inspection with Marina on January 19. He found that curtains had been hung
throughout the east dining area. A sheer material with a plastic sheet behind it. He
asked the property owner what the plastic material was and they stated it was a shower
curtain liner. The problem with that is two issues. First, those plastic liners and other
material are not rated for hanging throughout an assembly space. They will burn hot,
fast, and toxic, creating a dangerous situation. Second, there is also the possibility of
sprinkler head obstruction, so in a fire situation it is possible the water flow from the
sprinklers would be obstructed and let the fire spread further. You can see in the
pictures how they are hung. The code does provide by code two reasons why they need
to be removed.
Moermond: any egress concerns?
Shaff: there would be, there is the possibility of not being able to see the exit signs
and we don’t want people to have to run through them to escape. Definitely would
cause more hazard. Also noted there are other concerns, not under appeal today, but
did find several corroded sprinkler heads.
Liberman: we’ve changed those out, it isn’t an issue anymore.
Moermond: Ms. Liberman, tell me why are you appealing?
Liberman: we have been in business for 28 years and with Covid it has harmed our
business tremendously. It is the hardest year we’ve had since we have opened. We
tried to help the customers to feel safe and healthy. Where we can we moved the
tables apart to give them more space, but in this room we can’t do that so we decided
to do these curtains. We can clean them and people feel safe with the barrier. It is
easy to move them. They aren’t in the way of the sprinklers. The emergency sign exit
isn’t in this room.
Moermond: I can see it in the photo provided.
Liberman: I am hoping it is temporary. For the health of our customers, if we can do
this as a temporary solution? It has been hard on us; we need to protect our
customers to stay in business. We are short on staff. We always cooperate with the
Fire Marshall, that’s why we’ve been in business so many years. It is extraordinary what
we are trying to do. Soon cases will be dropping and we can remove it. At least until it
is warmer and we can seat more people outside. People feel better outside.
Moermond: I’m not persuaded by your arguments about it being a Covid deterrent, but
I’m not an air circulation specialist. We have highly flammable material; I do agree with
the inspector’s assessment and this is introducing in something flammable and
creates an obstruction. If you are trying to get out in a fire, you have to make your way
through the curtain, as well as the room. As far as the sprinkler head obstruction, in
the photo you show me it shows the curtain against the wall, but the tracks run across
the ceiling. So if the curtains are in the middle they would be obstructed. So
obstruction depends on the placement of the movable shower curtain. I hear the Covid
difficulties and am sympathetic to that. I think you’d be better served on using HEPA
filters.
Liberman: we did, we have $7,000 worth of filters.
Moermond: and I think that’s better than a shower curtain which isn’t a safe solution.
Liberman: it is just between the tables.
Moermond: I can see it is how you have it positioned and I don’t think it’s a safe