Poll Question:
Do you think there should be a uniform innkeeper statute? The innkeeper statute limits the innkeeper's liability for loss or theft of a guest's property. Currently, the statute varies across all 50 states.
Couldn't make it to the 2010 Hospitality Law Conference?
To purchase conference materials (Conference Summary Notebook and USB Drive with papers and PowerPoints) for $199.00, please contact Claudia Aslin.
Edited by the Loss Prevention Management Institute
An Affiliate of HospitalityLawyer.com
April 2010 • Vol V, Issue 2
In this edition:
- Insurance Law and Risk Management: Data Security
- Hotel Law Operations - Meth Labs
- Fire Safety - Prescriptive or Performance - You Make the Call
- What's New at HospitalityLawyer.com
- Industry Resources
- Job Posting
- Dates Set for 2011 Hospitality Law Conference
Insurance Law and Risk Management
Data Security: Insurance and Risk Management Issues
by Joshua Gold, Anderson Kill
When guests check in to their favorite hotels, they entrust more than just their jewelry, passports and luggage. They also entrust their data. Whether customers are working wirelessly, using the business center or asking the concierge or front desk to receive and transmit data for them electronically, an amazing amount of customer data is flowing through and off of the premises. Some of it is sensitive, private, and valuable.
The risk of data theft has never been greater. The cunning encompassed by hackers, viruses, spyware, malware, etc. grows exponentially each year. Data security is always in catch-up mode. Nevertheless, the risk of data theft can be minimized through prudent risk management.
Hotel Law Operations - Meth Labs
Meth Labs in Hotels Pose a Dangerous and Significant Challenge
by Ray Ellis
Previously Published in the January/February 2010 Rooms Chronicle
In recent years, a do-it-yourself drug has entered the American drug culture. Methamphetamine is a psychoactive stimulant drug that poses a unique challenge for hotels because the drug can be manufactured almost anywhere where there is a contained environment free from public observation, such as basements, apartments, RVs in remote locations, rental cabins, and certainly hotel rooms.
This article provides insight to hoteliers about what to watch for, how to identify potential meth "cookers", and how to deal with the clean-up process if your hotel becomes a meth lab site.
Click here to read more
Hotel Law Operations - Fire Safety
“Prescriptive or Performance: You Make the Call” Part I
By Robert A. Neale, Deputy Superintendent, U.S. National Fire Academy
Prescriptive design enjoys a long history in the United States. In many ways, it establishes a “culture of design” where buildings and structures assume standardized – and often bland -- design elements from one community to another. Due to both marketing decisions and building code limitations, covered shopping malls assume a surprisingly similar look and feel. High-rise office buildings begin to look alike. National chains of fast food restaurants, motor vehicle service stations and business service centers share common themes and features.
One complaint about prescriptive design is that due to code-mandated redundancies (i.e. fire resistive separations and automatic fire suppression equipment), increased construction and operational costs occur without a concurrent increase in occupant or building safety. Local amendments to building and fire codes also may restrict designs to meet local conditions and further increases development costs.
But what about those circumstances and projects where it is impossible to meet current prescriptive codes? How does an architect express himself or herself aesthetically while fulfilling a client’s special need? How can old or historically significant buildings be salvaged for re-use while improving their life safety and fire protection features? How do we encourage creativity in design and materials to compete in an increasingly competitive global marketplace?
One answer is to enable flexible “performance” techniques in building design and operations.
Part II, focusing on Performance-Based Codes, will be published in the June Loss Prevention & Risk Management Newsletter.
What's New at HospitalityLawyer.com!
We are excited to announce hotel and restaurant law, safety, and security webinars.
HospitalityLawyer.com offers the following upcoming live legal, safety, and security webinars, including:
-
April 28, Hotel Management Contracts: Getting to Yes, presented by Albert Pucciarelli, McElroy Deutsch Mulvaney & Carpenter, and San San Lee, Law Offices of San San Lee
Visit our on-demand library of webinars by clicking here and selecting the "On-Demand Webinars" tab.
Visit our Solutions Store for forms and checklists.
HospitalityLawyer.com Safety & Security Library
Visit the Safety & Security Library for articles on hotel safety, fire protection, hotel security, crisis management or disaster preparedness, mitigation and recovery, crisis communications management, insurance, violence in the workplace, the Occupational Safety and Health Act (OSHA), the Environmental Protection Administration (EPA) initiatives, and those requirements under the Americans with Disabilities Act (ADA) that directly affect hotels and restaurants.
