tragedy rooted in code violations how it ... room the fire started in the zebra room, a small room...

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Zebra Room The fire started in the Zebra Room, a small room on the first floor used for small functions. A flashover occurred during attempts by employees to fight the fire with portable extinguishers H OW I T H APPENED The day of the fire 4 p.m.: A wedding takes place in the chapel at the rear of the club. The reception follows in the Zebra Room. About 5 p.m.: The reception begins in the Zebra Room. About 6 p.m.: As traffic congests in the club driveway, at least one driver notices puffs of smoke but sees no reason to report it. Unexplained smoke was reported emitting from the building as early as 6:30 p.m. and at various times by different people until 8:45 p.m. 8:30 p.m.: Guests begin leaving the wedding reception. During the festivities, some guests complained the room was too warm and asked that the air conditioning be turned up. At least one guest detected a burning odor but assumed it was caused by lighted candles. About 9 p.m.: A reservation clerk sees smoke in the Zebra Room. She runs to alert other employees. The fire department is called. When flashover, or ignition of all combustible materials, occurred in the Zebra Room, it resembled a furnace; all combustible furnishings were burning simultaneously. As the flames and hot gases entered the main corridor, the carpet and the hardboard paneling began to contribute combustible volatiles. Fire spread rapidly down the main corridor, with visible fire rolling along underneath the ceiling and a secondary-fire traveling along on the carpet behind the ceiling fire. 9:01 p.m.: Southgate, Fort Thomas and Newport firefighters are dispatched. 9:04 p.m.: A Southgate rescue van is the first unit to arrive. Smoke is visible from the eaves. The evacuation has begun, with employees assisting patrons. At some point, because of dense smoke, employees redirect patrons through the kitchen. 9:08 p.m.: Comedians Jim Teter and Jim McDonald, the opening act for John Davidson, are performing in the Cabaret Room when busboy Walter Bailey walks onstage, warns the audience of a fire and instructs the crowd to move toward the exits. 9:08 to 11 p.m.: As the evacuation proceeds, bottlenecks develop along exit routes. When word arrives outside that people are trapped in the Cabaret Room, firefighters battling the blaze redirect their efforts toward rescuing those inside. At some point smoke fills the room and engulfs those inside. Just after midnight, the roof collapses over the Cabaret Room. A collective realization ripples through rescue workers that there is not much chance anyone else is left alive. Overnight: Furious efforts continue in a desperate attempt to save victims from the carnage, but by dawn 134 dead bodies will have been removed from the Cabaret Room. Inadequate exits and overcrowding Based on occupancy of the entire building (estimated at 2,349 by the state fire marshal and 2,735 by the National Fire Protection Association), the number of exits required was 27.5. The number determined to exist at the time of the fire was 16.5. Therefore, total capacity should have been limited to 1,511 people based on the exit provisions of the Life Safety Code. The state fire marshal calculated the allowable occupancy of the Cabaret Room to be 536 maximum. Seating charts recovered from the club indicate normal capacity as 614, with maximum of 756. The night of the fire, the final estimate of 1,360 persons is based in large part on a seating diagram developed by a hostess who worked in the Cabaret Room for several years. Gross overcrowding, when combined with other factors, directly contributed to the loss of life and injury. Cause of death The major cause of death was determined to be smoke inhalation and acute carbon monoxide intoxication. Cross-section of construction Code deviations Violations were manifold and extreme. They included: locks on doors, absence of sprinklers and proper fire walls, hazardous wiring, overcrowding, inadequate exits, and improper construction. There was no active alarm system. The club continued to operate although many of these violations were known by its insurer, its operators and owners and were on record in the Kentucky fire marshal's office. Wiring The wiring was an electrician’s nightmare. Most violations were obvious even to a layman. Boxes or fittings were not installed at every outlet, switch