Maine Fire Sprinkler Coalition Meeting Notes Tuesday, April 28, 2015

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Maine Fire Sprinkler Coalition

Meeting Notes

Tuesday, April 28, 2015

9:00 A.M.

1. Welcome and Self-Introductions

– Joe Thomas, Chairman called the meeting to order at 9:08 AM with 13 people present. They were:

Cotter, Patrick

Leach, Gerry

Lefebvre, Robert

McCarthy, Rich

Morris, Walter

Murray, Michael

Pendleton, David

Schmidt, Vicki

Stevens, Mark

Thomas, Joe

Travers, Tim

Veilleux, Marc

Zwicker, Katharyn

Sanford, ME FM

ME SFMO

Gorham FD

ME SFMO

MFSI

State Farm

Saco, ME FD

MSFFF

ME SFMO

ME SFMO

NFPA

MFCA

ME IPP

There was no conference call capability in this meeting room. Tim Travers emailed everyone on the distribution list to inform them there would not be a call.

2. Marshal Thomas reminded those present that he is working on assigning members to the various task groups. Please email him with the name or names of task groups you would like to serve on. The Marshal reiterated that we have to change the culture of the people, not mandate residential sprinklers.

A. State Legislative Resolve on the “Rural Fire Loss in Maine.” Vicki Schmidt requested that we strike the word “Rural.”

B. Education will be multi-faceted; MFSI and the SFMO will bring the campaign to elected and appointed officials, community risk reduction, value v. costs, land use, safety for the residents and the firefighters.

Contractors that have always followed the NAHB stance need to be shown the benefits of cost reductions with tradeoffs.

C. Marshal Thomas stated that the fire service in Maine is the weak link, referring to the fact that only about 180 of the 420, or about 40% of FDs, actually participate in the Maine Fire Incident Reporting system. The

Coalition would like to calculate the cost of fire services in Maine as it relates to the actual fire loss. Michael Murray of State Farm will research the fire loss numbers with the various insurance providers in Maine.

Marshal Thomas stated that the MMA has no documentation of the cost of fire services in Main e; but according to the US Census Bureau Maine’s

420 FDs cost taxpayers about $137M per year.

3. Joe Thomas discussed the NFPA’s FSI Grant Program and distributed the grant that he applied for on behalf of the Coalition.

4. Joe Thomas brought the group up-to-date on the upcoming MMA conference that will have a fire safety based theme, the highlights will be:

A. Joe Thomas and others will present “Community Risks Reduction.”

B. Shane Ray, NFSA President and former SC SFM will present “Are you ready for the fire?”

C. Joh n Barylic, Attorney and Author of “Killer Show” will be the key note.

D. Augusta, ME FD will conduct a SXS demonstration.

5. Rich McCarthy requested that we obtain and man a booth a future building contractor show.

6. Discussion on other groups that may challenge the RS concept:

A. Maine Real Estate Association

B. Maine Water Purveyors Association

7. Building the Coalition, Joe Thomas introduced Katharyn Zwicker of Maine

Injury Prevention, we should be looking at fires consequences:

A. Loss of productive living

B. Loss of earning potential

C. Burden on loved ones and home care givers

8. Tim Travers discussed recent actions at ICC hearing regarding residential sprinklers:

We are at risk of a major setback on home fire sprinkler requirements in the

ICC Codes, and we need ICC members who are sprinkler supporters to participate in ICC’s online voting process to help protect home fire sprinklers.

Online voting is expected to begin on Monday 5/11 or shortly thereafter and will remain open for approximately 10 days.

PLEASE VOTE AS FOLLOWS:

G33-15 – VOTE AGAINST THE FLOOR MOTION FOR APPROVAL

G42-15 – VOTE FOR THE FLOOR MOTION FOR DISAPPROVAL

BACKGROUND:

The proposals of concern relate to permissible use of the IRC, rather than the

IBC, for housing of individuals who are not related, including lodging houses, group homes and custodial/medical care facilities. IBC currently permits some of these uses to be constructed under the IRC. In most cases, there is a specific statement in one of the codes that only allows the IRC to be used when sprinklers are provided. Those statements are being attacked as being contrary to fair housing laws. Proponents argue that the IRC requires sprinklers in all new homes, so there’s no reason for the IBC to specifically restate this requirement as a basis of allowing the IRC to be used. However, without these statements, the only remaining sprinkler requirement would be

IRC Section 313, and adoption of that section has been legislatively blocked

16 states and delayed in many more. The result…in these 16 states and other jurisdictions that have not yet adopted IRC Section 313, small lodging houses, group homes, and custodial/medical care facilities would be allowed without fire sprinklers.

