State fire marshal says Rochester students in danger

Jun 19, 2010 — Foster's Daily Democrat

Joey Cresta

Jun. 19, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- ROCHESTER -- The mayor has released a memo from his conference call with the state fire marshal saying the fire marshal believes the children at two neighborhood schools are in "imminent danger" without new fire escapes.

Mayor T.J. Jean released the findings of a 51-minute conference call he, City Manager John Scruton, Fire Chief Norm Sanborn, city Fire Marshal Mark Dupuis and Code Enforcement Director Tom Abbott had with State Fire Marshal J. William Degnan on Thursday in a memo to the City Council. That document was made available to Foster's Friday, and it illuminates what drove the fire marshal's mandates.

In January, the state informed the School District that forms of egress at the Nancy Loud and Maple Street schools are inadequate. According to city officials, a problem arises when younger and older students both occupy space on the second floor of the buildings. Both schools have cafeteria space on the second floors.

In order to get the buildings up to code, the School Board proposed bonding a $489,000 construction project for additional fire escapes for younger students. Once the bids came in the cost fell to $360,000, but the proposal still did not net the required two-thirds majority of the City Council on Tuesday night.

Jean said in the memo that they discussed at length the codes and statutes related to this issue. He said Degnan informed him the recent safety audits were conducted at the request of the N.H. Board of Education. The codes used in the audit originate from as early as 1946 and 1981, and no new regulations in recent years have placed the city in its current situation, Jean said.

Jean said the nightclub fire at Cocoanut Grove in Boston in 1942 and the Chicago Our Lady of the Angels School fire in 1958 were driving factors for these current regulations.

The fire marshal's findings on the two neighborhood schools require compliance before the start of the next school year, Jean said. Degnan told the mayor that after the inspection, the children are considered to be in "imminent danger" and he is therefore required to enforce compliance. This could include closing the schools until the district complies, Jean said.

Some city officials have proposed alternative solutions to building the new fire escapes. The fire marshal provided what Jean called "a significant piece of information" about those alternatives. Merely changing the location of the children within the school or the location in which they receive lunch would be seen as temporary, Jean said.

Degnan declined to give a specific time frame, but confirmed any relocation of students within the school would not be considered a permanent solution. Degnan also made clear he would not consider an extension, Jean said.

The conference call gave Jean the opportunity to express the frustrations of several city officials about the short time frame the city has to comply with Degnan's mandate. One factor forcing the city to act fast is a pending moratorium on state building aid, which would reimburse 60 percent of the project's cost. Degnan mentioned a proposed bill allowing municipalities to apply for moratorium exceptions on building aid for projects addressing life safety issues.

"The fact remains this is merely a proposed piece of legislation and realizing the benefit of this provision is less certain than acting prior to (the moratorium date of) July 1, 2010," Jean said.

Based on the conversation, Jean said he recommends supporting the funding for fire escapes at both schools.

"In conclusion, there is very little latitude being shown by the state fire marshal," Jean said. "I cannot in good conscience justify the financial implications of not acting prior to the moratorium on state building aid."

There are currently two options for funding the fire escapes. The School Board is expected to vote Monday on whether to use unexpended revenue and budget funds to pay for the project in cash. City Councilor Chuck Grassie proposed using the city fund balance to pay for the project. Both options ultimately dip into city fund balance because unexpended school budget funds and revenue would otherwise go into fund balance, Scruton said Friday.

Scruton said the latest information about moving students being considered a "temporary solution" creates greater urgency for officials to make a decision soon. He said the alternative to building fire escapes is to build a new school.

Newstex ID: KRTB-1268-46233438