HomeMy WebLinkAboutA003 - Memo from City Manager to Council, update on agenda item Memo
City Manager's Office
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TO: Mayor and City Council
FROM: Steven L. Schainker, City Manager
DATE: December 16, 2005
SUBJECT: Proposed Retrofit Sprinkler Ordinance
As you will recall from reading our monthly project briefing reports, the staff has been working
for over a year to introduce the concept of a retrofit sprinkler ordinance. While this proposal will
improve fire safety in our community, the retrofit ordinance will no doubt also generate a
significant amount of controversy. Therefore, we have moved very slowly on this and attempted
to communicate with impacted property owners prior to bringing the matter before the City
Council.
We believe that we have reached a point where the issue can be brought before the Council and
intend to introduce the concept at your January 10th meeting, with no action being requested at
that time. We are suggesting that the Council solicit reactions to our proposal at a public forum
to be held on February 28. Following these two meetings, the Council will be asked to give
direction on how, or if, to proceed with this issue.
The staff report is being provided to you well in advance of the January meeting to allow for
your review. It is also being distributed to the public.
Give me a call if you have questions about the document.
SLS/dry
Attachment
Staff Report
Proposed Retrofit Sprinkler Ordinance
December 2005
Introduction:
The purpose of this staff report is to introduce a proposal to amend Chapter 8 of the Municipal Code to
require the installation of automatic fire sprinkler systems in limited types of existing buildings. This
proposed retrofit sprinkler ordinance would allow up to five years for these existing buildings to be
brought into compliance.
The proposed ordinance is limited to:
1. Dormitories (which include fraternities and sororities)
2. Nursing homes and residences with occupants that have impractical evacuation capabilities
3. High-rise buildings
Background:
2003 International Fire Code Adoption.
City staff and the Building Board of Appeals completed a review of the 2003 International Fire
Code (IFC), International Building Code (IBC), and International Residential Code (IRC) in the
spring of 2003. The City Council formally adopted the 2003 International Fire Code on July 27,
2004. At that time, Council was advised that staff had engaged in rather extensive discussions
regarding a recommendation to adopt additional modifications that would be brought forward at a
later date. City staff felt a retrofit sprinkler ordinance required additional research and public
input. In order to avoid a delay of the IFC, IBC, and IRC adoption, the retrofit sprinkler issue was
to be brought before Council at a later date as a separate item.
The 2003 IBC and IFC affect new construction.
The building code outlines requirements for all new construction within the City. It is important
to point out that all of the uses recommended in this retrofit provision, if constructed under the
2003 IBC, would be required to install automatic sprinkler systems.
Public Outreach and Customer Input:
The Fire Department administrative staff has been talking to the Greek associations for the last
five years regarding the need for sprinkler systems and the proposed retro sprinkler ordinance.
Initially, the staff hoped to bring forth a proposal for an ordinance in 2003. This time frame was
extended for two reasons. First, the new 2003 international codes provided support for a new
lower cost category of sprinkler systems. Staff felt this was a desirable benefit to occupancies
retro fitting sprinkler systems. Second, the fire chief offered to meet with every fraternity and
sorority board. The board meetings occurred over the last two years and all requests for meetings
have been fulfilled. Fire Department staff continues to attend group meetings for the ISU Greek
community.
1
In general, feedback was positive in terms of the recognition and importance of installing sprinkler
systems. People truly understand the benefits. The concerns about the ordinance relate primarily
to the costs of retrofitting. City staff contacted a major sprinkler contractor and inquired about the
cost of retrofitting. Prices range rather dramatically based on a number of factors, i.e. type of
construction,water availability, whether or not the property has an attic and/or basement, etc.
Staff was advised that retrofitting would run between$3.45 and $7.00 per square foot. Staff was
also asked if there was any City financial assistance available. Staff advised that there is currently
no funding available to assist with retrofitting.
Support from ISU:
ISU staff has publicly supported the proposal to require sprinklers in all fraternities and sororities.
Additionally, all new ISU buildings are constructed with sprinkler systems and ISU has
implemented a plan to retro fit all its dormitories. Presently, 7 of ISU's 18 residence halls are
equipped with sprinkler systems. ISU Director of Greek Affairs has taken a leadership position in
the communications with the Greek community.
