Republican U.S. Senate candidate Scott Brown (second from left) is shown with Brick House Grill employees Christopher Schaffer, John Flynn and Patrick Mastrorilli who had planned on serving hundreds of residents at the Winter Stroll in Nashua on Nov. 29. Courtesy photo/Brick House Grill

NASHUA – Five seasoned employees of The Brick House Grill traveled from Revere, Mass. eager to open their food truck and serve hundreds of Nashuans who poured onto Main Street for the 30th annual Winter Stroll on Nov. 29; however, nothing went according to plan.

According to a statement released by Brick House, upon arrival at the event, the business’ employees were told by the Downtown Nashua Association that their setup was acceptable but that an additional outdoor sink “should be added next year.”

Thirty minutes later, the city’s Environmental Health Department decided that the food truck could not open as there was no additional outdoor sink.

After 90 minutes of protest, Brick House was given the opportunity to open. However, by that time, the number of customers had dwindled dramatically. Therefore, Brick House employees decided to remain closed. As a result of the incident, the business suffered a “significant operational and financial loss.”

On Nov. 10, Brick House submitted pictures of its setup to the Environmental Health Department as well as all the necessary paperwork, including the Hawkers and Peddlers license.

The Brick House Grill food truck without any customers during the Winter Stroll in Nashua on Nov. 29. Courtesy photo/Brick House Grill

The food truck was in compliance with all safety and operational requirements including having an emergency shutoff valve, a carbon monoxide detector as well as being up to date with all fees and permits. Brick House had also notified city health officials that its setup would include one trailer and one tent, which was approved as a “single vendor space.”

On Dec. 3, Brick House was informed by the city’s Risk Management Department that the sink was not the problem. Rather, it was that the food truck’s tent canopy did not meet the fire safety regulations.

The New Hampshire Division of Fire Safety states that: “If temporary heating is installed, carbon monoxide alarms shall be provided. Tents located adjacent to a building shall not obstruct egress or sprinkler systems under canopies. Fire protection system inspections shall be completed in accordance with the State Fire Code.”

The city’s Building Safety Department states that: “Applicants for all tents or canopies requiring a permit must submit a certificate of flame resistance.”

The tent canopy used by Brick House was approved by the California Department of Forestry and Fire Protection, which runs a national testing program for flame-retardant fabrics. This program is honored in seven states, including New Hampshire.

For the past three years, Brick House has operated a food truck at more than 100 events without incident. The business maintains that Nashua Fire Rescue never inspected the tent and that the actions taken by the Environmental Health Department were “not based on the actual law.”

Although Alyssa O’Mara, executive director of the Downtown Nashua Association, said Brick House would be refunded the $1,100 rental fee, those funds had not been paid out as of Dec. 4.

The Environmental Health Department did not return calls seeking comment.