films used for decorative purposes, all draperies and curtains, and similar furnishings shall be in accordance with NFPA 101.

In some cases, the required flame spread or smoke development classification of existing surfaces of wall, partitions, columns and ceilings may be achieved by applying approved fire-retardant coatings. Such treatment must be applied by an approved third party company and the product used shall be tested, listed and labeled for application to the material to which they are applied. In other words, the treatment product must be approved for the specific material being treated; that is, not all materials can be treated. Fire-retardant coatings shall possess the desired degree of permanency and shall be maintained so as to retain the effectiveness of the treatment under the service conditions encountered in actual use.

It is the owner’s responsibility to maintain the interior finish as approved. Some changes to the interior finish may require a building permit depending on the extent of the work. However, any change, regardless of how minor, to the interior finish materials does require approval by the Fire Marshal’s office. This includes seasonal decorations for Halloween, Christmas, New Year’s Eve, etc.

Controls based on flame spread characteristics; evaluation of existing interior finish is sometimes difficult. Where flame spread characteristics cannot be readily determined, the questionable material should be removed or treated with approved flame retardants. Where treatment cannot reduce flame spread to the required limits, material should be removed.

The purpose of interior finish requirements is to slow the flame spread across these surfaces and minimize smoke generation in order to allow additional time for occupants to relocate or evacuate the building.

FIRE PREVENTION DIVISION STANDARDS

Interior Finishes

As required in NFPA 101, Section 13.7.1, the owner shall inspect the means of egress to ensure it is maintained free of obstruction, and correct any deficiencies found, prior to each opening of the building to the public.   The owner shall prepare and maintain records of the date and time of each inspection on approved forms, listing any deficiencies found and actions taken to correct them.

The owner shall implement an inspection program that includes daily and weekly inspections.  The attached forms will guide the owner or management on the items to inspect.

The daily inspection can be assigned to different supervisory employees instead of the same person to provide a “fresh” look each day.  The manager on duty must still conduct his/her inspection to ensure that the exit doors are unlocked and unobstructed.

The weekly inspection can be assigned to management staff to ensure that someone with authority is checking the major items as well as providing a quality check on the daily inspectors.

The fire department conducts several inspections throughout the year.  A fire inspector responds to any complaints generated by the public to ensure that fire code hazards are eliminated.  A fire inspector also conducts annual inspections and checks that fire code requirements are met.  Before a new nightclub opens for business, a fire inspector must conduct a CU inspection.  Finally, the fire inspectors conduct night inspections during operating hours during weekends and holidays.

A fire inspector will conduct an annual inspection of the nightclub and write a notice of violation upon identifying any code violations.  The owner must be present during the inspection or designate staff members to be present.  The violations identified must be corrected as soon as possible and within the time frame specified by the fire inspector.  If the violations are not resolved, then the fire inspector will take the case to the Special Master proceedings.  The Special Master may then impose fines in order to encourage compliance as soon as possible.

FIRE PREVENTION DIVISION STANDARDS

• Concealed Life Safety Equipment
• Storage Over Doors
• Locking Devices

FIRE PREVENTION INSPECTION REPORTS

• Annual Self-Closing Hardware and Latch Inspection Report
• Annual Exit door Locks Inspection/test Report
• Annual Emergency Lighting Inspection/Test Report

INSPECTION CHECKLIST

• Annual Inspection Checklist
• Weekly Inspection Checklist
• Daily Inspection Checklist

New employees should receive orientation training before starting a regular shift, and current employees should receive refresher training on several topics – fire safety, nightclub fire history, evacuation plan, crowd management, and fire extinguisher use.

Fire Safety.  The employees should be trained in identifying fire hazards during the course of performing their duties.  Any possible ignition sources (frayed wiring, extensive use of extension cords, smoking, cooking, etc) should be eliminated.  Excessive combustible loading (trash, boxes, etc.) should be removed and discarded properly.

Nightclub fire history.  The employees should be aware of the fire experience (see Part I) in assembly occupancies, particularly nightclubs.

Evacuation plan.  There should be a diagram of the facility identifying all the exits and fire protection equipment.  Each employee should be assigned specific duties during an emergency.  The assigned evacuation task should be practical based on the normal duties of his/her job.  Certain employees can be responsible for opening the exit door near their workstation and be able to maintain the door open to facilitate occupants to exit.  Other assignments can be making announcements, directing occupants to the exits, etc.  The employees shall be trained and drilled in the duties they are to perform in case of a fire, panic, or other emergencies to effect orderly exiting.

