PATTON REPORT NO.
38
THE RESTAURANTEUR
A VICTIM OF THE FIRE REGULATIONS
© 1975 Patton L ife Sa et S st s, Inc.
Year after year thousands of small businessmen —
restaurant owners — are financially devastated by fire. Each
week, 500 restaurants and clubs suffer serious fire damage.
If we could collect the 25,000 restaurant fires that occur
annually, pool them and call it a flood or an earthquake, the
President of the United States and Congress would be rushing
to the aid of this industry. A "National Disaster" would be
declared and millions would be appropriated to help with the
restorations. But because these businessmen are ruined finan-
cially, not in one giant event, but on a random basis, this
multitude of small devastations is taken for granted and
accepted as inevitable.
If a business is destroyed does it really make a difference to
the victim that he suffered a loss as a random event rather than
as a part of a cataclysm? To the businessman who loses his
business, a loss is a loss, is a loss.
A VICTIM OF OUR FIRE REGULATIONS
The underlying fire problem is not fire at all. No indeed!
The restaurant owner is a victim of our fire regulations.
Consider these facts:
No. 1: The fire protection system most universally
applied to the restaurant (often under force of
law) will protect the restaurant against less than
18% of the fires that occur.
No. 2: The vast bulk of the restauranteur's expendi-
tures for fire safety are channeled to insurance.
But, in the event of a major fire the compen-
sation from insurance will be so inadequate (in
terms of the total loss sustained) that 50% will
never return to business, and 40% of those that
do manage to reopen will fail within three
years. Thus, 70% of the restaurants suffering a
major fire loss will not survive. (For an
explanation of the differences between the
insured loss and the total loss, see Patton
Report No. 28.)
Patton Report
40) A PUBLICATION DEDICATED TO HUMAN FIRE SAFETY
Published Bimonthly, 6 Issues Per Year By Patton
6075 Cleveland Avenue, Columbus, Ohio 43229
f y y em
No. 3: For a small percentage of the total insurance
expenditures, the restaurant owner could pur-
chase a nearly foolproof protection system to
save him from 100% of the fires that occur (and
then obtain insurance for much lower cost)
except that our existing fire safety laws and
regulations act to prevent him from obtaining
such protection.
In summary, the fire solutions offered to the restaurant
industry are not solutions at all; and the true solution to fire is
maintained by law unavailable to this industry.
THE LOBBYIST
One of the results of the Watergate investigations is that the
United States public is only now beginning to realize how
special interest groups affect legislation. There are thousands
of registered lobbyists in Washington. The primary function of
these lobbyists is to influence legislation favorable to the
group represented.
This is not all bad. Many political experts argue that
lobbying is a normal function in a democracy. But where does
lobbying end and influence peddling begin?
The public normally has some safeguards against cor-
ruption. These safeguards include: a) the registration of
lobbyist, b) an open legislature, c) periodic elections, d) an
alert press, e) financial disclosures by elected representatives.
But even with these safeguards, abuses occur and influence
peddling is rampant.
A NONELECTED SPECIAL
INTEREST LEGISLATURE
But now let us look at the development of our fire safety
regulations. Surprisingly, the most extensive and widely used
fire regulations in this country are not a product of Congress,
nor are they a product of State or Municipal legislatures. Our
vast array of fire regulations (our "National Fire Codes") are
produced by a nonpublic organization called the NATIONAL
FIRE PROTECTION ASSOCIATION. The NFPA operates
without the public safeguards enumerated above. This code
writing organization was founded by the fire insurance
industry in the 1890's, but is now "independent."
NFPA is by far the single most prolific producer of fire
regulations in the world. More than two hundred fire codes
produced by NFPA are adopted and enforced by Federal,
State, and Local authorities. These codes affect every business,
and every man, woman, and child in the United States.
If special interest groups are able to influence our Federal
lawmakers, in spite of the fact that they are closely observed
and accountable to the electorate, isn't it logical to assume
that there also are improper influences involving the NFPA
appointed lawmakers?
As discussed above, the Washington lobbyists must register,
but who controls the NFPA lobbyists?
If a state was considering enacting a law requiring that a fire
protection system be installed in every restaurant in the state,
this would initiate much public debate and attention. Those
who have to pay the bill would at least have an opportunity to
voice their opinions.
