December 28, 2011

 

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Residential fire alarms are generally not as regulated as commercial fire, although there are often AHJ requirements even for residential alarm systems. Use of fire suppression systems, I suppose, increase the value of a residential fire alarm system, perhaps shifting the usefulness of the system from alert and flee to reduction of property damage through reduction of fire damage.

My guess is that an increase in residential fire sprinkler systems is going to result in more lawsuits for water discharge. Your contract with the subscriber needs to specify the type of alarm and the services you are providing. Alarm companies are often sued for fire loss even though only a burglar alarm is installed. Fire suppression systems are going to require alarm monitoring, and that is probably going to mean smoke and heat devices and maybe water flow devices too. Be specific in your description of services and make sure your contract protective provisions are properly drafted to cover the services you are providing and the potential liability you face.

This is from a NFPA website: http://www.firesprinklerinitiative.org/legislation/sprinkler-requirements-by-state.aspx

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States that have passed home fire sprinkler requirements

California

The California Building Standards Commission voted to adopt the 2009 International Residential Code, including its requirements for automatic fire sprinkler systems in new one- and two- family dwellings, effective date January 1, 2011.

 

Maryland

The Maryland Department of Housing and Community Development has completed its adoption process of the 2009 IRC with a January 1, 2011 effective date.

 

South Carolina

The South Carolina Building Code Council voted to adopt the 2009 IRC with an effective date of January 1, 2011. Requirement delayed until 2014 by legislative action.

 

Status of home fire sprinkler requirements in other states:

 

State Promulgating body action Status

Alaska No statewide building code. Adoption prohibited by legislative action. Home rule and general law municipalities may adopt without hearings. Ongoing

Alabama No statewide building code. Local jurisdictions may not adopt due to legislative action Legislative action prohibits adoption

Arkansas No statewide adoption, but local jurisdictions may adopt Ongoing

Arizona No statewide building code. Local jurisdictions may not adopt due to legislative action Legislative action prohibits adoption

Colorado No statewide building code, but local jurisdictions may adopt Ongoing

Connecticut Rulemaking body voted not to adopt one- and two- family dwelling fire sprinkler requirement. Regulatory committee conducting study Pending

Delaware No statewide building code, but local jurisdictions may adopt Ongoing

Florida Rulemaking body unable to adopt due to legislative action Legislative action prohibits adoption

Georgia Rulemaking body unable to adopt due to legislative action Legislative action prohibits adoption

Hawaii Referred to study committee Pending

Idaho Rulemaking body unable to adopt due to legislative action Not adopted

Illinois Local jurisdictions must adopt a building code. If locals don't adopt, the 2006 IBC is the default Ongoing

Indiana The Residential Committee has removed the sprinkler provisions. Pending final approval by rulemaking body Pending

Iowa Not adopted due to legislative action. Local jurisdictions may adopt Ongoing

Kansas No statewide building code. Local jurisdictions unable to adopt due to legislative action Legislative action prohibits adoption

Kentucky 2009 adoption cycle skipped for budgetary reasons Pending

Louisiana Rulemaking body unable to adopt due to legislative action. State Fire Marshals' Office is conducting study Legislative action prohibits adoption

Maine Rulemaking body voted not to adopt Not adopted

Massachusetts Adoption action awaiting study committee report Pending

Michigan Rule making body voted not to adopt requirement Not adopted

Minnesota State voted to skip the 2009 code cycle for fiscal reasons. Legislative action in 2011 to prohibit adoption vetoed by governor Pending

Mississippi No statewide building code. Local jurisdictions may adopt Ongoing

Missouri No statewide building code. Legislative action placed moratorium and mandatory option until 12/2019 Pending

Montana No action in 2010. Legislative action in 2011 to prohibit adoption vetoed by governor Pending

Nebraska No statewide adoption by legislative action. Local jurisdictions may adopt Ongoing

Nevada No statewide building code. Local jurisdictions may adopt Ongoing

New Hampshire Rulemaking body voted to adopt. Legislative action nullified adoption Governor vetoed. Override action by legislature successful Legislative action prohibits adoption

New Jersey Rulemaking body voted to adopt. Executive action by governor nullified requirement Not adopted due to executive action

