Criminal negligence in club fires (Part I)

Criminal negligence applies in cases where people who have a duty to make sure that those who are in their care are protected against harm and subsequently fail in their duty. This is a prime complaint in club fires where those who were in charge of the clubs had failed in their duty towards their patrons.

There are a number of reasons why so many people die in nightclubs that are on fire. The reasons include; lack of exit doors, pyrotechnics, flammable ceilings, no sprinklers or fire extinguishers and/or fire hoses and overcrowding. What follows are examples of these failings.

Fire in Brazil (2012)

As flames raced through a crowded nightclub in Santa Maria in southern Brazil during the early hours on January 27, 2012, as many as 231 partygoers at the KISS nightclub gasped for breath in the toxic smoke-filled air, stampeding toward the only exit which unfortunately was blocked by those piled up against it that were already dead. 

Lack of exit doors

Why was there only one exit that the doomed partygoers had hoped to escape from? Security guards briefly tried to block people from exiting the club via the front entrance. Brazilian bars routinely make patrons pay their bar tab at the end of the night before they are allowed to leave. A similar incident occurred just over a hundred years ago while the Titanic was sinking. A crewman wouldn’t open the grilled gates to let the fourth-class passengers flee to the upper decks until the First Class passengers had been placed in the lifeboats. Most of the Fourth Class passengers died in the sinking.

The large nightclub had no emergency exits, according to police investigators. The toxic smoke made people lose their sense of direction in the smoke-filled club so they were unable to find their way to the only exit at the entrance to the club. At least 50 bodies were found inside one of the washrooms. Apparently they confused the washroom door with the exit door. Once inside the packed washroom with the toxic smoke pouring in, they quickly suffocated to death. More than 100 people remained in hospitals for smoke inhalation and 75 of them are in critical condition and could die.

Pyrotechnics

It is beyond all understanding as to why some nightclub owners still permit any form of pyrotechnics to be part of a performance of a band. Surely they are aware of the previous instances when pyrotechnics caused fires during a band’s performance that resulted in deaths of patrons in nightclubs. The same knowledge also applies to the bands themselves.

A survivor, Michele Pereira, told the Folha de S. Paulo newspaper that she was near the stage when she saw members of the band light up flares that started the conflagration. The band suddenly stopped their country music performance and pointed upward. Seconds earlier, the ceiling had caught fire. The fire was weak to begin with but in a matter of seconds it began spreading across the ceiling. The band used a  pyrotechnic device that its members and police referred to as a ‘Sputnik’. (The ‘Sputnik’ was the first Russian rocket that reached outer space) Well this band’s Sputnik only got as far as the ceiling of the nightclub.

Flammable Ceilings

One would think that nightclub owners are aware that they are legally responsible to make sure that their ceilings, walls and floors along with any draperies are fireproofed.

The owners of the KISS nightclub used ‘acoustic foam’ insulation on the ceiling of their club. According to the International Building Code, all foam plastic material

 (not just spray foam, but also Styrofoam, ‘sound proofing foams’, foam boards extruded polystyrene, etc.) are all considered flammable. Polyurethane foam insulation burns quickly if ignited, emitting smoke, heat and toxic gases, according to the Occupational Health & Safety Administration. Toxic gases emitted by burning polyurethane foam include carbon monoxide, nitrogen oxides, hydrogen cyanide, benzene, acetaldehyde and acetone which when breathed, can be fatal.

Such foam products will not burn simply because a room is overheated but it will ignite if flame hits it and that is what happened at the KISS nightclub conflagration.

Sprinklers and fire extinguishers

The KISS nightclub had neither of these two fire protection equipment. I am totally amazed that the city officials permitted this nightclub to operate when it knew that it didn’t have these fire protection measures in place. Maybe they knew but were bribed to ignore this fact.

Witnesses said that either a musician or a security guard that grabbed a fire extinguisher, tried to stop the fire. Unfortunately, the extinguisher didn't function according to accounts by survivors and a band member. There was no mention of another fire extinguisher being in the club. Once the fire was underway, there was no way to stop it from spreading throughout the club.

