An open letter to the citizens in Hays County Emergency Services District #8:

Ladies and Gentlemen: We are writing to express our disappointment that we were not able to resolve our differences with the Buda Fire Marshal and will be closing our business. Although it is too late for our business, we are hoping that the local community will review the impact of strict application of the new code on small businesses that do not have access to a public water supply. It is our hope that you will lobby towards modifying the code to include alternate safety requirements for businesses that do not have access to public water supply and do not have the gross annual revenues to make installations of large tanks feasible. If you do not do so, the effect will be to severely limit small business opportunity in the Buda area. In fact, Fire Marshall Duffey is already aware of several businesses besides ours for whom this is an issue. During our recent appeal, he stated that the water flow requirements are a 'huge' issue for many businesses trying to comply with code. Many types of buildings are required by the new code to have sprinklers (including many churches, restaurants, bars, garages, etc). Sprinklers cannot be installed without meeting water flow requirements. It is to be presumed that many businesses considering a move into the area will look for alternate locations rather than try to comply with the code as it stands. Following is an overview of our situation during the past months which we hope will give you a feel for what many businesses will face. In the past year our business was moved from the jurisdiction of the Hays County Fire Marshal to that of the Buda Fire Marshal. During the same period, the Buda Fire Department adopted a new fire code. From February of this year, when we learned of the change, we have been engaged in dialog with Buda Fire Marshal Mike Duffey regarding the requirements of our business . While under the jurisdiction of the Hays County Fire Marshal, we were inspected on numerous occasions and always complied with all requirements of the Fire Marshal’s Office in a timely manner. Under the new code, we are required to have a permit to operate as a 'special amusement'. Despite the fact that we have been operating in our current location for the past 3 years, Marshal Duffey made the decision NOT to treat us as an 'existing business' under the new code. The code makes separate provisions for existing businesses versus new constructions. Marshal Duffey declined to grant the permit on the basis that we did not meet the water flow requirements and that, in his judgement, we would need to build a second access road. Like many businesses in Hays county, we do not have access to a public water supply. To meet the water flow requirements, we would need to construct a 210,000 gallon water tank. This is larger than the tanks supplying many small towns and is prohibitively expensive. In addition, even if begun immediately, construction of the tank could not be completed in time for our event. On July 30, we appeared before the Hays County Emergency Services District #8 Appeals Board. Although the board does not have the authority to modify the code, it does have the authority to modify the Fire Marshal’s decision if “special circumstances made strict application of the rule that is the basis of the original decision impractical. . .and such reversal would not result in a greater threat of danger to the life or safety.” It was our contention that construction of the water tank and access road was impractical (and indeed, impossible before Halloween). In addition, we offered a plan to exceed code requirements in other areas so that we provided the same overall protection of life and safety. A few of the points in the safety plan we proposed included: Hire professional fire fighter to stand fire watch on busy nights Access to exits in under half the distance required by code Distance to fire extinguishers less than half that required by code (over twice as many fire extinguishers throughout the building as required) Dedicated safety staff on duty nightly, in constant communication by 2-way radio Upgrade our existing fire alarm system Train ALL staff in emergency evacuation procedures Limit occupancy to under 150 (building occupancy based on size is 1,000 by code) Post NO PARKING and NO LOADING/UNLOADING signs in the drive and hire additional parking lot staff to enforce (thereby preventing congestion on the access road) Execute a waiver of liability or similar document releasing Buda Fire Department from liability should a lawsuit occur due to a fire injury at our location Consideration of ANY other reasonable plan proposed by the board (none was offered) We provided examples of similar code adoptions in other areas which allowed business either a compliance period or allowed them to operate with additional safety features (such as a fire watch) when strict compliance was not practical. State Fire Marshal Bishop was on hand as a witness and provided an example of a very similar case of a rural haunted house that did not have access to public water supply. In that case, the attraction was allowed to operate after upgrading their alarm system and executing a liability waiver. After a public water supply becomes available, the business will be required to retrofit sprinklers, which also have water flow requirements. We have made several offers to install an upgraded alarm system since our first meeting with the Fire Marshal and have also expressed our willingness to install a sprinkler system as soon as sufficient public water supply is available to us. We asked the board ONLY for a permit to operate this fall, which would give us a reasonable period to come in compliance with the new code or move our business to a more suitable location. We also pointed out that there has never been a serious injury or death by fire in any haunted house that employs the safety features we already have in place! Please also note that until May 21st of this year we were operating under verbal assurances from the Hays County Fire Marshal Office and the Buda Fire Department that we would have through the end of 2007 to conform to the new codes. Despite all of the above considerations, the Appeals Board affirmed the decision of the Fire Marshal. We were not given a reason why they found the construction of a 210,000 gallon water tank “practical” nor why they rejected our plan for additional safety features. In addition, At least one member of the board was obviously a close friend of a member of the fire department. Before the hearing was held, Fire Marshal Duffey called our landlord and stated unequivocally that they would not allow us to open this year. This leads us to the opinion that the Appeals Board had no intention of giving us a balanced hearing, nor was Marshal Duffey interested in listening to any alternate safety arrangements that we might propose. We are aware that Buda and Hays County are growing rapidly and we applaud the decision of the Buda Fire Department to adopt codes to protect the life and safety of the citizens. However, we also feel that the needs of business should be examined to determine how that protection can reasonably be achieved. Until the community develops the infrastructure to support the requirements of these new codes, strict application places an unfair burden on many businesses. The code itself includes remedies for this situation when alternate safety measures can be established. However the Buda Fire Department and Emergency Services District #8 seem unwilling to explore alternate measures even during a short compliance period. In 2004, we were pleased and excited to move into Hays county. We have been producing haunted houses since 1988. Before we moved into the area, we contacted state and local officials regarding our code requirements and made sure to comply with all their requests. We spoke to Hays County Fire Marshal Mark Chambers about our requirements before ever signing our lease. Over the past years, we have been inspected repeatedly. We have an outstanding safety record in all respects. We carry liability insurance. We pay sales and property tax to the county. We hire locally. We support the local school paper with our advertising. Our attraction drew visitors from outside the town and county into Buda. We provide safe, drug-free entertainment for youth and families. In short, we feel we have made a positive contribution to the Hays/Buda community. This experience has left us angry and bewildered. As you might imagine, we have endured the mental anguish of months of uncertainty as to the future of our business while we were told first one thing and then another with regards to our requirements. In addition, our business will suffer a financial loss due to the months of rent, utilities, insurance and other expenses we have paid to maintain the building in expectation of our fall production. We would certainly never consider opening another business in the Buda area. Sincerely, Stephen and Sharon Laurent