New Mexico No statewide adoption by legislative action. Local jurisdictions may adopt Ongoing

New York 2006 IRC adopted during this cycle Pending

North Carolina Rulemaking body voted to include only the townhouse requirement or a two-hour separation between units Adopted with amendment

North Dakota Rulemaking body unable to adopt due to legislative action Legislative action prohibits adoption

Ohio The Residential Committee voted to remove sprinklers in lieu passive protection for engineered construction. Pending approval by rulemaking body Pending

Oklahoma Townhouse requirement adopted. One- and two-family dwelling moved to appendix allowing local adoption Ongoing

Oregon Committee voted to remove requirement but allows local jurisdictions to adopt. Pending final rulemaking body action Pending

Pennsylvania Rulemaking body voted to adopt. Legislative action during the 2011 session nullified adoption Legislative action prohibits adoption

Rhode Island Promulgating body voted to mode the requirement to the appendix. Pending legislative approval and study group report Pending

South Dakota Rulemaking body unable to adopt due to legislative action Legislative action prohibits adoption

Tennessee Rulemaking body voted not to adopt. Local jurisdictions may adopt Ongoing

Texas Not adopted due to legislative action. Local jurisdictions may not adopt Not adopted due to legislative action

Utah Rulemaking body voted not to adopt requirement Not adopted

Vermont No adoption cycle in 2010 Pending

Virginia Rulemaking body voted not to adopt requirement Not adopted

Washington Rulemaking body voted not to adopt requirement. Local jurisdictions may adopt under certain conditions Not adopted but allows local adoption

West Virginia Rulemaking body voted not to adopt requirement Not adopted

Wisconsin Rulemaking body unable to adopt due to legislative action Legislative action prohibits adoption

Wyoming No statewide building code. Local jurisdictions may adopt Ongoing

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States where anti-sprinkler legislation has been filed

 

2011 legislation

 

Alaska

 

HB130: Prohibits any jurisdiction from adopting mandatory fire sprinkler requirements. Home rule and general law municipalities may adopt with hearings.

Status: Referred to Community Affairs Committee. Moved to Rules Committee. Passed. Sent to Governor. Signed by Governor.

 

Arizona

 

HB2153: Prohibits any jurisdiction from adopting mandatory fire sprinkler requirements.

Status: Referred to Committees: Military Affairs and Public Safety (MAPS), GOV RULES. Passed out of GOV committee. Passed by House, referred to Senate. Passed by Senate. Signed by Governor.

SB1374: Companion bill to HB 2153. Prohibits any jurisdiction from adopting mandatory fire sprinkler requirements.

Status: In Senate Government Reform Committee. Companion bill to HB2153 which has been enacted.

 

California

 

SB726: Allow counties to "opt out" of the one-family home fire sprinkler requirement in the adopted CA Code until 2014.

Status: First read. Assigned to Senate Transportation and Housing Committee. Moved to a two- year bill, sponsor not pursuing at this time.

 

Connecticut

 

SB487: Prohibits any jurisdiction from adopting stricter standards than the State Building Code. (Adopted code excludes sprinklers in one- and two- family dwellings)

Status: Referred to Joint Committee on Planning and Development. Heard in Committee. Moved forward with favorable recommendation. Referred to Office of Legislative Research and Office of Fiscal Analysis. Moved out of committee with favorable recommendation. Amended by Senate and tabled for the calendar. Died without action.

 

 

Kansas

 

HB2088: Removes sunset and prohibits any municipality from requiring "the installation of a multi-purpose residential fire protection system in any residential structure as a condition for consideration or approval of any building permit or plan".

Status: Passed. Referred to Senate Local Government Committee. Senate committee nonconcurred with amendments. Conference Committee appointed. Sent to Senate as amended. Passed by House. Senate companion bill SB 101 passed as amended and signed by governor.

SB101: Companion bill amended by House.

Status: Sent to Senate as amended. Senate concurs with amendments. Passed by Senate. Signed by Governor.

 

Minnesota

HF460: Prohibits any jurisdiction from adopting mandatory fire sprinkler requirements for single family homes.

