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Earlier this week, WW reported on The North Warehouse, a club located at 721 N Tillamook St. in inner North Portland that features electronic dance music. At issue: whether the popular venue met city safety codes.
After WW filed public records requests in November and then began asking Portland Fire & Rescue and the Bureau of Development Services questions about the club last week, Fire Marshal Kari Schimel ordered it shut down Dec. 16.
Related: Fire Marshal Abruptly Shuts Down Portland’s Hottest Dance Club
Schimel took action after a fire inspector, Scott Holland, visited the club at midnight on Dec. 15 and observed the main event space at The North Warehouse was well above the capacity allowed by city code. By the time the headline act appeared some time later, the crowd grew further.
“Approximately 10 minutes after the main act started, it appeared to me that the overcrowding had increased significantly,” Holland wrote in his report from that show. “I did another physical count three separate times, with the average being 950 occupants in the main space.”
When Holland relayed that information to Schimel, records show, she ordered Holland to cancel all permits The North Warehouse had obtained for future shows.
“Due to gross overcrowding found at the event last night (12/15/2023), all remaining permits are revoked,” Holland handwrote in a message to The North Warehouse.
The North Warehouse operates in a 1924-built warehouse that does not have a sprinkler system. The city requires nightclubs that offer music nightly or nearly nightly to have sprinklers. The North Warehouse operated under different regulation, relying on temporary permits Portland Fire & Rescue issues for what are called “non-assembly” spaces, such as warehouses. Those permits are frequently used for one-time events, trade shows, weddings and other events.
That code language is here.
In a response to the WW article, The North Warehouse management, led by Scott McElroy, posted on the club’s website Dec. 20, disputing the premise that The North Warehouse exceeded city fire code capacity limits.
“The article mentioned that TNW is unsafe in terms of occupancy but did not explain how our capacity is calculated,” the response said. “Those who have been to The North Warehouse know how they feel in our space, but for those who haven’t, we believe the math speaks for itself. Our occupancy is calculated at 15 square feet per person while similar venues in the city, including ones cited in the article [The Roseland Theater], are calculated at 5 square feet per person. If we operated using this same math this would give our Main Hall at 10,000 square feet, not including the Annex or outside lot, a capacity of 1,998 patrons. We have never had anywhere near that capacity during an event. We feel that’s too many people to operate safely.”
But the fire bureau says that is an incorrect interpretation of city code.
Here’s what fire bureau officials say is the relevant section of the code: “Beginning January 01, 2018, temporary public assembly permits for non-assembly type occupancies will not be permitted in a facility that is not protected with an approved automatic fire sprinkler system when the occupant load is 100 or more and the intended use is for events that are dance parties or are very similar to a nightclub environment.”
Portland Fire & Rescue spokesman Rick Graves says that The North Warehouse has operated under the premise that his establishment was allowed 666 customers in the main performance space. But Graves says that is an incorrect interpretation.
Graves says that number is a “grandfathered” occupancy limit for other types of events—but not the kind of events The North Warehouse promoted. “The maximum occupant load permitted at 723 North Tillamook St. was 666 for events but this load is considering the space as a venue for galas, manned booth events, and bazaar type gatherings and not a nightclub dance party event.”
In other words, the capacity of 666 was OK for low-key events but not for raves. Emails and inspection reports show that the fire bureau tried repeatedly to bring The North Warehouse into compliance, but that didn’t happen.
Over the summer, it became clear to inspectors that The North Warehouse was operating over capacity and in violation of city code.
“Our policy doesn’t allow warehouses to become nightclub type venues,” fire inspector Michelle Cofield wrote to a Bureau of Development Services manager Sept. 2. “We made a mistake of trying to work with Scott McElroy and unfortunately he keeps pushing for a higher occupant load and more events.”
Graves at the fire bureau says that a warehouse without sprinklers operating as a nightclub is not a good safety risk.
“Any nightclub events held in a space without a protective fire sprinkler system will have a maximum permitted number of 100,” Graves says. “Scott McElroy argues his events are concerts, not a nightclub environment. The fire marshal disagrees, based on visual inspection of the location during an event. The permitted occupant load for a temporary night club type of event is 100 occupants in a non-sprinklered building.”
In fact, that capacity ceiling is printed on the permits that The North Warehouse obtained. Here’s an example of a North Warehouse permit.
So, what happens now? The North Warehouse had already sold tickets for several upcoming performances and, according to its Instagram page, is now trying to figure out what to do.
“At this time, we do not have a solution to our upcoming shows,” a Dec. 21 post said. “Our hope is that we can still have the shows at the warehouse. Other solutions may include rescheduling, change of venues, or refund of purchased tickets. We are looking for viable solutions as quickly as possible and will keep you updated.”
McElroy did not respond to a request for comment.