Identified Target Occupancies for a Retro Fit Sprinkler Ordinance
Dormitories are buildings or space in a building in which group sleeping accommodations are
provided for more than 16 persons who are not members of the same family, in one room or a
series of closely associated rooms under joint occupancy and single management,with or without
meals,but without individual cooking facilities. (Examples of dormitories are college dormitories,
fraternity and sorority houses, and military barracks).
Nursing Homes and other buildings with more than 16 dwelling units who have occupants with
impractical evacuation capabilities fall within this category.
Impracticable Evacuation Capability: The National Fire Protection Association Life Safety
Code includes a definition of"impractical evacuation capability." The NFPA definition is the
basis for the definition used in this ordinance. Essentially, this describes a situation in which
individuals that,because of either physical and/or mental impairments,would be unable to react in
a manner to ensure their safety during a fire situation.
High-Rise Buildings shall mean buildings having occupied floors located more than 75 feet above
the lowest level of fire department vehicle access.
Need for Retrofit Sprinkler Requirements:
There are 38 occupied houses of the 42 fraternities and sororities within the City of Ames
currently recognized by ISU. Of those, 17 have already invested in sprinkler systems. Local
sprinkler contractors have given several bids to Ames fraternities and sororities in recent months.
With an estimated 1,700 fires hitting U.S. college campuses annually, the Federal Emergency
Management Agency(FEMA), through the U.S. Fire Administration(USFA) and the College
Parents of America(CPA), are urging every college community to take time to focus on fire
safety. Over 90 percent of the reported fires in college dormitories, classroom buildings,
fraternities, and sororities occurred where smoke alarms were present,but only 27 percent had
sprinklers present.
Page st 2 0>14
In fires with sprinklers present,the chances of dying in a fire are reduced by one-half to three-
fourths and the average property loss is cut by one-half to two thirds, compared to fires where
sprinklers are not present. Sprinklers failed to operate in only 7% of structure fires large enough to
activate them. System shut-offs and other human errors were responsible for nearly all the failures.
(Source,National Fire Protection Association,NFPA)
Accidental and intentional false alarms have resulted in occupants failing to heed the alarm and
vacate the building. While automated alarm systems are an integral part of a fire safety system
they are not adequate if occupants fail to vacate the building. There are no reports of multiple
deaths caused by structure fires in residences that have both automated alarm and sprinkler
systems.
Many national Greek organizations have developed initiatives that support the installation of
sprinkler systems. In the Spring 2000 issue of the Fraternal Property Management Association
Newsletter, the lead title is "Sprinkler System Installation—No Longer an Issue of If but When."
The article goes on to say:
"In a typical year,between 1980 and 1996, average of 1,800 dormitory, fraternity and
sorority fires, one death, 70 injuries and $8.2 Million in property damage."
Between 1992 and 1996: 29% of fires caused by suspicious activity/arson, 15%due to
cooking, 10% smoking, 11%unknown with other causes including heating fixtures,
electrical cords, appliances, and open flames.
Over 90% of reported fires in university housing occurred where smoke alarms were
present. However, only 27%had sprinklers present.
In 1999, at the University of North Carolina, Chapel Hill,there were 130 fire alarm
activations, of which six were real fires. False alarms are a significant problem and have led to
many students not vacating buildings. In our community the story is much the same. Automated
alarm systems are an integral part of the protection system. Unfortunately, intentional and
malicious misuse of alarm systems decreases the effectiveness of the alarm systems. Sprinkler
systems address the hazard directly and are an integral part of the protection of occupants and
buildings.
Benchmarking Ames with Other University Cities:
Lawrence Kansas (Kansas University), Boulder Colorado (University of Colorado), Champaign
Illinois (University of Illinois), and many other states and cites have enacted similar ordinances
requiring retro sprinkler installations.
In addition to the benchmarked university towns, 27 states have jurisdictions that have adopted
state wide or municipal retrofit sprinkler conversion legislation. A quick internet search found
127 communities that have adopted similar sprinkler ordinances. Most ordinances address the
same categories of residences as the proposed Ames ordinance.
Page.#3 of f
Fraternity and Sorority Fire Data:
Unfortunately, Ames has had most if not all the types of fires and frequency found nationally. The
department's leadership group has participated in serious fraternity and sorority fires. There have
been serious close call fires in Ames where occupants and house members felt fortunate that there
were not multiple deaths.
