town officials, most notably Larocque, who inspected the club at least three times in the months before the fire and never cited the foam as a fire hazard.
Larocque, a broad man with a thick, graying moustache, had a reputation for being a tough fire inspector. A career firefighter who became the local fire marshal five years earlier, he noticed code infractions and didn’t hesitate to report them, even in businesses owned by friends like Laboissonniere.
When investigators first questioned Larocque about the foam, days after the Feb. 20, 2003, fire, he said he didn’t see it because he had been blinded by anger after seeing that an illegal door he had ordered removed had been reinstalled.
That door, which swung inward instead of outward -- a potential safety impediment in an emergency -- had the flammable gray, egg-crate-shaped foam glued to its interior side.
Four months later, in June 2003, Larocque told grand jurors that he never saw the foam because he was not doing a “full building code-compliance” inspection.
Larocque said his trips to the nightclub were for the renewal of the club’s annual liquor license. Those inspections focused primarily on the “four E’s ... That’s extinguishers, emergency lighting, exit signs and egress. These are inspections geared toward those basic items.”
But some grand jurors seemed dissatisfied with his explanation. One asked how Larocque could have missed the foam because it covered one side of that door he was so angry about.
“The door itself, again, shouldn’t have been there, number one, so I’m not really focusing on what’s on the door,” Larocque said. “My inspection at that time is what I said earlier, was -- it’s a basic fire safety inspection.”
“But if you see another potential hazard” -- the grand juror tried to continue before a prosecutor interjected and the conversation veered in another direction.
Larocque, now 56, was never charged with any crime. Prosecutors said it would be irresponsible to name him as a potential defendant because no reasonable person could find that he acted in bad faith or with malice, two ingredients required under state law to find a public employee liable for actions on the job.