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HomeMy WebLinkAboutA010 - Council Action Form dated March 28, 2006 To ITEM # DATE March 28, 2006 COUNCIL ACTION FORM SUBJECT: PROPOSED SPRINKLER RETROFIT ORDINANCE BACKGROUND: In December, staff submitted a report including recommendations for ordinance revisions addressing sprinkler systems. This report is a culmination of over five years of research and public meetings. The report's purpose is to match the Fire Department's resources with the highest risk factors and develop lifesaving alternatives for Council consideration. In January, staff presented additional information to the Council regarding the recommendation to require retrofit sprinkler systems within five years for the following types of residences: Existing high-rise buildings having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. Institutions. Buildings housing more than 16 persons on a twenty-four hour basis to be cared for or provided a supervised environment because of their physical or mental condition, including hospitals, nursing homes, and assisted living facilities. Mobility Impaired. Buildings with 16 or more dwelling units of which 8 are occupied by one or more persons who have an impaired evacuation capability. The fire chief, or his/her designee, shall have the authority to determine whether a person is an occupant with an impaired evacuation capability as aforesaid, and to conduct a timed evacuation drill to determine the extent to which an apartment building may contain occupants with such impaired evacuation capabilities. Dormitories. A building in which sleeping accommodations are provided for more than 16 persons, who are not related by marriage or consanguinity, in one room or a series of closely associated rooms, with or without meals On February 28, Council held a public input session. Organizations and citizens in favor and in opposition addressed the Council. This public input session was held as an addition to the one normally held on first reading of new ordinances. As a result of this additional input, the Council voted to amend the proposed ordinance to facilitate a sixth summer for construction. With this amendment the requirements for sprinkler systems would take effect October 1, 2011. ALTERNATIVES: 1 . Adopt the attached ordinance as proposed requiring retrofitting of sprinkler systems by October 1 , 2011 , in the specified existing occupancies. 2. Adopt the attached ordinance as proposed with Option #1 requiring retrofitting of sprinkler systems by October 1 , 2011, in the specified existing occupancies, but allowing a two year extension through October 1, 2013 to accomplish the retrofitting if the Building Board of Appeals grants the request. 3. Adopt the attached ordinance as proposed with Option #2 requiring retrofitting of sprinkler systems by October 1 , 2011 , in the specified existing occupancies, but allowing a two year extension through October 1, 2013, to accomplish the retrofitting if the Council grants the request. 4. Adoption of the attached ordinance requiring retrofitting of sprinkler systems by October 1 , 2016, in the specified existing occupancies. 5. Reject the proposed ordinance requiring retrofitting of sprinkler systems in the specified existing occupancies MANAGER'S RECOMMENDED ACTION: The sprinkler retrofit ordinance will place the City in a proactive ratherthan a reactive mode to address the highest priority structures in our community that are in need of this form of safety protection. At the same time, the proposed ordinance is sensitive to the financial challenges that face the owners of these highest priority structures and thereby grants a period of time in which the structures must be brought into compliance. Since the February 28 Council meeting, group discussions with affected property owners have continued. New alternatives have been developed that have a larger number of proponents that include City staff. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative # 2 approving the attached ordinance identified as option #2. The ordinance requires retrofitting of sprinkler systems by October 1 , 2011, in high-rise buildings, institutions, dormitories, and buildings with mobility impaired occupants. A request for extension can be brought to the Building Board of Appeals and, if the criteria are met, an extension of two years granted. The extension means that the affected property owners are moving forward with efforts to comply, financial commitments have not been met, and there is a reasonable expectation that compliance can occur if an extension is granted. The City Council should expect that a consensus favored by a majority of impacted property owners cannot be reached. hj}�.� d� r ORDINANCE AS PROPOSED ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY ENACTING A NEW SECTION 8.217 THEREOF, FOR THE PURPOSE OF REQUIRING FIRE SPRINKLER RETROFITTING OF CERTAIN BUILDINGS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by enacting a new Section 8.217 as follows: "Sec.8.217. EXISTING BUILDINGS TO HAVE SPRINKLER SYSTEMS. (1) The following terms as used in this article shall have the meaning respectively ascribed to them in this section. Automatic Sprinkler System. An automatic sprinkler system within the meaning of this section shall consist ofpiping designed in accordance with fire protection engineering standards,that includes a suitable water supply,and which is activated by heat or the products of combustion,to discharge water over the fire area. Fire Chief means the Fire Chief of the Ames Fire Department or said Fire Chiefs designee. High-Rise buildings shall mean buildings having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. Impaired evacuation capability occupant,for the purposes of this article,shall mean an occupant that cannot reliably evacuate a building in a timely manner because of that occupant's physical and/or mental limitations or disabilities. (2) Retrofit Requirements. The following existing buildings shall be retrofitted with an automatic sprinkler system in accordance with Section 403.2 of the 2003 International Building Code and Section 903 of the 2003 International Fire Code. (a) Existing high-rise buildings having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. (b) Institutions. Buildings housing more than 16 persons on a twenty-four hour basis to be cared for or provided a supervised environment because of their physical or mental condition,including hospitals,nursing homes,and assisted living facilities. (c) Mobility Impaired. Buildings with 16 or more dwelling units of which eight are occupied by one or more persons who have an impaired evacuation capability. The Fire Chief,or his/her designee, shall have the authority to determine whether a person is an occupant with an impaired evacuation capability as aforesaid, and to conduct a timed evacuation drill to determine the extent to which an apartment building may contain occupants with such impaired evacuation capabilities. (d) Dormitories. A building in which sleeping accommodations are provided for more than 16 persons,who are not related by marriage or consanguinity,in one room or a series ofclosely associated rooms,with or without meals,including fraternity and sorority houses,barracks, and dormitories. (3) Each and every existing building that comes within the scope of this section shall be retrofitted as aforesaid not later than October 1,2011." