June 14, 2023
Attorney Chelsea Choi successfully argued before the Fire Safety Commission Automatic Sprinkler Appeals Board on behalf Hamel’s Catering to reverse an order of the Holyoke Fire Department requiring Hamel’s to install automatic sprinklers in an existing building it uses for catering. Hamel’s Creative Catering is a full-service catering and event planning company in Holyoke. The Holyoke Fire Department claimed that Hamel’s Catering was of the A-2 use group classification and pursuant to Massachusetts law had to install sprinklers which would have cost tens of thousands of dollars.
On March 28, 2023, Attorney Choi filed an appeal arguing that Hamel’s Catering was a place of assembly which provides facilities for organized private dining events and a virtual hearing ensued on May 17, 2023.
The Automatic Sprinkler Appeals Board reviewed the legislative intent of the relevant law, concluding that nightclubs, dancehalls, and discotheques are characterized by the following: (a) no theatrical stage accessories other than raised platform; (b) low lighting levels; (c) entertainment by a live band or recorded music generating above normal sound levels; (d) later-than-average operating hours; (e) tables and seating arranged or positioned so as to create ill-defined aisles; (f) a specific area designated for dancing; (g) service facilities primarily for alcoholic beverages with limited food services; and (h) high occupant load density. The Board deciphered these characteristics to be of the A-2 group categorization.
The Board concluded that Hamels Catering was a place of assembly which provides facilities for organized private dining events that was not be subject to the automatic sprinkler requirements because Attorney Choi persuasively argued and convinced the Board that Hamel’s Catering met seven of the following characteristics: (a) the facility is used for events that feature a meal as the primary attraction; (b) the facility is used for events that are organized for the purpose of a private function; (c) attendance for each event is limited and pre-arranged between the facility operator and the private event organizers; (d) tables and chairs are arranged in well-defined aisles; (e) there are no significantly low lighting levels; and, (f) the maximum documented legal capacity is not less that 15 feet (net) per occupant.
On June 8, 2023, the Board released their decision, reversing the Holyoke Fire Department’s order.