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Foam supplier says Nightclub owner, Michael Derderian, bought non-fire retardant soundproofing
The Providence journal ^ | 02/28/2003 | By TOM MOONEY

Posted on 02/28/2003 11:10:57 AM PST by TaxRelief

By TOM MOONEY Journal staff writer

Updated 1:36 p.m. / The owner of American Foam Corp. in Johnston says The Station nightclub in June 2000 purchased $575 worth of common egg-crate packing foam for soundproofing, but it was not fire retardant.

The fire retardant foam would have cost twice as much, according to Aram DerManouelian, who said the club wanted "the lowest grade, the cheapest stuff."

"They had a choice, and they bought general purpose egg-crate foam," said DerManouelian. "It kept the noise down, but whoever figured they'd put flame on it? Jesus. For a $575 invoice, here we are."

Whether the soundproofing was safe and fire retardant, as required by law, is now at the center of the investigation into the blaze at West Warwick club last week, which has killed 97 and injured another 186 people. It was the fourth deadliest nightclub fire in the nation's history and the worst fire ever in Rhode Island.

Pyrotechnics set off by the band Great White apparently ignited the foam, then quickly spread to paneling and a suspended ceiling, filling the club with thick black smoke and flames. The building was engulfed within three minutes, West Warwick Fire Chief Charles Hall has said.

DerManouelian said Michael Derderian, co-owner of the club, wrote out a check for a delivery of 25 sheets of the charcoal foam on June 27, 2000. The foam was 2 1/2 inches thick. Each sheet was 37 by 84 inches in diameter. It was made of polyurethane and is generally used for packing.

"It's unfortunate," DerManouelian said. "They did not buy fire retardant foam. Yeah, they could have. We sell fire-retardant foam. They bought the wrong kind. In hindsight, they probably didn't think they were going to have a fire."

Kathleen M. Hagerty, a lawyer for Michael Derderian, confirmed that the club had purchased the foam. She said a neighbor who worked as a salesman for American Foam Corp. suggested they use it as a solution to complaints neighbors had about noise from the club.

Hagerty refused to identify the neighbor.

"We have someone looking for him, and the AG has someone looking for him, too," Hagerty said. "I don't know where the man is. He may be out of town for all I know."

Investigators hunting for the source of the stage insulation used at The Station nightclub searched American Foam Monday night and took samples of products.

The foam was installed to appease neighbors upset by the club's noise. Michael Derderian and his brother, Jeffrey, bought the club in March 2000.

The club's former manager, Tim Arnold, of Johnston, would not confirm or deny yesterday that he had installed the foam soundproofing. A woman who answered the door at his house said Arnold no longer worked at a foam company.

Meanwhile, the grand jury is apparently back in action at Rhode Island National Guard's Camp Fogarty in East Greenwich.

Jack Russell, lead singer for Great White, entered the complex shortly after noon. Several prosecutors from the state attorney general's office were also seen driving into the camp this morning.

Russell is seeking immunity from prosecution or a letter of non-prosecution from the attorney general's office for any possible testimony before the grand jury.

The attorney general's office asked for permission to use classrooms at the camp earlier this week. The grand jury started investigating Wednesday, but did not meet yesterday.

-- With reports from The Associated Press and Journal staff photographer Mary Murphy.


TOPICS: Front Page News; News/Current Events; US: Rhode Island
KEYWORDS: buildingcode; derderian; fire; greatwhite; lawsuit; negligence; nightclub; nightclubfire; ri; warwick
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1 posted on 02/28/2003 11:10:57 AM PST by TaxRelief
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To: TaxRelief
Another party to add to the law suit. The search for deep pockets continues. The lawyers always get paid first.
2 posted on 02/28/2003 11:26:21 AM PST by RicocheT
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To: TaxRelief
I beleive that the club and band should be held for negligence.

It looks like the band is cutting a plea bargain with the blame going to a person who actually lit the pyro's and who was hired by the band, Great White tour manager, Dan Biechele.

I hope that the club owners get the book thrown at them and I hope that the band also is charged in some way.

IMHO, it looks like the band is trying to make their tour manager, the person holding the bag, when it comes to their responsibility.

3 posted on 02/28/2003 11:30:46 AM PST by Dane
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To: Dane
I'm worried that the club owner will get a pass. Understand the owner is a major TV news personality in that area; being a part of the media will provide him with power which a regular guy wouldn't have. The lead band guy had the guts to stick around that night, face the press, help the victims, etc. The owner was nowhere to be found. My opinion; I could be wrong...
4 posted on 02/28/2003 11:36:37 AM PST by MayflowerMadam
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To: TaxRelief
The salesman who sold the foam to the club MAY be sleepin' with da fishies.

Ahem...tin-foil 'off'.

5 posted on 02/28/2003 11:38:26 AM PST by mommadooo3
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To: MayflowerMadam
I'm worried that the club owner will get a pass.

I don't think that they will. I think that they are going to get the book thrown at them, IMO.

6 posted on 02/28/2003 11:40:36 AM PST by Dane
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To: TaxRelief
DerManouelian said Michael Derderian, co-owner of the club, wrote out a check for a delivery of 25 sheets of the charcoal foam on June 27, 2000. The foam was 2 1/2 inches thick. Each sheet was 37 by 84 inches in diameter. It was made of polyurethane and is generally used for packing.