But let's assume the NFPA Fire Codes applying to
restaurants are already adopted and being enforced by the
State. Now, suppose a small group, meeting in Boston, decides
to amend an NFPA code to increase fire protection costs for
all restaurants. It can be a "fait accompli" before those who
must pay the bill are even aware that the action is being con-
sidered. Yes, literally overnight, an NFPA code revision can
become a Federal, State, and Local Law.
How many restaurant owners know what NFPA is doing?
How many restauranteurs have been consulted by NFPA when
NFPA is making decisions vitally affecting this industry? How
many managers of restaurants have ever even heard of NFPA?
THE GAMING TABLES OF NFPA
What is America's largest industry? It is my contention
that it is the "Fire Safety Industry." But it is mostly invisible.
At least 20% (and in some instances as much as 50%) of the
cost of every building in America represents a fire safety cost.
Yes, fire safety regulations can sometimes actually double
construction cost. I have personally seen such instances. When
these initial construction costs are converted to interest
charges over the life of the structure, when insurance costs are
added, when maintenance costs are added, and the costs of the
fire services, and the higher taxes, and many other costs are
included; "Fire Safety" represents a major annual expenditure
for every businessman in America.
The total cost of fire safety exceeds fifty billion dollars a
year. This represents two hundred fifty dollars or more in cost
for every man, woman, and child in this country. Fifty billion
dollars is spent based on a foundation of fire regulations and
fire safety concepts largely developed by special interest
groups. Products are marketed by writing regulations which
not only require the use of the products but actually define
those specific types which are "acceptable." This prevents
competitive and better products from being marketed.
The NFPA Fire Codes Committees are "invisable gaming
tables" where billions are gambled, and won or lost. For
example, if the steel and concrete industries win a major code
provision requiring "fireproof" construction for an industry
class (thus limiting the use of wood construction) a battle of
major significance is won. Construction costs spiral upward.
The increased costs must be built into consumer goods. The
2
public pays the tab completely unaware of the battle that has
been fought and won for his dollars.
The unsuspecting public, including the restauranteur, is
destined to come up a loser regardless of which side wins.
Why? Because it is his money that is in the pot the players are
gambling for.
CORRUPTED SAFETY SYSTEMS
The power to control is the power to prostitute. Good
things come from a free market. For example, let's consider a
si mple hose line.
There are many uses for a hose line. One is to water the
lawn. Another is to extinguish a fire.
The making and the marketing of hoses for watering the
lawn has been maintained free commerce. Manufacturers have
been allowed to compete freely to produce a better garden
hose. As a consequence, the homeowner can go to his
neighborhood market today and buy an excellent hose and
nozzle for a price range between $5.00 to $20.00. This hose
and nozzle is so simple of design, so handy in size, that even a
child can use it.
Now let us look at our fire hose. The first thing to realize is
that the "just right" sized garden hose for humans is un-
acceptable. Why? Because:
A. You can not sell a "fire hose" for $150.00 if an
"equal" hose is available at the corner "drug
store" for $10.00.
B. You can not sell an expensive U.L. "label" on the
hose if it is already guaranteed or approved by
Sears & Roebuck or Good Housekeeping.
C. You can not produce and sell a 40 page standard
and set of operating procedures for a hose and
nozzle of such simple design that everybody
already knows how to use it.
So, if we could take the garden hose (which has evolved,
through trial and error, to be of ideal size for use by humans)
and use it for the purpose of fighting fires; why then, there
would be no need for U.L. Labels, NFPA how to do it
manuals, and special manufacturers of fire hose.
This leaves the code writers, the label sellers, and
"approved" fire hose manufacturers two choices; namely:
A. Make a hose too small, or
B. Make a hose too large.
They opted for both.
The first variety of improperly sized "fire hose" comes in a
21/2
self-contained, gallon variety. It is a portable hose (if you
have a strong back), called a "fire extinguisher," and it gives
out a pencil lead thin stream of water for 50 seconds. Research
shows that a small straight stream is the least effective way to
use water for fire control. This "fire extinguisher" and its
companions require a 40 page NFPA standard to explain their
use.
21/2
Would you buy gallons of water for $30.00 if there
were no laws forcing you to do so?
