Petaluma officials on hunt for code violations

After the Oakland warehouse fire, more scrutiny placed on Petaluma buildings.|

In the wake of a deadly fire last month that killed 36 people at an Oakland warehouse that was illegally converted into an artist collective, Petaluma officials are investigating local event venues and warehouses to ensure compliance with the city’s fire and building codes.

During a Jan. 4 inspection of the Phoenix Theater, a popular downtown concert hall, officials red flagged a handful of concerns, including issues with access to exit doors, guard rails on the balcony lobby and what the officials said were tripping hazards on fire escape platforms. As a result, the venue’s capacity was docked from 700 to 49, prompting the cancellation of a Jan. 14 show as operators scrambled to address the violations, General Manager Tom Gaffey said.

Refunds were given for the 56 advance tickets purchased online, Gaffey said, though he expressed frustration over what he described as an “out of the blue” inspection with unusually high scrutiny and what he felt was a lack of communication from the city.

As a matter of ensuring safety on an ongoing basis, Gaffey said he undertakes weekly inspections based off a checklist provided by the fire department and the venue is inspected yearly by city officials. In 2010, a temporary ban on concerts and a reduction in capacity was imposed on the venue amid allegations that safety violations occurred during a concert, though Gaffey at the time disputed the allegations. He said he routinely updates facilities, complies with city requests and keeps the venue safe.

“We feel that we do take (safety) proactively,” he said. “Whatever we’re doing in this building, we’ve got most of my best friends in there - the musicians and the kids … so I do take safety seriously.”

Interim Fire Marshal Dave Kahn said the inspection at the Phoenix is part of a larger effort after the Dec. 2 fire broke out during a party in a motley Oakland warehouse that was referred to as the Ghost Ship. Loss of lives inside the 10,000-square-foot building were credited in part to the absence of sprinklers and alarms, illegal occupancy and lack of emergency exits amid a space filled with a collection of highly-flammable belongings.

“As a result of the Ghost Ship fire in Oakland, all departments across the nation are looking at those types of situations and venues,” he said. “It’s more that it just kind of raised attention … and we’re following up on that and looking at places like the Phoenix and the Mystic and making sure that the safety of everyone there is the highest priority.”

The Phoenix Theater, which is housed in a 112-year-old building, will also likely need to install a sprinkler system, he said. An inspection of the Mystic is scheduled for this month, he said.

Moving forward, Kahn said the occupancy cap has been removed. He said an inspector will visit this week and the venue will be allowed to operate while larger issues, like installing ramps to exit doors and securing a balcony are being addressed. Operators need to hire a city-approved fire official to monitor doors and the balcony during shows with more than 100 people to ensure safety until repairs are enacted, he said.

“It’s really a cooperative thing,” he said. “We realize the need for safety and we need to figure out a way that works best for everyone - that’s what we’re trying to do.”

Gaffey said shows slated for this weekend will go on, but because the city will require as many as three officials on hand depending on occupancy, the venue will take a significant financial hit.

Since the Phoenix will be required to pay as much as $100 an hour for each city official, it will likely lose money when it hosts concerts, Gaffey said. The nonprofit is kept afloat mostly through donations and ticket sales and Gaffey said he hopes to find a solution with city officials to keep the venue’s doors open and scheduled concerts on the bill.

“All I can say, and I can say this very honestly, is that the Phoenix is doing everything they can to comply as quickly as possible,” said Jim Agius, a member of the nonprofit’s board of directors and the talent buyer.

Officials are also working with Joe Garcia, the city’s code enforcement officer, to investigate warehouse spaces along Water Street that have been problematic in the past. In past years, Garcia said notices of violations have been issued for warehouse buildings being used as sleeping spaces or for parties, though he said property owners have routinely brought those spaces into compliance with city codes. He was unable to immediately provide a number of spaces that have caused problems in the past.

He said he’s not aware of any warehouses that are being used for unpermitted occupancy now, though there are still several buildings to check off the list. Since the Ghost Ship fire, he said the city has received three complaints inquiring about illegal living spaces, through no violations have been issued and property owners have complied with requests for inspection.

He said public safety personnel and water department officials are also on the lookout for signs of illegal uses of warehouses while responding to calls.

“From a code enforcement standpoint, our first responsibility is the safety of the occupants, to make sure that the use inside that building is the safest use,” he said.

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