Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Barry Walthall, Building Official Rich Barr, Fire Prevention Division Chief
C:	Scott McCullough, Planning & Development Services Director Mark Bradford, Fire Chief
Date:	October 11, 2010
RE:	Adoption of 2009 International Codes

The advisory boards and staff have completed the technical review of the 2009 International Code Council series of construction codes and ordinances 8572, 8583, 8584, 8585, and 8586 are provided for consideration by the Commission.  The 2009 series of codes recommended for adoption are the International Building Code, International Fire Code, International Residential Code, International Energy Conservation Code, International Existing Building Code, International Mechanical Code, International Plumbing Code, and International Fuel Gas Code.  The proposed effective date is January 1, 2011.

The 2009 codes include a number of changes, some of the most notable of which are discussed below.

Residential Fire Sprinkler Systems

Perhaps the most controversial issue with the 2009 International Residential Code (IRC) is the requirement for fire sprinkler systems in new one- and two-family dwellings.  In previous editions of the residential code, the requirements for sprinkler systems were included in the code, but as an appendix chapter and not enforceable unless specifically adopted.  With the 2009 IRC, the provisions are included in the main body of the code.

The Building Code Board of Appeals recommends amending the code to make the sprinkler regulations optional for new one- and two-family dwellings; and mandatory for multi-family dwellings, including townhomes with three or more units.  This will be essentially consistent with current code requirements, except that newly constructed townhouses would be included in the occupancies required to install fire sprinkler systems.  The residential code defines a townhouse as a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on at least two sides.

The code amendment recommended by the Building Code Board of Appeals addresses a State of Kansas statute that prohibits local jurisdictions from requiring the installation of a fire sprinkler system in a residential structure.  The term “residential structure” is defined in the statute as a single-family dwelling, multi-family dwelling of two attached units or less, or any manufactured home.  The statute includes a provision that repeals the prohibition as of July 1, 2011.  It should be noted that although this statute does not interfere with the current recommendation for adoption of new building codes, there may be an issue with “Home Rule”.

Although the state statute does not allow for requiring residential sprinkler system, staff highly recommends their installation in dwelling units.  Fire sprinkler systems save lives, reduce property damage, and increase the safety of firefighters.  For additional information on residential sprinkler systems a staff memo dated October 21, 2008 is attached.

Fire Code

The fire code will require any new furniture store classified as an M occupancy that displays and sells upholstered furniture to be equipped with fire sprinklers regardless of the size of the display area. This does not include mattress sales, as mattresses are not considered upholstered furniture and there are existing regulations in place that limits the combustibility of mattresses.

Of some significance is a retroactive requirement for fire sprinklers in I-2 occupancies.

I-2 occupancies are defined as buildings and structures used for medical, surgical, psychiatric, nursing or custodial care for persons who are not capable of self-preservation. The previous version of this code section, as adopted by the City, included in the definition “custodial care on a 24-hour basis of more than five persons.” A code interpretation was requested from the International Code Council on the change and they provided an interpretation that requires fire sprinklers in all existing I-2 occupancies if they are not currently protected by fire sprinklers. The key to the provision is occupants who are not capable of self-preservation, either by means of a disability or a procedure that would incapacitate them.

Energy Conservation

According to the International Code Council, the 2009 International Energy Conservation Code (IECC) should achieve an 8 to 10% increase in building performance compared to the 2006 IECC.  Key changes that will result in this increased performance include the requirements that heating and air-conditioning ducts be tested to confirm minimum duct tightness; at least 50% of all lamps installed in new residences be high-efficacy; programmable thermostats be installed in all new residences; and a decrease of maximum U-factor for building fenestration components (windows, opaque doors, glazed doors, etc.) from .40 to .35.

Duct testing would be required only for systems for which all ductwork and air-handling equipment is not within conditioned space, such as dwellings with ductwork or furnaces installed in attics or garages.

Other Notable Code Changes

Other notable changes to the code improve safety of dwelling unit occupants and provide for greater flexibility in achieving compliance with structural elements of home construction, include:

• Carbon monoxide alarms would be required in new dwellings equipped with fuel fired appliances or having an attached garage, and in existing dwellings where any work requiring a permit is performed, including replacement of mechanical equipment, electrical work, and exterior improvements
• Tamper-proof electrical wall outlets in new dwellings
• Revised wall bracing and foundation anchorage requirements to offer more prescriptive options for meeting requirements without requiring engineered design
• Prescriptive design standards have been added for storm shelters and safe rooms (storm shelters and safe rooms continue to be optional features)
• The maximum allowable area for residential accessory structures exempt from permits is increased from 120 square feet to 200 square feet
• Revised dryer venting requirements, including a minimum 4 inch diameter vent and a table regulating maximum vent length

Impact on Development Services Division Operations

Most code changes will not significantly impact operations.  However the requirement for duct testing may require an additional site visit, depending on whether the test equipment can be set up concurrently with a rough inspection or final inspection.  As an alternative to having city inspection staff witness testing of the duct systems, staff will accept third-party testing reports from certified testing agencies.  Staff anticipates being able to accommodate any additional site visits utilizing existing resources.

Requested Action:

Adopt ordinances 8572, 8583, 8584, 8585, and 8586 on first reading.