and juncture point. Some outlet box were missing covers or were not securely fastened. No. 12 non-metallic wire was not run through metal conduit. Also noted: lack of proper grounding; absence of bushings; excessive number of conductors in a box; improper transformer installation; failure to close unused openings in boxes and fittings; and failure to make electrical installations reducing to a minimum the possible spread of fire through fire-stopped partitions and other similar walls. Firestops Firestopping is required for each 1,000 feet of concealed space between ceiling and floor deck above. Partition walls between the Zebra Room, ladies’ room, office, front entrance and bar area did not extend to the floor deck above. The continuous and connected open space above those areas contributed to the supply of oxygen that fed the early stages of the fire. Roof support There were no intermediate roof supports in any room, with the possible exception of the Garden Room. Supports there are believed to be the walls of the older sections left in place when the Garden Rooms were expanded. Roof spans extended from wall to wall. The piecemeal construction, with rooms and groups of rooms being added at different times, resulted in a structure with no common ceiling space. Materials Construction and decorative materials used extensively throughout the building provided a fuel supply for contiuned spread of fire. These material included wood framing, decorative paneling, combustible ceiling tile, tapestries, carpeting and foam padded furniture. TRAGEDY ROOTED IN CODE VIOLATIONS Mid-afternoon on May 28, 1977, employees were busy preparing for a hectic night. Headliner John Davidson plus five private parties were sure to pack the house. The Southgate supper club will be occupied by at least 1,600 guests and perhaps as many as 3,400, plus 182 employees. Approximate Scale 0 50' feet 1937: The original Beverly Hills nightclub is built by Pete Schmidt on a 17-acre site along the west side of U.S. 27 in Southgate. 1961: After changing hands several times over the years, the club shuts down. Oct. 11, 1969: The Beverly Hills reopens briefly under the ownership of two Atlanta-based partners. Dec. 30, 1969: The club, closed shortly after its reopening, is deeded to the Schilling family, who plan to renovate and expand it. April 1970: The Schillings obtain a building permit for a $170,000 remodeling. June 21, 1970: A predawn fire destroys much of the unoccupied structure, still under construction. A state arson investigation will prove inconclusive. Feb. 10, 1971: The new Beverly Hills Supper Club opens to the public. Feb. 26, 1971: The Enquirer reports that the club reopened ‘‘without remedying 10 major safety defects outlined by the state,’’ including flaws involving stairway enclosures and exits. The article says the state did not conduct a final inspection at the site and that the state fire marshal had not approved the club for occupancy. Officials in Kentucky play down the controversy, saying they have been assured all hazards have been corrected. July 8, 1974: The Schillings apply for a building permit to add a larger showroom. Aug. 10, 1974: A small fire, apparently caused by a short circuit, breaks out in the club’s main electrical control panel. The flames are put out with an extinguisher. An insurance claim puts damage at $1,635. Nov. 11, 1974: The new showroom, the Cabaret Room, opens to the public. 1975: Construction on the Zebra Room, designed to accommodate smaller parties, is completed. 1976: Construction on the Garden Room is completed. Jan. 27, 1977: A state-ordered fire inspection concludes that ‘‘in case of emergency, evacuation should be no problem with existing exits.’’ May 28, 1977: Fire destroys the supper club. May 29, 1977: The bodies of 26 more victims are removed from the Cabaret Room. June 1, 1977: Two bodies are discovered in the Viennese Room. June 2, 1977: A patron, injured in the fire, sues for damages in federal court, the first such suit to be filed. By 1985, the settlement to victims will reach $30 million. June 25, 1977: Patricia Brown, 40, of Lexington, Ky., dies of injuries suffered in the fire, bringing the death toll to 163. Her husband was among the dead. July 2, 1977: Clarence Gripshover, 48, of Covington dies of injuries, bringing the death toll to 164. Three couples he had accompanied to the club were among the dead. July 13, 1977: A report by State Trooper Kenneth Wood said ‘‘all the physical evidence’’ pointed to a hidden fire in the Zebra Room and the ‘‘only source’’ of ignition would have been electrical. July 18, 1977: State Police Det. Sgt. James A. Perry reports that some exits had appeared to have been illegally locked. Sept. 16, 1977: Gov. Julian Carroll’s special task force files a report calling the Beverly Hills building ‘‘an electrician’s nightmare’’ and concludes that ‘‘the only participants in the tragedy who were clearly ignorant of the latent danger hidden behind walls and within concealed spaces were the patron-victim.’’ Structural problems, the report said, included substandard wiring, flammable building materials and a shortage of exits. It said that ‘‘many of these code violations were known by the insurer, the operators and owners, and were noted as concerns as a matter of record in the fire marshal’s office.’’ Other problems it identified included ‘‘gross overcrowding’’ and ‘‘myopic’’ inspection efforts. The task force found it ‘‘baffling’’ how the state fire marshal’s staff failed to communicate adequately with the state Insurance Services Office that repeatedly inspected Beverly Hills during the 1970s and reported fire hazards. Sept. 19, 1977: Gov. Julian Carroll condemns ‘‘a shocking amount of complete and total disregard by the owners of Beverly Hills for the safety of the patrons.’’ He predicts indictments. Feb. 23, 1978: A special grand jury is impaneled to investigate whether crimes were committed in connection with the fire. During the coming months, dozens of witnesses testify and hundreds more written statements are submitted. March 1, 1978: Barbara Thornhill, 35, of Delhi Township dies at Cincinnati General Hospital, the 165th and final fatality attributed to the fire. The death toll included her husband, his two sisters and his pregnant sister-in-law. Aug. 2, 1978: The grand jury concludes that neither criminal negligence nor structural problems were responsible for the deaths. The jury report blames the victims’ ‘‘panic’’ and notes that Cabaret Room patrons, ‘‘even though notified to evacuate, failed to react and remained seated until the conditions of the room itself indicated the need to exit. By this time in some instances it was too late.’’ February 1979: A special prosecutor concludes that ‘‘nothing is to be gained from additional efforts to pursue criminal prosecution in connection with the fire.’’ 1980: Civil suits against the club owners are settled out of court. Oct. 18, 1986: An appellate court rules that the state fire marshal’s office has no liability to victims. A C HRONOLOGY This is an artist's rendering of the model used in a trial to show construction methods and code violations. Second floor Guests gathered in the second floor's Crystal Rooms were among the first to notice smoke, other than those in the area of the Zebra Room. The Cincinnati Enquirer/Randy Mazzola Source: The Investigative Report to the Governor of Kentucky, submitted Sept. 16, 1977 SUNDAY, MAY 25, 1997 6 7 THE CINCINNATI ENQUIRER Exits– Are indicated in red 75 71 275 471 27 CINCINNATI Ohio River River CAMPBELL COUNTY KENTON COUNTY OHIO KENTUCKY Alexandria Pike SOUTHGATE Licking Beverly Hills Supper Club Viennese Room Cabaret Room Garden Rooms Empire Room Main dining room Kitchen Main bar THE BEVERLY HILLS FIRE Cabaret Room Table arrangement taken from a hostess' recollection. Sound booth Ladies room Mens room Service bar/ Cashier Dishwasher Closet with an unlit exit sign above door Bath- room New showroom: Richard Schilling Sr. the owner (left) in the Cabaret room Aftermath: Debris from the 1970 fire. Dressing room Stairs to 2nd floor dressing room Stage Hallway to main bar and Zebra room Two single doors camouflaged to look like part of the wall Single door to Garden rooms Double door Single door Hallway Aisle 1st level 2nd level 3rd level 4th level 2nd level Chairs in aisle 3rd level 4th level 2nd level Hallway Storage Double door Exit (no sign above door) Chairs on ramp Chairs on ramp Exit single door (no sign above door) Cashier Hallway Single door to storage Double door Exit door Exit door Smoke Smoke Dish- washing Storage room Ladies room Mens room Foyer Under construction Airway Stairs Check room Crystal Rooms Mens room Ladies room Stairs Stairs No. 12 non- metallic wire Floor deck Partition walls Steel roof spans Wood framing Tapestries Foam padded furniture Carpeting Decorative paneling Combustible ceiling tile Insulation material 2nd floor joist 2nd floor underlayment Chapel