According to that particular Brazilian State’s laws, safety codes are that clubs should have one fire extinguisher for every 1,500 square feet as well as several emergency exits.

Overcrowding

The club had been filled far beyond its legal capacity during a party for students at the university’s agronomy department. The city’s bylaws permitted that particular nightclub to only permit 1000 people inside the club but on that particular night, it had at least 2000. With that many people inside the club, it isn’t a surprise that so many of them died while trying to escape. The limit of the number of people in clubs in that State are to be strictly enforced of which in this particular case, it wasn’t.

This isn’t the first time that people have died because of overcrowding. We often read about small ships being overcrowded when they sink. Why were they overcrowded and why was the KISS nightclub overcrowded. The answer is obvious. The owners could get more money that way. It all comes down to greed. To them, greed is more important than the safety of their passengers and patrons.

Response of owners of KISS

Now consider the verbal response of the managers of the KISS.  They said that the club’s management vowed to cooperate with authorities and defended its response to the fire. Their words were in part; “Our employees have the highest technical qualifications and are adequately trained and prepared for any contingent situation.” They certainly weren’t trained and prepared for that particular contingency on January 27^th.

Police identified the two detained club owners as Mauro Hoffmann and Elissandro Spohr. Mario Cipriani, a lawyer for Mr. Hoffmann, said his client was a passive investor in the establishment and believed it to be up to code and meeting legal standards. Representatives for Mr. Spohr couldn't be reached to comment. Passive or not, Hoffman had a responsibility to make sure that his investment (KISS) was up to the proper safety standards. This he did not do. The band members were also detained. Obviously they too were at fault for the loss of life.

Fire in Perm, Russia (2009)

The Lame Horse nightclub fire occurred on December 5, 2009, around 1 a.m. local time at 9 Kuybyshev Street in Perm, Russia. 

Pyrotechnics

The fire started when sparks from  fireworks  ignited the low ceiling and its willow twig covering. The fire quickly spread to the walls and damaged the building's electrical wiring, causing the lights to fail. Ignition occurred when a performance artist threw cold-flame pyrotechnics into the air. Investigators say the fireworks that started the blaze were outdoor pyrotechnics which were prohibited for use indoors                                                                                       

Flammable Ceilings

Sparks from the fireworks hit the plastic covering of the ceiling, igniting it. An announcer then told the guests to evacuate. As the crowd began to calmly exit the building, the wooden decorations on the interior walls of the club ignited, and the building filled with smoke.

Exits

When the evacuation started, some people were able to leave via a rear exit. The vast intake of oxygen however turned the club's hall into a large fire tube and boosted the spread of the fire. As fumes and smoke overtook the air, panic suddenly erupted and patrons stampeded toward the exit. According to witnesses, one leaf of the club's double doors was sealed shut, and many of the club’s patrons were unaware of the backdoor exit behind the stage since it did not show any emergency lighting advising the patrons that there was an exit door there.

As of January 1, 2010, 153 people were known to have died as a result of the fire, (94 died at the scene and the rest in hospitals).  An emergency services spokesman stated that most of the victims died from smoke inhalation and/or carbon monoxide poisoning.

The Russian Prosecutor's Investigative Committee spokesman, Vladimir Markin, declared that the fire was caused by unsanctioned use of fireworks inside the club.

Investigation and trial

On December 5, 2009, four persons were detained in relation to the Lame Horse fire. A court later authorized a two-month preliminary detention for the suspects on December 6. One of the accused, Anatoly Zak, allegedly a co-owner of Lame Horse, fled Perm but was later captured by Russian police.