A summary of these proposals and the Committee recommendation is provide below:

- G33-15 – DISAPPROVED: This proposal would eliminate statements in the

IBC that only permit using the IRC for custodial and medical care facilities housing 5 or fewer residents when sprinklers are provided. Because this item was recommended for disapproval, sprinklers will continue to be required.

However, a floor motion for APPROVAL was made by opponents. Sprinkler supporters need to VOTE AGAINST THE FLOOR MOTION FOR

APPROVAL. If G33-15 ends up being approved, sprinklers will no longer be required in custodial and medical care facilities housing 5 or fewer residents in any state or locality that does not adopt IRC Section 313 for sprinklers in one- and two-family dwellings.

- G34-15 – DISAPPROVED: This proposal was identical to G33-15; however, no floor motion was made. The proponent still has the option of asking for

approval in a public comment, but no further action is needed on this item in the online voting process at this time.

- G41-15 – DISAPPROVED: This proposal recommends adding a requirement in the IBC to only allow use of the IRC for owner-occupied lodging houses with five or fewer guest rooms when the building is sprinklered. Unlike the occupancies affected by G33-15, the sprinkler requirement for lodging houses is not yet specifically stated in the IBC. The committee action on this item is inexplicable since the committee defended keeping the IBC sprinkler requirements in G33, yet rejected G41’s recommendation to add identical text to the IBC for lodging houses. No floor motion was made on this item, but it is expected that the proponent will submit a public comment asking for APPROVAL in the final action process later this year.

- G42-15 – APPROVED: Committee approval of this proposal was shocking.

The proposal will allow Group R-4, Condition 1 occupancies to be built under the IRC, without sprinklers in any jurisdiction that does not adopt IRC Section

313 (16+ states). These occupancies include alcohol and drug centers, assisted living facilities, congregate care facilities, group homes, halfway houses, residential board and care facilities and social rehabilitation facilities with up to 16 people, plus staff, as long as the individuals under care are considered able to self-evacuate in the event of an emergency. Given the

IRC allowances for duplexes and townhouses, it would be easy to construct several of these uses in series under the same roof. A floor motion for

DISAPPROVAL was made by sprinkler supporters, and sprinkler supporters need to VOTE FOR THE FLOOR MOTION FOR DISAPPROVAL. If G42-15 ends up being approved over our objections, sprinklers will no longer be required in these large group residences in any state or locality that does not adopt IRC Section 313.

ANY ICC MEMBER IS PERMITTED TO VOTE ON THIS MOTION, NOT

JUST GOVERNMENTAL REPRESENTATIVES.

Unlike the final voting process, ICC rules permit ALL ICC members to vote on floor motions made at the committee hearing, even private industry members.

So, even if you’re not a code official, you can weigh in and support sprinklers if you have any type of ICC membership.

Online voting is expected to begin approximately Monday, May 11th and will remain open for about 10 days. Although the results of a successful online vote is limited to generating a public comment that must be ratified in final action voting this fall, it is important for sprinklers supporters to participate and remain vigilant in defending residential sprinkler requirements.

9. Chief Lefebvre spoke on the merits of the following concepts:

A. Fire officials should enforce NFPA 1 on new developments, having fire suppression capabilities in place (cisterns or operating fire mains) before building permits are issued…or sprinkler every structure.

B. Having the ME SFMO be a repository of all reported sprinkler saves in

Maine.

10. Set Next Meeting Date: Tuesday, June 2, 2015 at 9:00 AM, Office of the State

Fire Marshal, 45 Commerce Drive, Augusta, ME 04333

11. Meeting adjourned at 11:00 AM.

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