Prohibits the state fire prevention and building code council from requiring installation of automatic sprinkler systems in one and two-family dwellings

Summary of specific provisions

Section one of the bill amends section 156 of the Executive law to authorize the Department of State to provide written materials to consumers which detail the benefits of and include the costs associated with the installation and maintenance of an automatic sprinkler system. Section 2 amends section 381 of the Executive law to add a new subdivi- sion 7 to prohibit the New York State Building Code Council from adopt- ing a requirement that newly constructed one and two family residences must have a fire sprinkler system, unless a municipality has passed or passes a more restrictive requirement. The bill also requires that every builder of a one to two family residential dwelling in the state must provide information developed by the Department of State detailing the benefits and costs of automatic fire sprinkler systems. Should a consum- er request a fire sprinkler system, the builder would be obligated to include one within the dwelling.

Justification

The International Codes Council was developed in 1994 as a nonprofit organization dedicated to developing a single set of comprehensive national model construction codes standards. In 2009 the International Codes Council adopted changes to the International Residential code which would require fire sprinklers in one to two family homes. The New York Building Code Council has not adopted the International Residential Code change and should not make this a uniform requirement in New York for many reasons. Requiring a residential sprinkler system in every newly built one and two family home in New York would be both and costly and unnecessary and a costly. A mandatory residential sprinkler system would add between $2,300 and $16,000 to the cost of a new home. This cost will vary upon the type of system used and the type of home being constructed and the available water supply. Costs can increase when the existing well or public water supply is of insufficient pressure to deliver the amount of water needed for a residential system to effec- tively operate. This can be a particular problem in rural areas of the state where well water is commonly used and the added costs of pressur- izing the system can make building the home impractical.

These increased costs will have the largest impact on lower income and affordable housing. The change would result in the undesired effect of pricing potential homeowners out of the first tier of homeownership opportunities. This bill would still retain the provisions of Executive Law Section 378 which authorizes an individual municipality to adopt a local code change that would mandate a sprinkler system in one and two family residences if the local government sees fit to implement this change. Certain local governments which have already instituted a single family residential sprinkler requirement such as Westchester County and Onondaga would also retain their existing requirements. Mandating these systems on a. blanket basis across the state would also further cripple New York's building industry at a time when economic conditions have caused the number of newly built single family homes to plummet. According to the US Census Bureau Manufacturing and Construction Division, the number of single family home building permits in New York state has dropped from a high of 19,981 in 2006 to 5,164 in 2011. Similarly the number of two family home building permits has dropped from 4,398 in 2005 to 1,196 in 201l. Additionally there is less need for sprinkler systems in newer homes which are subject to stricter construction standards, including fire alarm requirements and are gener- ally made of less flammable and safer materials than the building mate- rials which were used in older homes. It does not make sense to impose these costly mandates at a time when the economy is continuing to erode the opportunities people have available for affordable homeownership and thereby further impede economic growth. Over twenty states have already passed laws prohibiting the adoption of the International Code require- ment for residential sprinkler systems in one and two family dwellings. A number of other states have provided a regulatory exemption and many others have exemption legislation or regulatory action pending. Only two states have seen fit to adopt the International Code requirement.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.