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Band Lawyer Says Nightclub Wanted Pyrotechnics
new york times ^ | 2/28/03 | PAUL von ZIELBAUER

Posted on 02/28/2003 9:27:33 AM PST by freepatriot32

WEST WARWICK, R.I., Feb. 27 - A day after the tour manager for the band whose pyrotechnics ignited the fire that killed 96 people at a nightclub here testified before a grand jury, his lawyer said today that the manager had confirmed a week before the performance that the club ``wanted pyrotechnics.''

His comments came as Gov. Donald L. Carcieri reported that the death toll in the Feb. 20 fire was lowered by 1 to 96 after the state medical examiner completed examining all the remains. All the victims have been identified, the governor said.

Thomas G. Briody of Providence, the lawyer for the tour manager, Dan Biechele, also said today: ``Dan always sought permission from promoters or club representatives before pyrotechnics were used. When permission was denied, pyrotechnics were not used.''

Mr. Biechele, who has worked with Great White, the band that was performing at the Station nightclub, and other 1980's metal bands, appeared Wednesday before a grand jury in East Greenwich that is investigating the fire.

Last week a concert promoter in Florida said that Mr. Biechele set off similar fireworks at a concert in St. Petersburg this month without asking permission. Tim Bryant, the promoter in St. Petersburg for Great White's concert at the Pinellas Expo Center on Feb. 7, said that he was not aware the band would use pyrotechnics and that the band's tour manager, Mr. Biechele, added the equipment without telling Expo Center officials.

``I approached him afterwards and asked why we weren't informed of it,'' Mr. Bryant said. ``He just said it was low-line pyro and they do it at all the shows, that it's no big deal. And he pretty much walked away from me.''

Mr. Bryant also said that before the Feb. 7 show, his security chief had seen Mr. Biechele behind the stage connecting wires to a black box. He said he could not say what the box was used for.

Rhode Island records show that currently, 16 people hold licenses from the state's fire marshal allowing them to legally ignite pyrotechnics. No one from Great White, including Mr. Biechele, is on that list, nor are the Station's owners or managers, those records show. State officials investigating the fire said they believed no one from either group held such a license and that Great White's pyrotechnics show was illegal.

The Station's owners have said the band never asked for permission to use pyrotechnics and never informed anyone at the club that they would be used.

A lawyer for Great White's singer, Jack Russell, has also said the band had received permission from the Station's owners, Jeffrey and Michael Derderian.

Also today, the Commerce Department's National Institute of Standards and Technology said it would investigate the fire, the number of people inside the club at the time and whether any illegal or unsafe materials caused the fire to spread as rapidly as it did.

An agency spokesman said its investigators would probably use their findings to make recommendations to fire safety groups for improvements in building codes.

About 60 people who escaped the fire remained hospitalized today, including 36 who are in critical condition.

While the type of flammability of the sound-reducing foam insulation that surrounded the stage is a major focus of the state's investigation into the fire, officials are also examining whether a recent safety inspection by West Warwick's fire inspector may have overlooked the foam, which state law requires to be fire-resistant.

On Nov. 20, Denis Larocque, the town's fire inspector who is also a Fire Department battalion chief, visited the club as part of the establishment's application for a renewal of its liquor license. He noted a few minor problems, such as a door that opened the wrong way, and an open gas can in the basement, and returned twice more before certifying the club in December.

Stephen Murray, the town's building inspector, had accompanied him on at least one visit, said Wolfgang Bauer, West Warwick's town manager.

The sound foam, commonly know as egg crating for its wavy surface, was not mentioned on the town fire inspector's November safety report, Mr. Bauer said.

`

`Whether that was up there all the time or whether it came down at some times for inspection purposes, I'm not sure,'' Mr. Bauer said today. ``Whether we missed something, I don't know.''

``Did we make a mistake in this particular case?'' he added. ``Well, we're investigating that.''

Mr. Larocque and Mr. Murray each declined to comment on the inspection today.

Gary Keith, president of regional operations for the National Fire Protection Association, a nonprofit research group, said fire-safety inspections consist of a relatively standard checklist, and that seeing insulating foam on the walls of a nightclub would raise concerns about its flame resistance.

State fire laws prohibit any ``acoustical material'' that is not flame resistant from being attached to a building's walls. When there is doubt, the law requires a ``match flame test'' of a sample quantity. Any material that burns for longer than two seconds or spreads a match flame more than 4 inches is illegal.