Serious Fires in Fraternity and Sorority Houses in Ames
Delta Upsilon 117 Ash Ave. 2004
Pi Beta Phi 208 Ash Ave. 1997
Theta Chi 219 Ash Ave. 1996
Phi Kappa Psi 316 Lynn 1996
Theta Chi 219 Ash Ave. 1989
Tau Kappa Epsilon 224 Ash Ave. 1989
Phi Gamma Delta 325 Ash Ave. 1982
Theta Chi 219 Ash Ave. 1979
Tau Kappa Epsilon 224 Ash Ave. 1979
Computer data regarding additional incidents not classified as major fires 1995 to 2005:
17 Small Fires
7 Reports of Smoke
143 False Alarms
69 EMS Calls
1 Hazardous Materials Call
Nursing Homes, Impracticable Evacuation Capability, and High-Rise Buildings:
In addition to dormitories, staff is proposing that nursing homes,buildings with more than 16
dwelling units who have 8 or more occupants with impractical evacuation capabilities, and high-
rise buildings be included in the retrofit provision.
The National Fire Protection Association Life Safety Code includes a definition of impractical
evacuation capability. The National Fire Protection Association Life Safety Code provides the
basis for the definition in the proposed ordinance. Essentially, this describes a situation in which
individuals that, because of either physical and/or mental impairments,would be unable to react in
a manner to ensure their safety during a fire situation.
The proposal would bring requirements for retrofitting sprinklers in nursing homes like those
adopted in 2004 by the City of Ames. At the time staff started this analysis, the majority of the
nursing homes within the City were fully sprinklered. At the start of 2002, there were three
exceptions. Two are currently working with the Inspection Division to install systems and should
be completed and passed in early 2006. Northcrest Community completed a total retrofit
installation in 2002. Should progress continue all nursing homes will be in compliance with the
proposed retrofit ordinance in 2006.
Page f4of14
Need For Retrofit Sprinkler Requirement—Impracticable Evacuation Capability:
Buildings with more than 16 dwelling units of occupants who have impractical evacuation
capabilities would also need to install sprinkler protection. Staff has identified and anticipates a
trend toward buildings housing an aging population who require assistance to evacuate in a timely
fashion. Although these buildings might remain within the code definition of"apartment
building,"the fact that occupants cannot self-evacuate puts them at risk. A"protect in place"
strategy utilizing sprinkler protection is the safest way for lives to be protected. This is the same
philosophy used by model building and fire codes regarding nursing homes and hospitals.
Approved sprinkler systems are necessary for a protect in place strategy to work effectively.
Need For Retrofit Sprinkler Requirement—High Rise Housing:
Since 1984, Ames building and fire code ordinance has required installations of sprinkler systems
in buildings over 75 feet in height. Currently 1 of the 8 residences that qualify as high-rise
buildings is not covered by an automated sprinkler system. The problems high-rise buildings pose
for life safety, firefighting, and fire protection in general include: evacuation times are greater(so
people need more time to get out of a building), and occupant's ability(including those with
disabilities) to evacuate vary greatly, so they need to be protected in place for as long as possible
for rescue. Also, since there are added fuel loads, air, and time for a fire to promulgate, high-rise
fires intensify at an extremely rapid rate. The tragedy at Chicago's County office building is an
unfortunate example of a recent high-rise disaster.
Implementation and Enforcement Plan:
On January 10, 2006, the staff will report to Council recommending the adoption of the proposed
ordinance. The staff presentation to Council is the first of three planned steps. Step two would be
to conduct a public forum on the proposed retrofit sprinkler ordinance at the Council meeting on
February 28, 2006. All affected property owners will be notified about the February public input
meeting. After the public input session, should Council decide to proceed, the third step on March
28, 2006, would be to review and approve the new ordinance. The third step would be the first
reading of three required readings to adopt this ordinance and would include another public
comment opportunity.
The retrofit sprinkler ordinance includes language giving a reasonable time frame for existing
dormitories (which includes most fraternities and sororities), nursing homes, and high-rise
buildings to come into compliance. Staff sought input from the fraternity and sorority boards, ISU
Office of Greek Affairs, fire sprinkler contractors, and university housing officials to help
determine that a five year period appears to be a reasonable time frame.
Following formal adoption of the proposed ordinance, staff will notify all of the known properties
affected by the retrofit sprinkler ordinance and will provide educational opportunities about the
new requirements. Staff will then meet with representatives from each of the properties and
outline specific implementation strategies. The focus will be to ensure that all properties are
compliant with the new regulations prior to the end of the five year time frame. Should staff
encounter a lack of cooperation and compliance with the new regulations, the specific problem
properties will ultimately be turned over to the Legal Department for follow-up action.