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Zebra RoomThe fire started in the ZebraRoom, a small room on the firstfloor used for small functions.A flashover occurred duringattempts by employees to fightthe fire with portableextinguishers

HOW IT HAPPENED

The day of the fire4 p.m.: A wedding takes place in the chapel at the rear of theclub. The reception follows in the Zebra Room.About 5 p.m.: The reception begins in the Zebra Room.About 6 p.m.: As traffic congests in the club driveway, atleast one driver notices puffs of smoke but sees no reasonto report it. Unexplained smoke was reported emitting fromthe building as early as 6:30 p.m. and at various times bydifferent people until 8:45 p.m.8:30 p.m.: Guests begin leaving the wedding reception. Duringthe festivities, some guests complained the room was too warmand asked that the air conditioning be turned up. At least oneguest detected a burning odor but assumed it was caused bylighted candles.About 9 p.m.: A reservation clerk sees smoke in the ZebraRoom. She runs to alert other employees. The fire departmentis called.When flashover, or ignition of all combustible materials,occurred in the Zebra Room, it resembled a furnace; allcombustible furnishings were burning simultaneously. Asthe flames and hot gases entered the main corridor, thecarpet and the hardboard paneling began to contributecombustible volatiles.Fire spread rapidly down the main corridor, with visible firerolling along underneath the ceiling and a secondary-firetraveling along on the carpet behind the ceiling fire.9:01 p.m.: Southgate, Fort Thomas and Newport firefightersare dispatched.

9:04 p.m.: A Southgate rescue van is the firstunit to arrive. Smoke is visible from the eaves.The evacuation has begun, with employeesassisting patrons. At some point, because ofdense smoke, employees redirect patronsthrough the kitchen.9:08 p.m.: Comedians Jim Teter and JimMcDonald, the opening act for John Davidson,are performing in the Cabaret Room whenbusboy Walter Bailey walks onstage, warnsthe audience of a fire and instructs the crowdto move toward the exits.9:08 to 11 p.m.: As the evacuation proceeds,bottlenecks develop along exit routes. Whenword arrives outside that people are trappedin the Cabaret Room, firefighters battling theblaze redirect their efforts toward rescuingthose inside. At some point smoke fills theroom and engulfs those inside.Just after midnight, the roof collapsesover the Cabaret Room. A collectiverealization ripples through rescueworkers that there is not muchchance anyone else is left alive.Overnight: Furious efforts continue in adesperate attempt to save victims fromthe carnage, but by dawn 134 dead bodieswill have been removed from the CabaretRoom.

Inadequate exitsand overcrowdingBased on occupancy of the entire building (estimated at2,349 by the state fire marshal and 2,735 by the NationalFire Protection Association), the number of exits requiredwas 27.5.The number determined to exist at the time of the fire was16.5. Therefore, total capacity should have been limited to1,511 people based on the exit provisions of the Life SafetyCode.The state fire marshal calculated the allowable occupancy ofthe Cabaret Room to be 536 maximum. Seating chartsrecovered from the club indicate normal capacity as 614,with maximum of 756.The night of the fire, the final estimate of 1,360 persons isbased in large part on a seating diagram developed by ahostess who worked in the Cabaret Room for several years.Gross overcrowding, when combined with other factors,directly contributed to the loss of life and injury.

Cause of deathThe major cause of death wasdetermined to be smokeinhalation and acute carbonmonoxide intoxication.

Cross-section of constructionCode deviationsViolations were manifold and extreme. They included: locks ondoors, absence of sprinklers and proper fire walls, hazardouswiring, overcrowding, inadequate exits, and improperconstruction. There was no active alarm system.The club continued to operate although many of these violationswere known by its insurer, its operators and owners andwere on record in the Kentucky fire marshal's office.

WiringThe wiring was an electrician’s nightmare. Most violationswere obvious even to a layman. Boxes or fittings werenot installed at every outlet, switch and juncture point. Someoutlet box were missing covers or were not securely fastened.No. 12 non-metallic wire was not run through metal conduit.Also noted: lack of proper grounding; absence of bushings;excessive number of conductors in a box; improper transformerinstallation; failure to close unused openings in boxes andfittings; and failure to make electrical installations reducingto a minimum the possible spread of fire through fire-stoppedpartitions and other similar walls.

FirestopsFirestopping is required for each 1,000 feet ofconcealed space between ceiling and floor deckabove. Partition walls between the Zebra Room,ladies’ room, office, front entrance and bar area didnot extend to the floor deck above. The continuousand connected open space above those areascontributed to the supply of oxygen that fed the earlystages of the fire.

Roof supportThere were no intermediate roof supports in any room,with the possible exception of the Garden Room. Supportsthere are believed to be the walls of the older sectionsleft in place when the Garden Rooms were expanded.Roof spans extended from wall to wall. Thepiecemeal construction, with rooms and groupsof rooms being added at different times, resultedin a structure with no common ceiling space.