Click here to see the News 8 Austin Story

The Buda Fire Department says they are just trying to keep the community safe. Was the Nightmare Factory a dangerous place to bring my family?

We are extremely offended by the implication that our operation was not safe! Remember, the haunted house was inspected repeatedly by the Hays County Fire Marshal's Office. We have almost 20 years of experience in producing large-scale haunted houses and an exemplary safety record. Before moving to Buda and building the haunted house, we contacted the fire marshal and discussed with him with our safety plan. Over the past three years, we have immediately complied with any recommendations of the Fire Marshal. We think the Hays County Fire Marshal's Office would be very surprised by the implication that they have been allowing a business to operate that is a danger to the public.

Can you give us an example of some of your safety features?

The list is pretty long, but we think we can illustrate the situation with a quick example showing just a few of our safety features. Please read the descriptions of the following two assembly buildings. Which building would YOU rather be in if a fire broke out?:

• Building 1: Conforms strictly to IFC 2003 Code: There are 1,000 people inside the building. There are two exits and some points in the building are up to 200 feet away from an exit. On the way to the exits, you will find a fire extinguisher about every 75 feet. There are very few or possibly no staff inside the building.
• Building 2 (Nightmare Factory): There are less than 150 people inside the building and SIX EXITS. You are never more than 75 feet away from an exit. On the way to the exit, you will pass a fire extinguisher about every 20 feet. There are trained staff throughout the building including a dedicated safety staff to assist you to the nearest exit.

Could this happen to other businesses - or are haunted houses 'special'?

Yes, and yes. Haunted houses are special and fall under some of the strictest assembly codes in the country. However, the specific codes the fire marshal is enforcing apply to many types of businesses. We know of several specific businesses in the Buda area who would fall under the exact same water flow requirements.

What types of businesses would have water flow requirements?

For starters, any assembly that supports an occupancy load over 300. This includes churches, restaurants, bars, bowling alleys, etc. Other types of businesses include repair garages or retail stores over 12,000 square feet and any type of occupancy that is classified as 'hazardous'.

