Senate Bill S7052

                                BILL NUMBER:S7052

TITLE OF BILL:

An  act  to  amend the executive law, in relation to automatic sprinkler
system requirements for one and two-family dwellings

PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit the New York State Fire Prevention and Building
Code Council from requiring  the  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.