If the foam was installed before it was approved by inspectors, Mr. Keith said, the inspector would typically write a violation notice and give the club time to fix it or close the club if the hazard appeared immediately dangerous


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Extended News; Front Page News; News/Current Events; US: Rhode Island
KEYWORDS: 96; band; dead; fire; great; greatwhite; island; jumpingwithglee; lawyer; nightclub; nightclubfire; pyrotechnics; rhode; says; station; the; tragedy; wanted; white; wrongassumptions
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To: Jorge
Did you read the stuff about the flammable packing foam substituted for flame-retardant acoustic foam by the club owners, Jorge?

How can you blame this on the band? There are so many things that generate heat on a stage, not to mention cigarettes, lighters, and matches all over a club...it should not be a tinder box, imo.
101 posted on 02/28/2003 3:16:00 PM PST by DaughterOfAnIwoJimaVet ( "It was total manipulation. He was trying to confuse me, and it worked." - Nigel Tufnel)
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To: justshe
I like your tag too.
102 posted on 02/28/2003 3:22:23 PM PST by Jim Robinson (Save the Constitution. Dump a Democrat!)
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To: Jael
Tribute to the Victims, why not take a minute and read about each one before you say such things!


The Globe is writing profiles of the victims of the West Warwick nightclub fire. This list will continue to be updated as more names are released

http://www.boston.com/news/packages/nightclub_fire/victims/byname.htm
103 posted on 02/28/2003 3:26:10 PM PST by Japedo (Live Free or Die Trying)
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To: Jael
Aren't you just a ray of sunshine on a cloudy day!

I've heard of schadenfreude, but you're ridiculous.
104 posted on 02/28/2003 3:31:17 PM PST by headsonpikes
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To: Jael
Oops.
105 posted on 02/28/2003 3:32:42 PM PST by Amelia (SHEESH!)
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To: Jael
Did you know that when you point a finger of blame, there are THREE MORE pointing right back at YOU? But of course, you'll probably spit and sputter over THAT statement since you OBVIOUSLY believe you are perfect enough to be casting stones at those who died in the fire.

Did you know that some of those who died were reported as being Christians??? I find it amazing that you have seen fit to sully The Blood that saved them, and that it wasn't good enough in your eyes.

106 posted on 02/28/2003 3:34:05 PM PST by mommadooo3
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To: Jael
"Even after being informed by JR that I am not a retread poster."

http://www.freerepublic.com/focus/news/853916/posts?page=92#92

"Actually, I've found that you are a retread. Just not the one they think you are. " Signed by Jim Robinson

What else need be said?
107 posted on 02/28/2003 3:43:12 PM PST by cyncooper (God Be With President Bush)
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To: Jael
Not to excuse it at all, but I wonder if being under the influence of drugs or alcohol had any impact on what happened?

Everybody was there to have a good time - to some people, you can't have a good time without drugs or alcohol. Be that as it may, somewhat like the tragic soccer stadium fire in England a few years back, people having a good time even clear-minded are rendered incapable of recognizing impending doom ("it's all part of the show - how can this be happening?"). I don't think the effects of drugs and/or alcohol had any bearing on the decision-making with regards to the performers but certainly must have had something to do with so many people attempting to flee too late.

I've read many stories about this horror today, but the saddest by far, is to simply read the names, ages and homes of the victims. So terribly terribly sad, even moreso because so easily preventable.

108 posted on 02/28/2003 3:44:24 PM PST by onehipdad
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To: mommadooo3
I'm not blaming anyone. I'd like to see the truth come out though regarding the band/club owners.
109 posted on 02/28/2003 3:46:57 PM PST by Jael
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To: stainlessbanner
I heard him request help from the federal government on TV the other day. He feels that since RI is a small state they need federal assistance. I have no problem with the feds sending medical examiners to hasten the identification of the dead, but any other financial aid is NOT warranted in my opinion.
110 posted on 02/28/2003 3:56:39 PM PST by OldFriend
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To: Jael
To: Jael Actually, I've found that you are a retread. Just not the one they think you are. If I were you, I'd change my posting habits. In fact, you might want to become invisible. Definitely do not stir up any trouble. Probabtionary retreads do not get many warnings, if any at all. 92 posted on 02/28/2003 3:07 PM PST by Jim Robinson (Save the Constitution. Dump a Democrat!) [ Post Reply | Private Reply | To 85 | View Replies | Report Abuse ]

LMFAO! Pathetic. Have you picked out your next screen name yet?

111 posted on 02/28/2003 3:57:15 PM PST by Bella_Bru (For all your tagline needs. Don't delay! Orders shipped overnight.)
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To: DaughterOfAnIwoJimaVet
Did you read the stuff about the flammable packing foam substituted for flame-retardant acoustic foam by the club owners, Jorge?

And how likely is it that the adhestive used to glue glitter to the foam was even more inflammable than the foam?