On December 7, four of the detained suspects were formally charged. Anatoly Zak, executive director of the Lame Horse, Svetlana Yefremova, caretaker and art director Oleg Fetkulov were charged with violations of fire safety rules leading to the deaths of 2 or more people (Article 219, part 3 of the Criminal Code of Russia, carrying a maximum sentence of 7 years). Oleg Fetkulova also lost his wife Yevgeniya in the hospital on December 13 who was present at the club and suffered from multiple burns and smoke inhalation she received during fire. The fifth suspect, Alexandr Titlyanov, a leaseholder of the premises who also owned 85% of the issued shares of the club, was seriously injured in the fire. Later he was transported to a Moscow clinic with burns over 80% of his body and he died on December 9, 2009 in a Moscow clinic before any charges were brought against him. On December 11, 2009, Vladimir Mukhutdinov, who was a chief fire safety inspector of the local Fire Safety Authority, was formally charged with negligence on duty leading to a death of 2 or more people (Article 293, part 3, carrying a maximum sentence of 7 years).

Fire in Bangkok, Thailand (2009

The Santika nightclub fire broke out while about 1,000 revelers were ringing in the New Year which occurred on Thursday, January 1, 2009, in the Santika  nightclub  in Bangkok, Thailand, where New Year  celebrations were taking place. A total of 66 people were killed and another 222 injured when fire swept through the nightclub during the New Year's celebration as a band ironically and coincidentally called Burn was performing.

Cause of the fire

No official cause for the Santika fire has ever been established by investigators, however suggested causes were that outdoor fireworks set the roof on fire. A witness reported seeing flames on the roof after going outside to watch the midnight fireworks display.  Moreover, the fire became visible indoors approximately 10 minutes after midnight. This strongly suggests the fire originated on the roof, allowing it to grow in intensity while going unnoticed for some time. Due to the lax enforcement of building codes, tar paper and plastic were often used as waterproofing materials for roofs. Further, fireworks were set off on the stage.

Cause of the deaths

Approximately 1,000 guests and employees were in the club when it burned, and deaths occurred from both smoke inhalation and burns, as well as a stampede for the exit. Doctors stated that fumes from burning plastic could have caused people to faint after a few minutes.

Exits

The nightclub only had one main exit, with an additional private staff exit.  A third exit was locked to prevent robberies.

Club’s safety system

After a preliminary inspection of the club's safety system, it was declared ‘substandard’. The club only had one fire extinguisher and no fire hoses or sprinklers.

Charges

The owner of the Santika Club was charged, along with twelve other directors. The owner was also charged with allowing an underage customer into the club after a 17-year-old student's body was recovered. The owner faced a further charge of carelessness resulting in death. The police also blamed the lead singer of Burn for setting off fireworks on the stage.

The Ministry of Justice investigation discovered the nightclub was officially registered as a private residence and therefore had never received a fire safety inspection. It was also located in a zone where nightclubs are prohibited and the city architect's signature approving the club's design had been forged. Between 2004 and 2006, police had filed 47 charges against the club's owners for illegal operation. After that, however, no charges were filed. Suspicions of corruption were raised when one of the co-owners turned out to be a senior police officer.

On September 20, 2011, Thailand's Criminal Court found two persons—Wisuk Setsawat, the pub owner, and Boonchu Laorinath, the light and sound company's owner—guilty of negligence. Wisuth Setsawat and Boonchoo Laorinath were given three-year jail terms. Boonchoo Laorinath was also ordered to pay Bt8.5 million (US $6,212,900) in compensation to five plaintiffs—relatives of the victims. No doubt he had insurance and if he did, I wonder if he could afford the new premiums.

I visited the prison for men in Bangkok when I was attending a UN crime conference in 2005 as one of the guest speakers and I can assure you, these two men who no doubt had fine homes would not have liked their accommodation in that prison. Forty men were placed in a small room with only a fan for ventilation and one toilet for all 40 of them. The prison held several thousand inmates.

Summation

As you can see from these nightclub fires, greed and stupidity were the main ingredients that caused so many deaths. If the owners had taken proper care to see that fires in their clubs would not have occurred in the manner that they did because of faulty material and proper fire-fighting equipment was available and used, and proper exits were made available to their patrons, no one would have died in those fires.  Anyone who uses pyrotechnics to embellish their performances is utterly stupid.

In my next article, I will tell my readers about another three nightclubs that caught on fire in which many people were killed in them.