F'ecge#5 of 44
Alternatives:
1. Approve staff s continuing efforts with public outreach and input for affected residential property
owners of dormitories (sororities/fraternities), high-rise buildings, and nursing homes/homes
where occupants have impractical evacuation capabilities. Prepare code revisions adopting a
Retrofit Sprinkler Ordinance in the Municipal Code directed towards all three proposed categories.
2. Approve staffs continuing efforts with public outreach efforts, but direct that a retrofit sprinkler
ordinance amendment be prepared for something less than the three types of residential housing
categories initially proposed.
3. Do not approve moving forward towards adopting a Retrofit Sprinkler Ordinance and provide staff
with direction on how to proceed.
Staff Recommendation
Staff supports Alternative 1 that would approve the preparation of an ordinance amendment
requiring sprinkler systems in dormitories (including fraternities/sororities), nursing homes
(including buildings where occupants have impractical evacuation capabilities), and high rise
buildings within five years of the passage of the ordinance change. Under this alternative, the staff
will continue to communicate with property owners and help facilitate their efforts to meet the
proposed code.
Budget Impact
There will be minimal fiscal impact to the department's budget as a result of this proposed
sprinkler requirement. Staff anticipates that there will be some minor printing, copying, and
postage costs related to the implementation phase. This will be funded within the current budget.
Staffing Impact
The impact on the Fire Department's staffing level will consist of coordination with Building
Inspectors, Fire Inspector, ISU Office of Greek Affairs, and property owners as compliance with
the retrofit ordinance is made. Legal and Building Inspection staff time may be required,
principally for enforcement follow-up. These time commitments will not require any additional
staff.
Pagc#6 of 14
Frequently Asked Questions
During the last five years, City staff has conducted numerous meetings with prospective owners
and residents. A composition of frequent questions is listed below.
1. How does a fraternity or sorority accomplish installing a sprinkler system?
A sprinkler system will require design professionals often including engineers and architects,
along with construction professionals, to complete installation. A licensed plumber and
electrician, along with a reputable sprinkler company, all do some aspect of the installation.
A team comprised of past ISU fraternity members,board members, and ISU facilities staff
has developed an outline of the steps taken to start your project and a list of sprinkler
installation companies. This resource is available by contacting Jennifer Plagman-Galvin at
ISU.
2. Our house is beautiful, architecturally unique, and located in an historic district. Won't pipes
and sprinklers aesthetically damage the graciousness of our common living areas?
The fact that Greek residences are architecturally unique and essentially irreplaceable is all
the more reason to protect them. Since they are typically"historic"buildings they often are
constructed in a manner that allows for fire spread. The systems proposed by the ordinance
are designed for life safety, but provide the added benefit of protecting the property.
The technology and components for sprinkler systems have dramatically changed. Hidden
sprinkler heads and innovative architectural design make fire protection systems practically
invisible. Installed sprinkler systems often go unnoticed.
3. Our house has a long history at ISU, and at this time we are not at full occupancy. We do not
have money for this kind of expense. How do you expect us to raise this kind of money?
We have been talking to Greek houses for five years helping to educate them about the need
for sprinkler systems. Several have installed systems during this educational campaign.
Some are currently in process. In these meetings, we have compromised on the installation
schedule to provide a five year installation period. We realize the difficulty in fund raising
and believe that a five year period and financing for an even longer period is within the
capabilities of most, if not all, houses. Many national Greek organizations have come out in
support of installation of sprinkler systems and some national organizations can provide
direction and/or support for this type of life safety project. A sprinklered residence is a
selling point to prospective members and their parents. Many insurance companies offer
policy savings for sprinklered facilities.
Page#>7 of 44
Frequently Asked Questions (continued)
4. What will happen if the heat fails and our house is unoccupied during winter breaks? Don't
sprinkler systems cause lots of damage?
Sprinkler systems are electronically monitored, and the monitoring firm can notify
designated persons if there is an emergency. Often low cost monitoring hardware is added
that checks for temperature in addition to sprinkler system activation or smoke detection
alerting. These features enhance safety factors and can lower actual damages should the
house's primary water system freeze and fail.
