« Ind. Law - "Law lets Hoosiers protect reports via e-mail, phone" | Main | Ind. Law - "Convicted killer turns to law upon his release from prison" »

Thursday, January 01, 2009

Ind. Law - Bloomington bars upset with reduced seating limits

An AP story that appeared on a number of newscasts earlier this week reported that:

After Bloomington's City Council increased penalties for fire code violations last June, some bar owners asked the city to verify their maximum occupancy figures in an effort to avoid costly fines.

But asking for that verification may end up costing them money.

Bar owners said revised occupancy limits drastically reduce the amount of people who can be inside their bars at any one time. Bluebird nightclub owner Dave Kubiak said capacity at his downtown club was reduced from 443 to 288, even though the venue added several hundred square feet since the previous figure was established. * * *

It's unclear why the latest capacity limits from the fire department vary from limits that the clubs -- many near the Indiana University campus -- had been operating under for decades.

Bloomington Fire Chief Roger Kerr said the department consulted with the Indiana State Building Commission and the state fire marshal's office in reviewing occupancy limits at the bars. State law allows established bars to be governed by historic occupancy guidelines instead of current rules, fire officials said.

A story dated Dec. 31st from the Bedford Times-Mail, reported by Mercedes Rodriguez, is headed "Bar owners get reprieve." Some quotes:
BLOOMINGTON — Changes to maximum occupancy limits for five Bloomington night spots were stopped after a meeting with state fire officials in Indianapolis.

Bloomington Fire Chief Roger Kerr; a consultant representing the owners of the Crazy Horse, the Alley Bar, the Upstairs Pub, Jake’s and the Bluebird; city of Bloomington legal counsel and others met as part of an appeals process begun by the bar owners. Earlier this year, the maximum occupancy levels had been reduced by fire officials for those businesses.

The stay is “temporary in nature,” said city attorney Patty Mulvihill. The appeal will not be final until a judge rules on the matter, she said.

The two sides are at odds over the interpretation of state rules that set occupancy limits for public buildings.

John Erickson, spokesperson for the Indiana Department of Homeland Security — the agency under which the fire marshal serves — said state fire inspectors will visit the Bloomington bars. They’ll meet with local officials and determine the use of each space (i.e. dance floors, dining areas) and take measurements of the inside of each business. From there, they will determine occupancy loads.

Erickson said there are different maximum occupancy formulas according to the size and type of space. In addition, different rules apply depending upon when the building was built, he said.

The bar owners did not attend the meeting, according to Bluebird owner Dave Kubiak. They were represented by consultant Melissa Tupper of RTM Consultants of Indianapolis, a firm that specializes in building code and fire code issues.

“Ultimately, we’re just looking for an accurate occupant load that’s consistent with places throughout the state of Indiana,” said Kubiak.

Previously, the Bluebird’s occupancy limit had been reduced from 443 to 288. The Alley’s limit was changed from 28 to 15.

And recall this ILB entry from August 7th, headed "Ind. Law - Indiana building codes, part of the Indiana Administrative Code, are copyrighted and not available online."

Posted by Marcia Oddi on January 1, 2009 12:01 PM
Posted to Indiana Law