Status: Passed out of the house Committee. Passed by House, sent to Senate. Passed by Senate, sent to Governor. Successful veto by Governor.

SF297: Companion bill to HF460.

Status: Referred to Judiciary and Public Safety Committee.

 

Mississippi

 

SB2997: Prohibits state building code from requiring mandatory installation of fire sprinkler systems in one- and two-family dwellings. Committee substitute allows local jurisdiction adoption.

Status: Passed by House. Referred to Senate. Amended and passed by Senate. Sent back to House. Amended and passed by House. Sent back to Senate. Died on calendar.

HB1385: Revises authority of Building Code Council. Prohibits state Building Code from requiring mandatory installation of fire sprinkler systems in one- and two- family dwellings. Committee substitute allows local jurisdiction adoption.

Status: passed by House. Sent to Senate. Passed as amended. Signed by Governor.

 

Missouri

 

HB90: Prohibits any jurisdiction from adopting mandatory fire sprinkler requirements.

Status: Second read complete. Public hearing completed. Passed by House. Referred to Senate. Withdrawn.

HB46: Amended to extend mandatory option provision to December 2019.

Status: Second read complete. Passed by House. Referred to Senate.

SB108: Companion bill to HB46.

Status: Heard in Committee. Amended by Committee, pending. Passed by Senate. Signed by Governor.

 

Montana

 

HB307: Prohibits state building code from requiring mandatory installation of fire sprinkler systems in one- and two-family dwellings. Sent back by Governor with amendment to allow local jurisdictions to adopt.

Status: Passed by the House. Referred to the Senate. Passed by Senate. Enrolling in final preparation process. Governor returned with amendment. Legislative body opposed amendment and sent back to governor. Successful veto by Governor.

 

Nebraska

 

LB546: Removes home fire sprinkler requirements from 2009 IRC adoption. Amended to allow local option.

Status: Heard in Committee. Moved out of committee and was heard on Senate floor. Enrolled as amended.

 

Nevada

SB327: Effective July 2011. Prohibits any jurisdiction from adopting a building code that requires sprinklers in one- and two- family dwellings.

Status: Referred to Committee on Government Affairs. Heard on committee, workshop assigned. Bill died in committee

 

 

New Hampshire

 

SB91: Prohibits any jurisdiction from adopting mandatory fire sprinkler requirements.

Status: Moved out of committee for a full Senate vote. Passed by Senate and referred to House. House amendment assigned to Committee on Public and Municipal Affairs. Moved out of committee with favorable recommendation. Passed by Senate. Sent to Governor. Vetoed by Governor.

HB0109: Prohibits any jurisdiction from adopting mandatory fire sprinkler requirements.

Status: Passed by House with amendment. Sent to Senate. Senate concurred, sent to Governor.

 

 

New Mexico

 

HB167: Prohibits any jurisdiction from adopting mandatory fire sprinkler requirements.

Status: Moved out of committee for a full Senate vote. Passed by Senate. Passed by House and Senate as amended. Sent to Governor. Signed by Governor.

SB201: Prohibits local jurisdictions from requiring mandatory installation of fire sprinkler systems in one- and two-family dwellings and other structures that are not more than three stories in height.

Status: Moved out of Committee for full Senate vote. Passed by Senate. Passed by House and Senate as amended. Sent to governor. Pocket veto.

 

Pennsylvania

 

HB377: Prohibits state Building Code from requiring mandatory installation of fire sprinkler systems in one- and two-family dwellings and replaces it with mandatory option. Passed by Senate. Signed by Governor.

Status: Referred to Committee on Labor and Industry. Passed by Committee, moved forward for full house vote. Passed by the House, moved to the Senate.

SB752: Prohibits state Building Code from requiring mandatory installation of fire sprinkler systems in one- and two-family dwellings and replaces it with mandatory option.

Status: Introduced on March 8. Referred to Committee on Labor and Industry. Concurrent bill to HB377 (see above)

HB725: Prohibits state Building Code from requiring mandatory installation of fire sprinkler systems in one- and two- family dwellings and replaces it with mandatory option.

Status: Referred to Committee on Labor and Industry. Withdrawn, duplicate bill.