Enacts the balanced fire protection act

* All new construction for housing for senior citizens or students shall be constructed of noncombustible fire resistive construction except where the building is protected with an automatic sprinkler and makes use of a fire partition having a fire rating of at least two hours and a sound transmission coefficient of at least 50 in the follow locations; between each individual living unit, all exit corridors, all exit stairways, occupancy separations, exterior load bearing walls, interior load bearing walls, and public and service area walls common to guest.

* Buildings that have automatic sprinklers and meet the requirements above can be of unlimited area and their height can be increased up to 25% over similar buildings that do not meet these requirements.

*The provision in this article shall apply to new buildings and permit requiring alterations or remodels begun after the effective date of this section. This article does not apply to existing buildings not under a remodel or alteration. Section 385-d -This article supersedes all local laws or ordinances and does not supersede or alter the requirements for sprinklers, early warning systems and fire alarm systems.

Justification

To minimize the impact a fire can have on both life and property, fire safety should be a balanced approach. A fire safety plan should involve prevention measures; detection and alarm systems; sprinklers or extinguishers; and compartmentation. Compartmentation is when the building construction isolates and contains the spread of fire and toxic smoke, while maintaining the structural integrity of the building. Compartmentation can be done by the use of masonry walls. Masonry walls provide college students and senior citizens housed in high density areas an additional element of safety. Fire resistive walls allow extra time for residents to escape, provide a temporary area of refuge and provide more time for emergency responders to engage in rescue efforts. Fire resistive construction does not contribute to the fire load or toxic quantities of smoke or gas and can also hold up to the heat and impact of water from firefighters' hose streams. In the event of a fire, fire resistive construction will remain structurally intact throughout the duration of the fire protecting not only those trapped inside but also the firefighters

involved in the rescue. Fire resistive walls are also inherently sound limiting and not susceptible to deterioration from mold growth.

The goal of this legislation is to emphasize the need for a balanced approach to fire safety in what can be considered our "high risk" populations. Fire resistive building can enhance current fire safety measures to ensure that property loss is minimized and more importantly there is no loss of life.

Legislative history

2007/2008 - S.797/A.1409 Remained in the Senate Committee on Housing, Construction and Community Development and the Assembly Committee on Governmental Operations 2005/2006 - S.6393/A.10557 Remained in the Senate Committee on Housing, Construction and Community Development and the Assembly Committee on Governmental Operations

Fiscal implications

To be determined.

Effective date

This act shall take effect on the 90th day after it shall become law.