The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1997, Landmark Communications, Inc.

DATE: Saturday, February 1, 1997            TAG: 9702010292
SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 
SOURCE: BY TONY WHARTON, STAFF WRITER 
DATELINE: VIRGINIA BEACH                    LENGTH:   81 lines

BEACH HOTEL CLOSINGS UNLIKELY STATE SENATE OKS MOVING SPRINKLER DEADLINE TO SEPT. 1 MAJOR CONCERN IS SAFETY, NOT FINES, FIRE OFFICIALS SAY

A month from the existing deadline to install fire sprinklers in Oceanfront hotels, state and local fire marshals say they tend to emphasize making buildings safe rather than penalizing owners.

The city won't say whether it will fine or shut down hotels that miss the March 1 deadline. But heavy penalties have been rare.

And state legislators may extend the deadline to Sept. 1 anyway.

The Senate on Friday voted unanimously for a bill granting a six-month extension to oceanfront hotels expected to miss the March 1 deadline.

Hotels taller than three stories have had seven years to install sprinklers. Twenty or more at the beach could miss the deadline.

The bill to extend the deadline has passed each legislative phase unanimously so far, and lawmakers say they expect no opposition to surface. The House still has to vote on the measure.

``We're not interested in penalizing people; we're interested in safety,'' said Charles E. ``Ed'' Altizer, the state fire marshal in Richmond. ``Fire safety and fire prevention is our goal.''

Altizer said he'd have to look through his files to find the last time a building owner had been fined. But he said it has been at least several years.

Altizer supervises 24 full-time and three part-time marshals who inspect buildings in Virginia cities and counties that do not have fire prevention staffs.

Virginia Beach has its own prevention bureau, so the city's fire marshals don't work for Altizer. He has jurisdiction there, but he cannot set policy.

In 1990, the state required sprinklers in hotels four stories and taller that did not already have them. Hotels were given until March 1, 1997, to comply. Last month, it became apparent that some hotels would not meet the deadline.

Virginia Beach's fire marshal, L.G. Knott, said the city is still considering options and doesn't rule out closing a hotel that doesn't have sprinklers.

But other local officials agreed with Altizer that penalties are rare.

In Portsmouth, the seven-story Governor Dinwiddie hotel will have to be fitted with a sprinkler system - the only one in this area outside Virginia Beach.

Lamar Brown, a city inspector for 21 years, said that no public facility has been shut down for noncompliance in that time and that, as best as he can recall, none has ever been fined.

Capt. William Stublen, the city fire marshal, said that if the owner of the Governor Dinwiddie ``was under contract to come into compliance, I'm not sure how the city would want to handle that.''

``If he was trying to comply, then I think we would recognize that and take that into consideration.''

Altizer said state and local fire marshals have a good record statewide getting building owners to comply with fire codes without prosecuting them.

``Most of the people we deal with are interested in fire safety,'' he said.

``Very few of them don't want to comply.''

At times, he said, fire marshals have used the more forceful method of asking the local commonwealth's attorney to write a letter to an owner.

``If we go to court, those extra days in court don't make the building any safer,'' Altizer said.

``Most of the marshals I talk to have the same opinion, that fire prevention and safety of the citizens is our goal.''

Virginia Beach officials said Friday any decision on penalties will rest with the city attorney's office.

On the deadline, whether it's March 1 or later, inspectors will check to see if all affected hotels are in compliance - that a sprinkler system has been installed, inspected and approved. If not, a notice of violation will be issued and the city attorney will handle the case.

``We will review each case individually and determine what is appropriate,'' said William Macali, deputy city attorney.

Virginia Beach City Manager James K. Spore said: ``We're just watching to see if this extension bill passes.

``If they've got another six months, there'd be a much higher expectation that certainly there's no reason not to comply by then. Whatever the deadline is, if they have not complied, we'll take some action. There's really not a lot of discretion in that legislation.'' ILLUSTRATION: Chart

Are oceanfront hotels and motels adding sprinklers? For complete

information see microfilm


by CNB