11/2
The second variety of improperly sized hose is the inch
fire hose that sells for about $150.00. But, it's too big for
humans to handle (unless you have two or more strong and
well-trained professional fire fighters per hose line).
11/2
Putting the inch hose at high pressure in the hands of an
amateur fire fighter is like putting a loaded gun in the hands of
a child. (It's a dangerous weapon being handled by someone
who doesn't know how to use it.)
11/2
Federal studies have shown that the inch hose is rarely
used during a fire (except by firemen who carry their own
hose). The GSA (which constructs and manages Federal
 Buildings) has a policy not to install 1% inch hose lines in
Federal Buildings.
However, throughout America, thanks to our fire regula-
tions, we have two types of fire hose, one too small to be very
effective, and one too big to be used by nonprofessionals; but,
the prices are high, the regulations are selling, and the labels
are in demand. And, government inspectors (Federal as well as
State and Local) have been maneuvered into being the sales
force.
In a nutshell, there is the difference between free enterprise
and controlled markets. Freedom leads to research, improve-
ment, and rejection of the inappropriate. Controls lead to the
marketing of inferior systems at inflated prices. The ability to
control is the ability to prostitute.
TWO SIDES OF THE FIRE PROBLEM
There are two sides of the fire problem. There are those
who suffer from fire. Then there are those who benefit from
fire. Those organizations which have profits linked to fire are
the organizations that spend the time and the money to
influence the NFPA codes. Those who suffer the fire losses
often do not even know what the NFPA is.
THE RESTAURANT PROBLEM
Our present fire safety systems and procedures for
restaurants are like the fire hose — expensive; labeled and
approved; and too often they are also ineffective.
The restaurant owner is sold an expensive system in the
range hood, but this particular type of fire represents only
18% of the fires that occur in restaurants (by NFPA's own
statistics). Further, the hood fire is most likely to occur when
the restaurant is occupied. But other fires, not guarded against,
will often occur after closing. These fires grow silently and are
usually discovered when it is too late to save the property. So,
the "minor" fire problem is solved (which lulls the owner into
complacency) and the serious fire problem is ignored.
Now let us look at a logical way to protect all areas of all
restaurants at all ti mes. Every restaurant already has a water
supply adequate to control a small fire. We have had docu-
mentation that 25 to 50 GPM is adequate to control 100% of
the fires likely to occur in restaurants. A restaurant must have
this amount of water to operate the dishwasher. A practical
piping system feeding sprinklers, designed to handle 25 to 50
GPM, is not costly. Why then aren't such systems installed?
One need only probe the fire regulations and approving
procedures to find the answer.
The sprinkler design rules of NFPA — 13 have required a
four inch supply main for an "approved" system. This one
little rule alone knocked most sprinkler systems "out of the
ballpark" for restaurants before the "rules game" even begins.
"But," you may say, "If the incoming main is judged too
small, why not install a sprinkler system fed by a tank and
pump?"
But that won't work either. The smallest "U.L. approved
fire pump" is rated 500 GPM (not 50 GPM). A total of fifty
pounds of a special powder can qualify as an "approved dry
chemical system." If you use water instead of a powder,
suddenly 500 Gallons Per Minute ( which means at least 5,000
.--to 10,000 gallons total) is required.
It's the old "one — two." If they don't destroy you with
the left, they get you with the right. There are rules to keep
you from using the city water, and there are rules that prevent
you from using you own water.
3
Now what's wrong with water? Why are there so many rules
against it? Three things:
A. It's too cheap.
B. It's too good.
C. It can't be patented.
I could, of course, go on and on and on with hundreds of
examples. But why bother. I think the restaurant industry
already knows (deep down in the gut) that it is being "had" by
the regulations. They know it — the only problem is they
don't know what to do about it.
THE FIRE SERVICES ARE BEING USED
The NFPA has a "now we love you .......... now we don't"
attitude toward the Fire Services.
When it comes to putting fire service personnel on the
committees, or in charge of a committee, NFPA maintains a
distinctly cool attitude. For example, a Fire Department
standpipe system installed in building is a "lifeline" for the
firemen. Yet, there are only four fire services representatives
on NFPA Standard 14, "Standpipe and Hose Systems,"
compared to ten insurance industry representatives.
