Ed Eaker, co-owner of Mission Fire Sprinkler LLC, takes measurements while installing a sprinkler system in the Strauss Building which is being renovated to be a restaurant in downtown Chattanooga.Chattanooga Fire Marshal James Whitmire and the City Council agreed Tuesday to defer action on enacting the most restrictive fire code in city history, after confusion reigned during a meeting to discuss the measure.
The rule, which would have required existing sports bars, restaurants with live entertainment, dance halls, discotheques, nightclubs and "assembly occupancies with festival seating" to install sprinkler systems, came under fire from all corners.
Club owners, code officials and residents gathered to listen to, and often participate in, the debate.
Council members repeatedly expressed confusion as to whether the law in question had been passed previously. In addition, they could not get a clear answer on the city's liability and it was not apparent if the measure was required by federal or state law.
With specific answers on the legal ramifications of any council action elusive, head building inspector Gary Hilbert called a halt to the debate.
Hilbert said Whitmire would work with City Attorney Mike McMahan on drafting a more complete proposal over the next month.
Michael Alfano, owner of the Comedy Catch, said he was concerned about the perception that National Fire Protection Agency proposals carried the weight of law.
"All it is is an NFPA suggestion," he claimed. "On the date that it's enforced, I'd have to close as an entertainment venue."
Alfano said he would have to pay $137,000, or $10 per square foot, to install sprinklers on his property, in addition to a yearly payment to Tennessee American Water of $1,000.
Council members expressed interest in a proposed grandfather provision that could extend a moratorium on the enforcement of the new code to three years from the currently proposed two, but would carry a penalty if business owners broke other fire codes in the meantime.
Under the proposal, a violation of any part of the code could trigger an automatic requirement to abide by the new sprinkler rules within 180 days or face closure.
Contact staff writer Ellis Smith at 423-757-6315 or esmith@timesfreepress.com.