Properly designed and installed sprinkler systems are extremely reliable systems. Most
installation companies provide services for annual testing and maintenance. Studies show
that activated systems discharge less water to extinguish fires than suppression crews would
normally use.
5. Does it seem fair to single out fraternities and sororities for sprinkler systems and ignore the
apartments, rooming houses, and dormitories that house more students then Greek houses?
The proposed ordinance includes, but does not single out, fraternities and sororities. City
staff have studied national trends and compared them to our community's fire history. As a
result of this research, the ordinance is asking to enhance the protection of dormitory style
residences, nursing homes, high rise buildings, and housing for persons with impaired
evacuation capabilities.
There are some factors that set the Greek houses apart from apartments and dorms. First of
all, there is very limited opportunity to require code updates for safety features in these
historic structures because they never change hands. Secondly, the floor plan in a Greek
residence generally allows fire to spread room to room and floor to floor much quicker than
a fire in an apartment. One more aspect is the unique architectural value that deserves to be
protected. The loss of a fraternity or sorority would have a much greater cumulative affect on
students and alumni when compared to that of an apartment building.
Ames has sustained serious fires in Greek housing. Close calls have occurred that could
have resulted in multiple death fires. Several houses have taken steps to address the problem
by installing sprinkler systems. This ordinance will enhance the safety for hundreds of
dormitory style house residents and their guests.
Frequently Asked Questions (continued)
6. Our house (or apartment) has concrete floors and interior walls, and it would be nearly
impossible to install a sprinkler system. Why is it necessary for a concrete/brick structure?
Many multi-family, high-rise, and dormitory residences are often constructed with concrete
structural components. ISU and others have successfully installed sprinkler systems in
existing buildings. The City adopted the 2003 IBC and IFC which gives more flexibility to
design and reduces costs for installation. Many Greek houses were built before new
construction codes were adopted. They often have travel paths within confined spaces where
fire can spread.
The term"fire proof construction" is no longer commonly used. Even concrete structures
can fail when exposed to significant heat. The real problem is the contents. Our residents,
like most of America, have increased the fuel loads in our residences. We have more items
then most residents had when unsprinklered apartments and Greek houses were constructed.
Natural components of furnishings and fixtures have been replaced by synthetics,plastics,
and composite materials that contain many times the fuel load of items previously made of
wood and metal. The increase in interior furnishings and fixtures amount and composition
adds to the danger for occupants in most types of residences.
7. This ordinance will put us out of business. Greek organizations conduct charitable events, are
good citizens, and raise thousands of dollars for charities. Doesn't the City care that they will
put us out of business?
Greek organizations are valued members of our community. They are an integral part of the
dynamics that make our community a great place to live. The City has and will continue to
work with the Greek community on issues that preserve and protect this unique
neighborhood and its houses. One of the fundamental priorities for local government is the
safety of its citizens and preservation of their property. It is the duty of the Fire Department
staff to evaluate their capabilities and match them with the hazards that are present. City
staff has identified a group of residential properties of primary concern and recommended
minimum levels of protection they deem necessary.
Pop#90g
Residence Lists
In order to evaluate the scope of the proposed ordinance and communicate with the property
owners, a list of possible affected occupancies was developed. The list was divided into three
categories:
Greek Houses
High-rise Buildings
Nursing Homes and Group Homes
Greek Houses: There are currently 42 Greek house facilities of which 38 are occupied. The
listing of all 42 fraternity and sorority houses are not included. Current records show that 17 of
the 42 Greek houses that would be included have a complete or partial system.
High-rise Buildings: There were eight high-rise buildings that were initially listed as possibly
being affected by this ordinance. At this time, only one high-rise appears to need a sprinkler
system.
Nursing Homes and Group Homes: Initially there were 26 residences that were evaluated for
the presence of sprinkler systems. This category included the nursing homes and congregate
housing that may have fallen under one of the described occupancies. Several homes have
installed systems within the last five years. There are four residences that staff believes will be
affected by the proposed ordinance.
Properties that were evaluated by staff are listed in Grid I and 2. Column five shows the
expected affect the new ordinance will have.
Page#19 of 14
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ATTACHMENT A
Sample Ordinance
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 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, 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
Page 1 13 of 4
ATTACHMENT A(continued)
Sample Ordinance
(2) Retrofit Requirements. The following existing buildings shall be retrofitted
with an automatic sprinkler system in accordance with this 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 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.
(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 house,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 January 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.
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