MaterialsConstruction and decorative materials used extensivelythroughout the building provided a fuel supply for contiunedspread of fire. These material included wood framing, decorativepaneling, combustible ceiling tile, tapestries, carpeting andfoam padded furniture.

TR AG E DY R O OTE D I N C O D E V I O LAT I O N S

Mid-afternoon on May 28, 1977, employees were busy preparing for a hectic night. HeadlinerJohn Davidson plus five private parties were sure to pack the house. The Southgate supper clubwill be occupied by at least 1,600 guests and perhaps as many as 3,400, plus 182 employees.

Approximate Scale

0 50'feet

1937: The original Beverly Hills nightclub isbuilt by Pete Schmidt on a 17-acre site alongthe west side of U.S. 27 in Southgate.1961: After changing hands several times overthe years, the club shuts down.Oct. 11, 1969: The Beverly Hills reopens brieflyunder the ownership of two Atlanta-basedpartners.Dec. 30, 1969: The club, closed shortly afterits reopening, is deeded to the Schilling family,who plan to renovate and expand it.April 1970: The Schillings obtain a buildingpermit for a $170,000 remodeling.June 21, 1970: A predawn fire destroys muchof the unoccupied structure, still underconstruction. A state arson investigation willprove inconclusive.

Feb. 10, 1971: The new Beverly Hills Supper Club opens to the public.Feb. 26, 1971: The Enquirer reports that the club reopened ‘‘without remedying 10major safety defects outlined by the state,’’ including flaws involving stairwayenclosures and exits. The article says the state did not conduct a final inspection atthe site and that the state fire marshal had not approved the club for occupancy.Officials in Kentucky play down the controversy, saying they have been assured allhazards have been corrected.July 8, 1974: The Schillings apply for a building permit to add a larger showroom.Aug. 10, 1974: A small fire, apparently caused by a short circuit, breaks out in theclub’s main electrical control panel. The flames are put out with an extinguisher. Aninsurance claim puts damage at $1,635.Nov. 11, 1974: The new showroom, the Cabaret Room, opens to the public.

1975: Construction on the Zebra Room, designed to accommodate smaller parties,is completed.1976: Construction on the Garden Room is completed.Jan. 27, 1977: A state-ordered fire inspection concludes that ‘‘in case of emergency,evacuation should be no problem with existing exits.’’May 28, 1977: Fire destroys the supper club.May 29, 1977: The bodies of 26 more victims are removed from the Cabaret Room.June 1, 1977: Two bodies are discovered in the Viennese Room.June 2, 1977: A patron, injured in the fire, sues for damages in federal court, thefirst such suit to be filed. By 1985, the settlement to victims will reach $30 million.June 25, 1977: Patricia Brown, 40, of Lexington, Ky., dies of injuries suffered in thefire, bringing the death toll to 163. Her husband was among the dead.July 2, 1977: Clarence Gripshover, 48, of Covington dies of injuries, bringingthe death toll to 164. Three couples he had accompanied to the club wereamong the dead.

July 13, 1977: A report by State Trooper Kenneth Woodsaid ‘‘all the physical evidence’’ pointed to a hidden

fire in the Zebra Room and the ‘‘only source’’of ignition would have been electrical.July 18, 1977: State Police Det. Sgt. JamesA. Perry reports that some exits hadappeared to have been illegally locked.Sept. 16, 1977: Gov. Julian Carroll’s specialtask force files a report calling the BeverlyHills building ‘‘an electrician’s nightmare’’and concludes that ‘‘the only participantsin the tragedy who were clearly ignorantof the latent danger hidden behind wallsand within concealed spaces were thepatron-victim.’’ Structural problems, thereport said, included substandard wiring,flammable building materials and a shortage

of exits. It said that ‘‘many of these codeviolations were known by the insurer, the

operators and owners, and were noted as concernsas a matter of record in the fire marshal’s office.’’

Other problems it identified included ‘‘grossovercrowding’’ and ‘‘myopic’’ inspection efforts. The task

force found it ‘‘baffling’’ how the state fire marshal’s stafffailed to communicate adequately with the state Insurance

Services Office that repeatedly inspected Beverly Hills during the1970s and reported fire hazards.