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable by a penalty of$500 for a first violation and$750 for each and every repeat violation. Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of Diane R.Voss,City Clerk Ann H.Campbell,Mayor Option#1 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REVISING SECTION 8.401 AND ENACTING A NEW SECTION 8.217 THEREOF,FOR THE PURPOSE OF REQUIRING FIRE SPRINKLER RETROFITTING OF CERTAIN BUILDINGS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by revising Section 8.401 and enacting a new Section 8.217 as follows: "Sec.8.401.BUILDING CODE BOARD OF APPEALS HAS JURISDICTION. The provisions of Section 108.1 of the IFC notwithstanding,the Ames Building Code Board of Appeals as established and constituted under the ordinances of the City of Ames shall have jurisdiction to determine the suitability of alternative materials and types of construction and to provide for reasonable interpretations of the provisions of this Fire Code,except those relating to open burning. The Ames Building Code Board of Appeals is authorized to grant two year extensions for the implementation period for sprinkler systems as defined in Section 8.217. When so acting,the Fire Chief may designate an individual knowledgeable in fire safety to render professional advice to the Board on matters related to the Fire Code. The Building Code Board of Appeals,when acting pursuant to this subsection,shall have authority to review and make recommendations on any and all proposed changes to this chapter of the Code.Recommendations shall be forwarded to the City Council for final action. (Ord. No. 3196, Sec. 1, 8-24-92;Ord.No. 3491, Sec. 1, 7-14-98) "Sec.8.217. EXISTING BUILDINGS TO HAVE SPRINKLER SYSTEMS. (1) The following terms as used in this article shall have the meaning respectively ascribed to them in this section. Automatic Sprinkler System. An automatic sprinkler system within the meaning of this section shall consist of piping designed in accordance with fire protection engineering standards,that includes a suitable water supply,and which is activated by heat or the products of combustion,to discharge water over the fire area. Fire Chief means the Fire Chief of the Ames Fire Department or said Fire Chief s designee. High-Rise buildings shall mean buildings having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. Impaired evacuation capability occupant,for the purposes of this article,shall mean an occupant that cannot reliably evacuate a building in a timely manner because of that occupant's physical and/or mental limitations or disabilities. (2) Retrofit Requirements. The following existing buildings shall be retrofitted with an automatic sprinkler system in accordance with Section 403.2 of the 2003 International Building Code and Section 903 of the 2003 International Fire Code. (a) Existing high-rise buildings having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. (b) Institutions.Buildings housing more than 16 persons on a twenty- four hour basis to be cared for or provided a supervised environment because of their physical or mental condition,including hospitals,nursing homes,and assisted living facilities. (c) Mobility Impaired. Buildings with 16 or more dwelling units of which eight are occupied by one or more persons who have an impaired evacuation capability. The Fire Chief,or his/her designee,shall have the authority to determine whether a person is an occupant with an impaired evacuation capability as aforesaid, and to conduct a timed evacuation drill to determine the extent to which an apartment building may contain occupants with such impaired evacuation capabilities. (d) Dormitories. A building in which sleeping accommodations are provided for more than 16 persons,who are not related by marriage or consanguinity,in one room or a series of closely associated rooms,with or without meals,including fraternity and sorority houses, barracks,and dormitories. (3) Each and every existing building that comes within the scope of this section shall be retrofitted as aforesaid not later than October 1,2011. (4) Should a facility be unable to meet the prescribed date of October 1,2011, the owners can request an extension of up to two years. The appeal will be heard by the Building Board of Appeals.The request for extension must be brought to the Building Board of Appeals prior to October 1,2010. If granted,an extension the implementation period would end on October 1,2013. In order to grant an extension,the Board must find all of the following five criteria have been met: (a) The owners have made a compelling case that they cannot be Code compliant by the prescribed ordinance date. (b) The owner's request for extension is based upon financial need. (c) The owners have made substantial and unsuccessful efforts to acquire necessary funds. (d) Complete and thorough cost estimates,construction plans,and Code compliant sprinkler system designs have been developed. (e) The owners have a viable plan for compliance if an extension is granted." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable by a penalty of$500 for a first violation and$750 for each and every repeat violation. Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of Diane R.Voss,City Clerk Ann H.Campbell,Mayor Option#2 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY ENACTING A NEW SECTION 8.217 THEREOF, FOR THE PURPOSE OF REQUIRING FIRE SPRINKLER RETROFITTING OF CERTAIN BUILDINGS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by enacting a new Section 8.217 as follows: "Sec.8.217. EXISTING BUILDINGS TO HAVE SPRINKLER SYSTEMS. (1) The following terms as used in this article shall have the meaning respectively ascribed to them in this section. Automatic Sprinkler System. An automatic sprinkler system within the meaning of this section shall consist ofpiping designed in accordance with fire protection engineering standards, that includes a suitable water supply,and which is activated by heat or the products of combustion, to discharge water over the fire area. Fire Chief means the Fire Chief of the Ames Fire Department or said Fire Chief s designee. High-Rise buildings shall mean buildings having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. Impaired evacuation capability occupant,for the purposes of this article,shall mean an occupant that cannot reliably evacuate a building in a timely manner because of that occupant's physical and/or mental limitations or disabilities. (2) Retrofit Requirements. The following existing buildings shall be retrofitted with an automatic sprinkler system in accordance with Section 403.2 of the 2003 International Building Code and Section 903 of the 2003 International Fire Code. (a) Existing high-rise buildings having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. (b) Institutions. Buildings housing more than 16 persons on a twenty- four hour basis to be cared for or provided a supervised environment because of their physical or mental condition,including hospitals,nursing homes,and assisted living facilities. (c) Mobility Impaired. Buildings with 16 or more dwelling units of which eight are occupied by one or more persons who have an impaired evacuation capability. The Fire Chief,or his/her designee,shall have the authority to determine whether a person is an occupant with an impaired evacuation capability as aforesaid, and to conduct a timed evacuation drill to determine the extent to which an apartment building may contain occupants with such impaired evacuation capabilities. (d) Dormitories. A building in which sleeping accommodations are provided for more than 16 persons,who are not related by marriage or consanguinity,in one room or a series of closely associated rooms,with or without meals,including fraternity and sorority houses, barracks,and dormitories. (3) Each and every existing building that comes within the scope of this section shall be retrofitted as aforesaid not later than October 1,2011. (4) Should a facility be unable to meet the prescribed date of October 1,2011,the owners can request an extension of up to two years. The appeal will be heard by the City Council. The request for extension must be brought to the City Council prior to October 1,2010. If granted an extension,the implementation period would end on October 1,2013. In order to grant an extension,the Council must find all of the following five criteria have been met: (a) The owners have made a compelling case that they cannot be code compliant by the prescribed ordinance date. (b) The owner's request for extension is based upon financial need. (c) The owners have made substantial and unsuccessful efforts to acquire necessary funds. (d) Complete and thorough cost estimates,construction plans,and Code compliant sprinkler system designs have been developed. (e) The owners have a viable plan for compliance if an extension is granted." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable by a penalty of$500 for a first violation and$750 for each and every repeat violation. Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of Diane R.Voss,City Clerk Ann H.Campbell,Mayor Option#3 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY ENACTING A NEW SECTION 8.217 THEREOF, FOR THE PURPOSE OF REQUIRING FIRE SPRINKLER RETRO- FITTING OF CERTAIN BUILDINGS;REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by enacting a new Section 8.217 as follows: "Sec.8.217. EXISTING BUILDINGS TO HAVE SPRINKLER SYSTEMS. (1) The following terms as used in this article shall have the meaning respectively ascribed to them in this section. Automatic Sprinkler System. An automatic sprinkler system within the meaning of this section shall consist of piping designed in accordance with fire protection engineering standards, that includes a suitable water supply,and which is activated by heat or the products of combustion,to discharge water over the fire area. Fire Chief means the Fire Chief of the Ames Fire Department or said Fire Chief's designee. High-Rise buildings shall mean buildings having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. Impaired evacuation capability occupant,for the purposes of this article,shall mean an occupant that cannot reliably evacuate a building in a timely manner because of that occupant's physical and/or mental limitations or disabilities. (2) Retrofit Requirements. The following existing buildings shall be retrofitted with an automatic sprinkler system in accordance with Section 403.2 of the 2003 International Building Code and Section 903 of the 2003 International Fire Code. (a) Existing high-rise buildings having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. (b) Institutions. Buildings housing more than 16 persons on a twenty-four hour basis to be cared for or provided a supervised environment because of their physical or mental condition,including hospitals,nursing homes,and assisted living facilities. (c) Mobility Impaired. Buildings with 16 or more dwelling units of which eight are occupied by one or more persons who have an impaired evacuation capability. The Fire Chief,or his/her designee,shall have the authority to determine whether a person is an occupant with an impaired evacuation capability as aforesaid,and to conduct a timed evacuation drill to determine the extent to which an apartment building may contain occupants with such impaired evacuation capabilities. (d) Dormitories. A building in which sleeping accommodations are provided for more than 16 persons, who are not related by marriage or consanguinity, in one room or a series of closely associated rooms,with or without meals,including fraternity and sorority houses,barracks,and dormitories. (3) Each and every existing building that comes within the scope of this section shall be retrofitted as aforesaid not later than October 1,2016." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable by a penalty of$500 for a first violation and$750 for each and every repeat violation. Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , Diane R.Voss,City Clerk Ann H. Campbell,Mayor