Politics endanger sprinkler mandate

Advocates of a life-saving fire sprinkler mandate for new residential construction in South Carolina won a critical, very hard-fought battle last week. What's now in question is whether S.C. lawmakers will allow that victory to stick. Unfortunately, an effort to overrule that win already is under way in the Statehouse.

According to accounts, a standing-room-only crowd of more than 200 heard some five hours of pro and con testimony before Wednesday's 6-3 decision by the S.C. Building Codes Council to adopt the national code provision that includes the mandate.

S.C. sprinkler advocates know from years of experience on the national level just how hard it is to overcome the opposition of the homebuilders' powerful lobby. In 2008, the International Code Council's convention delegates finally approved the residential sprinkler mandate, with a 2011 effective date. Fortunately, subsequent attempts by the homebuilders' lobby to undo that decision have failed. But the 46 states that adhere to the ICC codes also have to approve the change, which triggered a lengthy adoption process in this state.

On Wednesday, the Building Codes Council, which has the approval authority, rejected a similar homebuilders' campaign, making South Carolina the sixth state to sanction the national code's sprinkler amendment. Meanwhile, a total of 400 communities across the country have voluntarily approved residential sprinkler mandates.

According to S.C.'s State Fire Marshal John Reich, a Codes Council member, no state needs the new residential sprinkler mandate more. South Carolina is now number three in per capita residential fire deaths, according to Reich,who says there were 79 such deaths in 2009 and 23 already this year.

Reich rejects the homebuilders' argument that the mandate's cost will further slow new construction. He says residential sprinklers will cost, at the most, $4 per square foot for a 2,000 square foot home, and more likely only $2 per square foot compared, for example, to $12,000-$15,000 for seismic safety. Fortunately, he points out, there have been no earthquakes in the state since seismic requirements were instituted several decades ago while thousands have died in residential fires during that time.

Further, Reich notes that sprinkler systems have zero maintenance, which isn't the case with smoke alarms that only have a life expectancy of about 10 years and often have disconnect and other problems. Sprinklers are now required for all new commercial and multi-family construction.

City of Charleston Fire Chief Thomas Carr, who has had first-hand experience with the life-saving value of residential sprinklers as head of the Montgomery County, Md., Fire Department, deplores the misinformation he has encountered. He's going to spend the next few weeks on an education program and is considering a forum for area lawmakers where he'll invite both sides and even include a sprinkler demonstration. Those most likely to die in residential fires, he notes, are children, the elderly and the disabled.

While sprinkler opponents at the hearing tried to make much of the fact that many advocates who testified don't have home sprinklers, Carr considers that an "apples and oranges" argument. There's no question that retrofitting an existing structure for sprinklers can be difficult, he said, but new construction is a "no brainer." There have been no takers for a voluntary sprinkler incentive program passed by the Legislature several years ago.

It should be noted that an override effort was under way in the Statehouse even before last week's decision by the Building Codes Council. The Senate Finance Committee reported out a bill that would prohibit the enforcement of any code that mandates residential sprinklers. The bill would require builders to offer that feature. Reich describes that provision as "useless," pointing to the difficulty in ensuring that prospective buyers are properly informed.

While lawmakers have heard concerns about whether rural areas of the state can comply with the sprinkler mandate, Reich responds that's just one example of misinformation. The fire marshal says any home that can be plumbed can meet the requirements for residential sprinklers.

The override bill is stalled in the Senate as a result of several objections, including that of Greenville Sen. David Thomas. With only three months to go and a crowded calendar, the senator is optimistic that the effort to kill the Codes Council's decision can be kept permanently on hold.

But Jim Bowie, former executive director of the S.C. Firefighters Association and now head of the S.C. Fire Sprinkler Association, is concerned about the outcome of the legislative battle. He points out that the sprinkler mandate has gone through a tough national and state adoption process and that the Building Codes Council, comprised of all aspects of the building industry, was created by the Legislature to make these decisions. "The last thing we need," he said, "is to politicize a life safety issue." Who can argue with that?

Barbara S. Williams, editor emeritus of The Post and Courier, may be reached at bwilliams@postandcourier.com.