Crowd managers.  Each nightclub shall have at least one trained crowd manager at all times of operation.  Where the occupant load exceeds 250, additional crowd managers shall be provided at a ratio of 1 manager for every 250 occupants.

Fire extinguisher.  The employees shall be trained in the use of fire extinguishers.  The employees shall activate the fire alarm (if not already sounding), contact 911 and help evacuate the occupants first.  However, a well-trained individual can use a fire extinguisher for small fires effectively.

TRAINING SERVICES:

• • Fire safety Programs and Services
  • Crowd Management Training

The nightclub owners shall establish enforcement guidelines to ensure that employees are following all safety procedures.

The first step is to develop a written safety plan in order to provide the information to employees.  The plan should be specific as to the safety rules that every employee must follow.

The second step is to develop enforcement or disciplinary action to ensure that employees follow the safety plan.  There must be a serious, but fair, consequence when employees violate any of the safety rules and procedures.  The safety plan will not be effective if the employees do not follow it.

The fire department is responsible for enforcing the Florida Fire Prevention Code.  The fire inspector will issue notice of violations (NOV).  The owner must take these notices seriously and correct any deficiencies as soon as possible.  If the owner does not comply, the fire inspector will forward the case to the Special Master for further action.  The SM can impose fines up to $1,000 a day for non-compliance.

In addition, the fire inspector can issue citations for overcrowding conditions, locked, blocked or impeded exits as described in the City Code.

The owner is responsible for communicating safety procedures to promoters and performers.  These rules must be stated in the contract.

Promoters should be aware of the crowds that the particular performer will attract and thoughtfully evaluate the capacity that the nightclub can handle.  They should make adjustments in order to prevent overcrowding conditions (i.e., limit ticket sales, cover charge, advertisements, etc.)

Please see attached prohibition of pyrotechnics and open flame in nightclubs.  All performers must adhere to these guidelines.

Management shall not continue to do business with a promoter or performer who violates the fire safety rules.

FIRE PREVENTION DIVISION STANDARDS

• Pyrotechnics in Assembly Occupancies

The requirements stated in the Florida Fire Prevention Code are minimum requirements for an acceptable level of safety.  The code requirements are different for new and existing buildings to avoid hardship on existing buildings owners by imposing new requirements.  However, more stringent requirements are developed based on fire experience and actual results.  There is no prohibition for an owner to implement requirements beyond the minimum requirements.  The following is a list of recommendations that can enhance the level of safety in your establishment.

Sprinkler Systems 

Install an automatic sprinkler system even if not required by code.  Currently, the Florida Fire Prevention Code mandates sprinkler system for existing nightclubs having an occupant load over 300 people, and for new nightclubs having an occupant load over 100 people.  An existing nightclub with 300 occupant load or less can benefit greatly from the installation of a sprinkler system.  However, the national standard as stated in the NFPA 101 is to require a sprinkler system for all nightclubs with an occupant load of 100 persons or more.

Sprinkler systems save lives, reduce property damages, and reduce business interruption.  Unfortunately, people believe the myths about sprinkler systems rather than obtaining the correct information.

Myth 1: The water damage from sprinkler is worse than a fire

The truth is, a sprinkler will control a fire with a tiny fraction of the water used by fire department hoses, primarily because it acts so much earlier.  Automatic systems spray water only in the immediate area of the fire and can keep the fire from spreading, thus avoiding widespread water damage.

Myth 2: Sprinklers go off accidentally, causing unnecessary water damage

Accidental water damage caused by automatic sprinkler systems is relatively rare.  One study concluded that sprinkler accidents are generally less likely and less severe than mishaps involving standard home plumbing systems.  Most documented incidents have been a result of poor maintenance or careless physical damage to the system.

Fire alarm systems 

Install fire alarm system even if not required by code.  Currently, the Florida Fire Prevention Code mandates a fire alarm system for existing nightclubs or bar lounges with an occupant load more than 300 persons.  An existing nightclub with 300 occupant load or less can benefit greatly from the installation of an alarm system. 

Upgrade fire alarm to connect music shut down and lighting systems.  In the past, the sound system was not connected to the fire alarm system to “shut down” upon an alarm activation.  If the sound system does not shut down, then the occupants may not hear the fire alarm activation.  In addition, lighting should switch to full illumination levels upon activation of the alarm.

Communication

Implement good communication system for employees during hours of operation.  A radio or phone system with the use of earphones can improve communication between management and employees in the event of an emergency.  Install emergency phones (dialing 911 only) in remote areas depending on size of club so employees are able to contact the fire department immediately.