How'd this ever pass Fire inspection?

7 posted on 02/28/2003 11:43:16 AM PST by Japedo (Live Free or Die Trying)
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To: Japedo
Assuming the foam was up at the time, the inspector was either incompetent or crooked (or both).
8 posted on 02/28/2003 11:44:57 AM PST by Wolfie
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To: TaxRelief
Since just about all the relevant facts are out and the guilty parties are known, this case will be interesting to watch only for what it reveals about the worlds greatest legal system. And it ain't gonna be pretty, I tell ya!
9 posted on 02/28/2003 11:47:47 AM PST by Revolting cat! (Someone left the cake out in the rain I dont think that I can take it coz it took so long to bake it)
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To: TaxRelief
The deepest pockets will belong to the manufacturer of the eggcrate foam, therefore they are the ones at fault.

It's the law.

10 posted on 02/28/2003 11:51:13 AM PST by E. Pluribus Unum
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To: TaxRelief
I assume Chicago has some kind of building code and that it doesn't allow flammable insulation in night clubs.

Of course many cities view building codes as a convenient source of graft for the inspectors.
11 posted on 02/28/2003 11:53:41 AM PST by Cicero
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To: Wolfie; FreeTally
IMO,

I don't see how they can hold the Band equally Liable in this.

A) It's passed fire Inspection since 2000, how many times (once, twice a year?) with that up on the walls?

B) GW lawyers state at least 6 bands have used pyros in that club in the last two months. They have some bands on Film to back up this claim.


C) The "owners" aren't cooperating fully, unlike the Band. The Owner also sold tickets at the door to an already sold out show. (business cards he used) He filmed himself, in his own club over crowding.

D) from what I understand The Station had to hire 2 people to unload the bus, Which means they also had to unload the Sparklers.

E) They were in the process of selling the business.

I could go on and on.. but... Most GW could possibly be charged for is not getting a permit. (Dunno if that would be the band itself or the Management of the band, I will have to keep looking for answers on that.)
12 posted on 02/28/2003 11:56:56 AM PST by Japedo (Live Free or Die Trying)
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To: Japedo
How'd this ever pass Fire inspection?

First maybe the fire inspector was told misleadingly it was non-flammable and second maybe the fire inspector didn't comprehend that a band would be stupid enough to set a big pyrotechnics show in such a small room.

Also remember the band and club didn't ask for a permit for the pyro's. The fire marshall probably would have nixed that idea in the bud.

13 posted on 02/28/2003 11:57:18 AM PST by Dane
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To: TaxRelief
DING. An unsafe atmosphere
14 posted on 02/28/2003 12:00:25 PM PST by AppyPappy (Caesar si viveret, ad remum dareris.)
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To: TaxRelief
""It's unfortunate," DerManouelian said. "They did not buy fire retardant foam. Yeah, they could have. We sell fire-retardant foam. They bought the wrong kind. In hindsight, they probably didn't think they were going to have a fire."

Sounds like the night club owners are in for a whole bunch of trouble. This little statement by itself would probably not really amount to much except for one thing. The owners have let other bands use Pyrotechnics, so wouldn't you think they would want fire retardant sound proofing?

And the band is also guilty to a degree in my eyes, they could have at least made sure that the surrounding material was fire proof. Not sure about anyone else, but I know if I light any type of fire I want to make sure the area around me is fireproof.

15 posted on 02/28/2003 12:00:45 PM PST by JustAnAmerican
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To: Japedo
I don't see how they can hold the Band equally Liable in this.

The club for providing a fire trap and the band for setting that fire trap on fire.

Seems pretty equal in the negligence dept. to me.

16 posted on 02/28/2003 12:01:06 PM PST by Dane
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To: E. Pluribus Unum
That's crazy. The manufacturer of the eggcrate foam bears no responsibility at all. They just sell the product. What the purchaser does with it has nothing to do with them.
17 posted on 02/28/2003 12:01:36 PM PST by SamAdams76 (California wine tastes better - boycott French wine!)
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To: Dane
First maybe the fire inspector was told misleadingly it was non-flammable and second maybe the fire inspector didn't comprehend that a band would be stupid enough to set a big pyrotechnics show in such a small room.

According to what I read yesterday, it is the FIRE Inspectors Job to hold a flame up to the wall for an x amount of seconds. It is one of the things they are required to do in order for it to pass. I will find you that link....

18 posted on 02/28/2003 12:02:05 PM PST by Japedo (Live Free or Die Trying)
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To: E. Pluribus Unum
Egg crate foam was on the wall. It exists mainly because it is used to pack eggs. The poultry industry, and by extension, all people who eat meat are obviously at fault here. Call John Edwards.
19 posted on 02/28/2003 12:03:08 PM PST by Callahan
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To: Japedo
According to what I read yesterday, it is the FIRE Inspectors Job to hold a flame up to the wall for an x amount of seconds. It is one of the things they are required to do in order for it to pass. I will find you that link....

First of all I believe if there is a question then a match has to be held up to the wall and second like I said maybe the club owners told them the foam was not flammable.

All your points are moot anyway because the club and band didn't ask for a permit for pyro's.

20 posted on 02/28/2003 12:05:17 PM PST by Dane
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