112 posted on 02/28/2003 4:04:26 PM PST by supercat (TAG--you're it!)
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To: DaughterOfAnIwoJimaVet
Did you read the stuff about the flammable packing foam substituted for flame-retardant acoustic foam by the club owners, Jorge?

Being guilty of using acoustic foam that is not certified to meet state codes is one thing. The owners of buildings are cited for violations like this all the time.
They are ordered to correct the violation, NOT thrown in jail for attempted murder.

Now if the club owners were cited for this violation, were aware that it was a hazzard and refused to correct it, the state should have shut them down.

In any case this would make them partially responsible for the tragedy, but the primary responsibility would that of those who actually set the fire.

How can you blame this on the band?

They set the fire.

There are so many things that generate heat on a stage, not to mention cigarettes, lighters, and matches all over a club...it should not be a tinder box, imo.

If somebody deliberately used their cigarettes, lighters or matches in an irresponsible manner, and what they did started a fire that burned down a building and killed people, they would be responsible.

If the building was a tinder box, the owner would share some secondary responsibility, but the primary responsibility would be on whoever actually set the fire.

113 posted on 02/28/2003 4:34:29 PM PST by Jorge
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To: Jael
Web sites like that make Christians look like heartless hatefilled Pharisees.

Unfortunately some people seem to think the the Bible is God's gift for them to condemn others.
To claim such a horrible tragedy proves God kills those whose sins are on the top of your hit list is beyond cold hearted.
That web site is hideous.

114 posted on 02/28/2003 4:46:16 PM PST by Jorge
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To: Jorge
If somebody deliberately used their cigarettes, lighters or matches in an irresponsible manner, and what they did started a fire that burned down a building and killed people, they would be responsible.

Imagine that this fire had never occurred. Which of the following events would be more likely:

  1. That something else would ignite the backdrop in The Station sometime within the next five years causing a fatal fire.
  2. That, sometime within the next five years, Great White's pyrotechnics would ignite their venue and cause a fatal fire.
I find it a lot easier to imagine another group setting The Station on fire, with disastrously fatal consequences, than imagining Great White's pyrotechnics causing a fatal fire in any reasonably-safe venue.

If the gerbs were being directed at some flammable material point-blank (e.g. if the shooting tube had fallen against the wall) then they might be regarded as accellerants. At any moderate distance (over a couple feet), however, the gerbs would typically have less ignition potential than a match or even a lit cigarette. Absent some accelerant (such as glue), the gerbs would be harmless.

BTW, it would be interesting to see someone with some gerbs and some of that same foam try to ignite the foam from the gerbs without some added catalyst (such as glue). If such tests failed (couldn't produce ignition) it might help the foam manufacturer avoid liability.

115 posted on 02/28/2003 5:07:26 PM PST by supercat (TAG--you're it!)
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To: TLBSHOW
When it started clueless one looked around for something to put it out with, you would think he would of thought of that first before he lite the place up in flames and killed 97 people. Did you know another person died today?

???

Is English your first language???

If not, I applaud your desire to keep learning.

116 posted on 02/28/2003 5:26:38 PM PST by george wythe
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To: holden
Let's think about this for a minute.

Do you set off your 4th of July firecrackers/roman candles/bottle rockets in your house? NOT!.

The backyard (with a functioning garden hose) is obviously much more appropriate. Maybe pyrotechnics could be handled in a ice arena but that is likely the reasonable limits of interior use.

117 posted on 02/28/2003 5:32:27 PM PST by Paladin2
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To: Bella_Bru
LMFAO! Pathetic. Have you picked out your next screen name yet?

May I suggest something that starts with "B" or "I_Post_To_Annoy"

118 posted on 02/28/2003 5:35:48 PM PST by Lauratealeaf (the name means mountain goat)
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To: supercat
Ah, I have remained silent until now.

I have had a lot of security experience with nightclubs.

I am also familiar with egg-crate insulation.

My conclusion is this: Only complete simpletons on the level of single-celled critters would be so stupid as to use Roman-candle type pyros aimed directly at this type of insulation.

Also, only complete simpletons on the level of single-celled critters would be so arrogant to use this type of insulation if said club has a history of using pyros.

If there was ever a situation where 97 people died for no damn reason, it's this. Period.

Nuff said.
119 posted on 02/28/2003 5:42:33 PM PST by lavrenti
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To: TLBSHOW
I suspect that in the next fews days there will be sadly more deaths. As memory serves me, severe burn patients usually go into an electrolyte imbalance (not certain of medical term),...usually after 7 to 10 days and succumb by this.
120 posted on 02/28/2003 5:48:19 PM PST by MadelineZapeezda
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