Merlin Law Group Property Insurance Coverage Law Blog
The Merlin Law Group publishes a Property Insurance Coverage Law Blog, covering insurance issues. Read the latest posts on sinkholes, insurance policies, and more.
Fire Protection Management Tips - The following U.S. Fire Administration Coffee Break Trainings will be of interest to the industry:
Robert Neale, Deputy Superintendent, National Fire Academy, United States Fire Administration, offers the following commentary on the above Coffee Break Training:
This is a photograph of a double-row rack array of Class II flammable liquids, and therefore falls under the guidance of NFPA 30, Flammable and Combustible Liquids Code, Chapter 16 for fire protection, not NFPA 13. In this particular case, the following requirements apply:
"16.5.1.3 In-rack sprinklers shall be installed in accordance with the provisions of NFPA 13, Standard for the Installation of Sprinkler Systems. In addition, the following modifications shall apply: [emphasis added]
- Alternate lines of in-rack sprinklers shall be staggered vertically in the longitudinal flue space.
- Sprinklers in multiple-level in-rack sprinkler systems shall be provided with water shields unless they are separated by horizontal barriers or are specifically listed for installation without water shields.
- A vertical clear space of at least 6 in. (150 mm) shall be maintained between the sprinkler deflector and the top of the tier of storage.
- Sprinkler discharge shall not be obstructed by horizontal rack structural members.
- Where in-rack sprinklers are installed below horizontal barriers, the deflector shall be located a maximum of 7 in. (180 mm) below the barrier.
- Longitudinal and transverse flue spaces of at least 6 in. (150 mm) shall be maintained between each rack load.
Please note that in sub-paragraph (3) "A vertical clear space of at least 6 in. (150 mm) shall be maintained between the sprinkler deflector and the top of the tier of storage." Here, the 18-inch "rule" does not apply.
The reason is that flammable and combustible liquids have latent heat potential 2-3 times more than ordinary combustibles, have a much greater rate of heat release, and -- especially in high-piled or rack configurations -- create a substantial fire challenge. Having the sprinklers close to the fuel is desirable for the early application of cooling water.
- Clarification on Smoke Detector Placement for Elevator Recall
Special thanks to Tom Daly, Principal of The Hospitality Security Consulting Group, LLC, who requested a clarification for the above Coffee Break Training. Daly notes, "The data. . .first states (correctly) that smoke detectors ‘shall’ be located on the ceiling (per NFPA 72 Sec. 21.3.5) but then states that such smoke detectors may be located on sidewalls. Further the photo shows a smoke detector installed neither on a ceiling nor on a sidewall and some 6 ft. below the floor deck rendering it a clear code violation."
We received the following clarification from Robert Neale, "It is a clear violation of the prescriptive requirements of NFPA 72. However, 72 allows a "performance-based design alternative." If a competent fire protection engineering analysis shows this arrangement provides equivalent protection -- and the approving code official accepts it -- then it is deemed prima facie evidence of compliance with the Code. (Please see the last full paragraph of the Coffee Break bulletin)."
Regarding the illustration, the USFA representative goes on to explain, "[U]nder the right conditions the local code official could accept this installation as a "performance-based" alternative. If, for example, a competent engineering analysis showed that this location would enable the smoke alarm to operate the Phase I recall, the code official has the authority to accept this as an alternative design to the prescriptive code requirements. Generally, this engineering analysis is an expensive proposition, so it likely wouldn't be done for something as small as this smoke detector placement. All of the model building and fire codes allow the code official to accept "alternate methods and materials" if strict code compliance can't be achieved."
The USFA representative also noted the USFA offers a course entitled "Evaluating Performance-Based Designs" specifically to give code officials the tools to evaluate these unusual applications.
Note: For more information on prescriptive and performance-based codes, please read the article above "Prescriptive or Performance: You Make the Call."
A corporate position has become available in the central coast area of California. This position will encompass HR, Loss Prevention, and Claims Management. For more information, please email Jim Stover at Jim_Stover@AJG.com.
Save the Date for the 2011 Hospitality Law Conference
The 2011 Hospitality Law Conference is scheduled for February 9-11, 2011, in Houston, Texas. Mark your calendars to not miss this one-of-a-kind conference!
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