Here's another example, for fifty years, the Fire Services
have been strong advocates of the fire sprinkler system. The
Fire Chiefs recognized the vital role this system could play in
protecting the public and the firemen.. So why is only one
representative of the Fire Services on this critical committee,
while the insurance industry and the insurance testing labora-
tories supply twelve of the twenty-four members?
When it comes to giving the Fire Services representation, or
any piece of the power, the NF PA has not been very generous.
But NFPA really loves the fireman when it comes to filling
the public meeting halls at the annual convention. The doors
are thrown open to admit several thousand local firemen free
(others pay). What does this do? It fills the convention with an
army of firemen who are sincerely dedicated to advancing the
cause of fire safety, but not at all familiar with the issues.
When the committee chairman presents the latest code
revisions, which have been developed in closed meeting rooms,
those who reap the profits get equal time with those who pay
the bill. But almost invariably the thundering "EYES" of the
visiting firemen carry the ball for the NFPA committees. Thus,
the real decision making is done in the closed committee
rooms by often "loaded" committees, which makes the public
"debate" a farce.
The NFPA policy with the Fire Services could be summed
up as — "No quarterbacking please, but lend us your muscle at
the goal line."
It is this type of operation, closed-door meeting and
"loaded" conventions that has permitted the sprinkler system
to be so controlled, so distorted in price and design, that this
protection (which could all but guarantee complete and total
safety from fire for the restaurant owner) is effectively denied
to the industry. Probably 90% of the restaurants in America
are without this protection. But if it were not for the NFPA
restrictions and prohibitions, probably 100% of the restaurants
would be protected.
THE SOLUTION TO THE
RESTAURANT FIRE PROBLEM
The solution to the restaurant fire problem is not difficult.
Here is a plan, which if implemented, would make restaurant
fire losses close to zero.
1. Install a small pipe, low-cost fire sprinkler system —
throughout the premises, including the hood and duct.
 This system should be designed for a water supply of 25
to 50 GPM and an "engineered" spacing of the heads.
2. Install a "back up" thermostat on all deep fat fryers so
that if the main temperature control fails, the back up
will hold the heat below the "autoignition" temperature.
3. Install 5/8" garden hose lines and nozzles as necessary
for fire fighting. Realize that water spray (not straight
stream) nozzles are fully approved for electrical fires and
flammable liquid fires as well as normal fires.
4. If at all practical, have an automatic alarm transmitted
to the fire station or other supervised areas when a
sprinkler or fire hose line is operated.
5. At closing, gather all tablecloths and used linen and put
it all in a "laundry room" which is fire resistive. A room
with a layer of gypsum wallboard on walls and ceiling,
protected with a fire rated door and frame will do
nicely. For good measure, put a sprinkler in the room.
6. Do the same with the trash. Get it outdoors or in a
protected room.
7. Make a thorough final check for cigarettes or smoldering
fires. Turn off all unnecessary electrical circuits.
8. (For new construction) Design the duct system from the
range so that it can take a total burnout without igniting
any combustible construction.
PATTON LIFE SAFETY SYSTEMS, INC.
6075 Cleveland Avenue
Columbus, Ohio 43229
9. (For new construction) Do not use highly combustible
fiberboard ceiling tiles. Be careful of extensive use of
fabrics and decorative materials that could spread fire
extremely fast. Don't be fooled by "fire retardant
treatments" because such treatments (by which
flammable materials become "safe") look great when
tested with a match, or in controlled fire tests; but let a
real fire get going and you may be quite surprised by the
manner in which the "Flameproofed" materials behave.
Finally, and perhaps the most important, know that the
primary motivation behind many of the fire codes and regula-
tions is not to keep you free of fire, rather it is to keep you a
good market for those who are selling "fire safety" products.
If the Restaurant Industry desires better fire safety, a
reduced potential for business failure due to fire, and reduced
insurance costs; all this is possible. There is no "enforcing
agency" that can actually prevent a strong and knowledgeable
industry from availing itself of improved safety at reduced
cost. The industry is presently being exploited via the fire
regulations because the industry can be exploited. So long as
the industry as a whole remains divided and confused on fire
safety and has blind trust in those who make the profits —
that's how long the industry will be victimized by the regula-
tions.