Please note that we have not researched the exact flow requirements for all these businesses, but we do know that for most it is more than what is supported by small private wells.

Aren't most of those businesses 'grandfathered' though? The wording of the code only seems to apply to new construction

Tricky. We certainly thought we would be grandfathered and so did the Hays County Fire Marshal we consulted before we leased the building. That is not how the Buda Fire Marshal interpreted the code in our case. Specifically, he claimed that we were operating 'illegally' when the code was adopted because we did not meet the state requirement for sprinklers in the building. However, the state does give the local fire marshal broad authority to interpret and apply the code and to take into account overall safety and alternate safety plans. The Hays County Fire marshal reviewed our safety plan and told us we did not have to have sprinklers. We believe we were operating legally from the moment we were inspected by the Hays County Fire Marshal! Again, many types of businesses are required to have sprinklers under strict application of the state code. We are aware of many, many businesses that would fall into this category. Most of them are in areas with no public water supply and the fire marshal has approved their overall safety in lieu of this specific requirement.

Nightmare Factory put together a very comprehensive plan which we believe made our building exceptionally safe (see the example above).

What reason did the Appeals Board give for not allowing you the permit?

None, really. They stated that they did not find the Fire Marshal's decision 'manifestly unjust'. We noticed that they did not state that they found the construction of a 210,000 gallon tank 'practical.'

Why do you think they decided the way they did?

Honestly we don't know! We do know that ESD#8 amended the fire code so that the board did not have to consist of members with a background in fire safety or suppression - it could be any 3 residents or business owners. Possibly the members did not feel qualified to judge the merits of our safety plan and were therefore reluctant to approve it. Based on conversations we overheard at the hearing, we also believe that at least one member of the board was a close friend of a Buda fire fighter, so perhaps they were pre-disposed to side with the Fire Marshal.

Who is on the Appeals Board?

Yes, we know their names but we will not post them here. They are surely part of the public record somewhere if you are really that interested.

So, you are closed for 2007, where will you be in 2008?

Between the money we spent on the last 10 months of rent and the loss of our yearly income from the haunted house, we don't think we can afford the expense of moving and starting over in a new location. We are trying to keep our options open, but right now it looks like the haunted house is closed permanently.

Why didn't you just move earlier in the year instead of continuing to pay rent in Buda?

Until almost the end of May we were operating under assurances from the Fire Department that we would have until the end of 2007 to work out any compliance issues with the new code. When they rescinded that agreement, we immediately began the permitting process which ended July 30 with the Appeals Board. Until that time, we honestly thought we would be open this fall. Also, until we were actually denied permission to open based on required modifications to our site, we could not break our lease agreement.

Gee, sucks for your landlord, too. Guess he will be losing out on some rent while looking for a new tenant?

Our landlord has been very understanding, but this is an inconvenience to him, too. If you know anyone who is looking for commercial space along I-35, please email us and we will pass along your information to him. HINT- make sure to check out the International Fire Code 2003 before signing your lease. This is the new code adopted last year by the Buda Fire Department.!

What will happen to all your stuff if you don't re-open.

Know anyone who wants to buy a haunted house. . . .? Seriously, we would prefer to find a buyer that would like to buy the complete package rather than trying to sell off the props, etc. individually. We will also consider putting together a package that includes consulting for anyone who is new to the industry. Anyone who is seriously interested can email screams@nightmarefactory.com for more information.

What about Stephen Laurent - he's been doing this for years, what will he do now?

Well, before he was a haunted house owner, Steve was an artist. You can see some of his work at Espace Laurent Gallery. He is also considering taking on some free-lance contract and consulting jobs. He has experience in everything from sound effects and lighting to latex prop construction to event production. He is very, very creative (in fact, he's had a few Disney imagineers pick his brain). If you think you have a project that would interest him, please email us.

If you have any comments about this issue, we are happy to hear from you. We would especially like to hear the thoughts of other small business owners in ESD#8. Please email:
screams@nightmarefactory.com

You can also contact your local community leaders:

• BUDA FIRE DEPARTMENT/ EMERGENCY SERVICES DISTRICT 8
• BUDA CITY COUNCIL
• HAYS COUNTY COMMISSIONERS COURT