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WEST MELBOURNE, Fla. - FOX 35 has learned that the Phantom Fireworks store in West Melbourne that became engulfed in flames after it was struck by a vehicle in November did not have a sprinkler system.
The store's owner and a spokesperson for Brevard County Fire Rescue both confirmed to FOX 35 on Friday that the business did not have a sprinkler prevention system, despite storing and selling fireworks.
City Manager Tim Rhode said that the building was constructed before city code required sprinklers in businesses like that, therefore, it was exempt from the new requirements.
John Marcano, 53, was killed after he drove through the front of the building on Nov. 28, 2022, which then ignited the building and the fireworks. Florida Highway Patrol said Mercano rear-ended another vehicle, and then lost control and drove into the business. The cause of the crash remains under investigation.
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Marcano was on his way to pick up his kids from school, according to family. His sister was angry to learn about the lack of sprinklers.
"I’m horrified," Minu Marcano said. "How was that allowed? Why was it allowed?"
After another car crashed into the same building on Thursday, less than three weeks after the fire, Marcano is asking why there aren’t barriers.
"It didn’t even have barriers," Marcano said. "Okay, let’s say it didn’t have fire sprinklers, but how about the barriers in front that are in front of ATMs, restaurants? I’ve seen them everywhere. I went to a Denny’s, even the Denny’s had them in front."
Officials said the employees inside the store were able to make it out safely. Phantom Fireworks said it intends to rebuild the store, though it's unclear if it will be built in the same spot or somewhere else.
FOX 35 asked the vice president of Phantom Fireworks, looking back if the Melbourne store should have had sprinklers.
"Obviously, sure we would have done it different, but it wasn’t required," said Bill Weimer. "We were newer in the business back then, and we’ve learned a lot since then."
The City of West Melbourne confirmed the store would have been grandfathered in, even though rules requiring sprinklers have changed since the store opened decades ago.
Weimer said any new stores going forward will have barriers, high-volume sprinklers, and other safety precautions.
"It is a tragic loss," Weimer said. "For us, we can rebuild. Unfortunately for the Marcano family, it’s an irretrievable loss and our hearts go out to the whole family."
A couple of days later, four people were killed after fireworks ignited in an Orlando-area warehouse. Orange County leaders said they are questioning safety issues over whether the company was even allowed to store fireworks in the warehouse. A county commissioner is saying officials didn’t even know fireworks were inside the building.
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The fire killed four people: Landon Bourland, 24; David Gonzalez, 22; Lindsey Phillips, 23; and Elizabeth Tiralongo, 22. Several others were injured in the fire, including 27-year-old Lindsey Tallafuss who is fighting for her life in the hospital after being burned on 62% of her body.