Sept. 19, 1977: Gov. Julian Carroll condemns ‘‘a shocking amount ofcomplete and total disregard by the owners of Beverly Hills for the safety

of the patrons.’’ He predicts indictments.Feb. 23, 1978: A special grand jury is impaneled to investigate whether crimes

were committed in connection with the fire. During the coming months, dozens ofwitnesses testify and hundreds more written statements are submitted.March 1, 1978: Barbara Thornhill, 35, of Delhi Township dies at Cincinnati GeneralHospital, the 165th and final fatality attributed to the fire. The death toll included herhusband, his two sisters and his pregnant sister-in-law.Aug. 2, 1978: The grand jury concludesthat neither criminal negligence norstructural problems were responsible forthe deaths. The jury report blames thevictims’ ‘‘panic’’ and notes that CabaretRoom patrons, ‘‘even though notified toevacuate, failed to react and remainedseated until the conditions of the roomitself indicated the need to exit. By thistime in some instances it was too late.’’February 1979: A special prosecutorconcludes that ‘‘nothing is to be gainedfrom additional efforts to pursue criminalprosecution in connection with the fire.’’1980: Civil suits against the club ownersare settled out of court.Oct. 18, 1986: An appellate court rulesthat the state fire marshal’s office has noliability to victims.

A CHRONOLOGY

This is an artist's rendering of the modelused in a trial to show constructionmethods and code violations.

Second floorGuests gathered in the second floor'sCrystal Rooms were among the firstto notice smoke, other than those inthe area of the Zebra Room.

The Cincinnati Enquirer/Randy Mazzola

Source: The Investigative Report to the Governor of Kentucky, submitted Sept. 16, 1977

S U N D A Y , M A Y 2 5 , 1 9 9 7

6 7

T H E C I N C I N N A T I E N Q U I R E R

Exits–Are indicated in red

75

71

275

471

27

CINCINNATI

Ohi

o

River

River

CAMPBELLCOUNTY

KENTONCOUNTY

OHIO

KENTUCKY

Alexandria

Pike

SOUTHGATE

Licking

Beverly HillsSupper Club

Vienn

ese R

oom

Caba

ret Roo

m

Garde

n Roo

ms

Empir

e Roo

m

Maindin

ingroo

m

Kitch

en

Mainba

r

T H E B E V E R L Y H I L L S F I R E

Cabaret RoomTable arrangement takenfrom a hostess' recollection.

Soun

dbo

oth

Ladie

sro

om

Mens

room

Servi

ce ba

r/

Cash

ier

Dishwasher

Closet with an

unlit exit s

ign

above door

Bath

-ro

om

New showroom: Richard Schilling Sr. the owner (left) in the Cabaret room

Aftermath: Debris from the 1970 fire.

Dress

ingro

om

Stair

s to 2

nd flo

or

dres

sing r

oom

Stag

e

Hallway

to m

ain ba

r

and Z

ebra

room

Two s

ingle

doors

camou

flage

d

to loo

k like

part o

f the w

all

Sing

le do

or

to Gar

den

room

s

Double

doorSing

le do

or

Hallway

Aisle 1st level

2ndlevel

3rdlevel

4thlevel

2ndlevelChairsin aisle

3rdlevel

4thlevel

2nd l

evel

Hallw

ay

Storage

Double

door

Exit (no signabove door)

Chair

s on r

amp

Chairs on ramp

Exit single door

(no sign above door)

Cashier

Hallway

Single door

to storageDoubledoor

ExitdoorExitdoor

Smok

eSm

oke

Dish-

washin

g

Storag

eroo

m

Ladie

sroo

m

Mens

room

Foye

r

Under

cons

tructi

on

AirwayStai

rs

Chec

kroo

m

Crystal Rooms

Mens

room

Ladie

sroo

m

Stairs

Stairs

No. 12 non-metallic wire

Floor deck

Partition walls

Steel roof spans

Wood framing

Tapestries

Foam padded furniture

Carpeting

Decorative paneling

Combustible ceiling tile

Insulation material

2nd floor joist

2nd floor underlayment

Chapel