Cafe May Be Cited for Fire Hazards

Popularity has its price.

An inspection of the Border Cafe that cited fire hazards and overcrowding has prompted the Cambridge License Commission to consider disciplinary action that might leave the establishment without its liquor license.

The Nov. 1 inspection found packed aisles, blocked exits and customers spilling into the street, obstructing the sidewalk and creating a fire hazard.

Licensing investigator Henderson Headley and fire captain Lawrence Ferzani also reported that a non-required exit was blocked by a table, exit signs were not properly illuminated and excessive grease on sprinklers and ventilation equipment could impede operation in a fire.

"In my 32 years, I have never observed such a lack of sensitivity to life safety," Ferzani said.

But Kevin Crane, attorney for the Cafe, disputed Ferzani's conclusion, presenting 90 minutes of testimony to the commission.

He said the inspectors could have easily miscounted the number of patrons, noting the inspectors counted only four more customers than the regulation allows.

Crane also said the capacity set by the commission of 279 sitting patrons is less than the 289-person capacity set by the building code and that the building code ought to apply.

Ferzani disagreed.

"It was so crowded you couldn't move. It was like a big sausage factory," he said, expressing concern that patrons would not be able to escape in the event of an emergency.

Crane further said the restaurant should not be penalized for blocking an exit that isn't even required by the building code. And he also said the restaurant quickly corrected the grease on the sprinklers and filter by replacing most of the former and increasing the cleaning frequency of the latter.

Crane told the commission that the conditions described by Ferzani were neither life-threatening nor in violation of state code.

"This is a fairly common situation," said Paul Sullivan of the Sullivan Code Group.

When Sullivan urged the commission to look "at the big picture," audience members responded with dissatisfied murmurs.

The commission did not take kindly to Sullivan's defense, either.

"My trade is putting out fires," said Fire Department Chief Kevin J. Fitzgerald, one of three commissioners. "But my real trade is keeping them-from starting. Have you ever signed [a form] where you have to list a dead person?" Fitzgerald asked Sullivan.

Crane also argued that the commission lacked the authority to restrict standing capacity and promised an appeal.

Fitzgerald again disagreed with Crane.

"The fire department has the right to legislate. Not these people," he said, pointing at Sullivan and another witness. "It lies on my back. We owe that to the people."

The commission voted to take the matter under advisement and will render a decision on Jan. 30.