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Fire chiefs oppose new legislation, hope for veto
By Stephanie Flemmons, Staff Writer
Fire chiefs across the state are hoping a recent bill eliminating fire sprinkler mandates will be vetoed, but state officials say the bill protects homeowners from industry profit abuse.
The Plano Fire Department hosted one of three major press conferences, Monday, discussing the passage of Senate Bill 1410, which prohibits a city from enacting ordinances concerning residential fire sprinkler systems. Fire chiefs from 31 surrounding agencies attended the press conference in an effort to raise awareness about the vital uses of sprinkler systems in homes.
Hugo Esparza, Plano fire chief, said fire sprinklers save lives.
Rep. John Otto, who filed the House bill before it was added as an amendment, said it addressed a vote by the International Code Council (ICC) which required all new homes to be equipped with fire sprinkler systems.
State officials believe the code change, which occurred in September in Minneapolis, was a major push by fire sprinkler companies and manufacturers.
“By changing the code, the sprinkler industry would go from a $100 million market to a $3 billion market,” Otto said. “I refuse to stand by and watch one industry profit at the cost of homeowners’ choice.”
According to the ICC, the residential sprinklers vote drew a record number of voters to the Final Action Hearing. With a 73 percent majority, the fire service led the charge and passed the requirement for sprinklers in one and two family dwellings. The document states this will reduce the number of injuries firefighters sustain, not civilian lives lost and injuries sustained.
In a letter written to the ICC by Joseph Wizner, Washington Association of Business Officials president, he questions the council’s governmental consensus process.
Wizner stated hundreds of members representing fire interests were provided with free travel and lodging by the IRC Residential Fire Sprinkler Coalition at the code hearing and requested an investigation. In the letter he stated WABO is extremely concerned that the ICC process was violated by special interests, but more concerned that it could easily happen again. He stated he believed the results of the vote over the sprinkler issue were not performed per “the ethical responsibilities that accompany participation.”
Esparza said Plano’s Fire Marshal David Kerr did attend the meeting and voted affirmatively for the sprinkler amendment, but said his vote was intended for public safety. Esparza said he can’t speak for anyone but himself and the city of Plano. He said he believes the department is always looking out for proper ethical practices.
“We are a public entity and funded through taxpayer dollars,” Esparza said. “His travel was paid through the general budget. We don’t get kickbacks. We just don’t do that. I wouldn’t have a job if we did.”
Currently, the city of Plano’s code states that one- and two-family dwellings of 6,000 square feet or more must be fitted with residential sprinklers. Most other cities in the DFW metroplex also have codes in place governing residential sprinkler systems. Esparza said it would cost the new homeowner about $2 per square foot to install a sprinkler system.
Vance McCauly, Plano fire captain, said the fire department inspects the initial installation for sprinkler systems in new homes. He said they are paid a permit fee from the builders, which totals about $210 for the minimum 6,000-square-foot dwelling. He said that permit fee will be eliminated since the new piece of legislation passed.
Phil Dyer, Plano mayor, believes the bill violates home rule and safety of citizens.
“We have good people here in Plano and we can make pretty good decisions,” Dyer said. “We don’t need our decisions to be made in Austin for us. We all support local control. I don’t want to go to a funeral of a citizen or firefighter that doesn’t have to occur. We want to take care of them.”
Joe Pierce, Dallas deputy fire chief, also believes the Senate bill is not a progressive piece of legislation. He said the people who typically die in fires are the elderly, children, low income and minorities. However, he said it does affect the whole population.
“Your [chance] is lessened of dying in a fire by 75 percent if your home is equipped with a fire sprinkler system,” Pierce said. “They do save lives.”
According to Otto, prior to the ICC’s action in Minneapolis, the ability to adopt fire sprinklers into local building codes was already available by adopting that part of the IRC’s appendix related to fire sprinklers in residential construction. If no changes were made at the meeting, cities would have continued to have the ability to adopt the fire sprinkler appendix into their local code without affecting other municipalities.
“Everyone is painting this as a fireman versus homebuilder issue,” Otto said. “If it ain’t broke, don’t fix it. The only [people] dissatisfied were the sprinkler system companies. If the fire industry would have been willing to move fire sprinklers back to the appendix as it was prior to the meeting in Minnesota, I would have been happy to file legislation reversing the effects of my amendment. In the meantime, the legislature has afforded the ultimate local control to those who it would affect most; the homebuyer.”
Paul Cauduro, Texas Association of Builders Codes director, said new homes are designed with numerous fire prevention measures including ground fault detectors, fire separation and fire blocking, framing and design of the home and hard wired smoke detectors. He believes if someone wants a sprinkler system installed inside their home as an extra precaution, they should have the option of purchasing and not be mandated.
“It’s like buying a car and deciding to add a high-tuned suspension and other fancy parts to the car,” Cauduro said. “You can add those things to it and upgrade, but you still get a base car that has safety features.”
Esparza said the sprinkler system included to these safety features is vital.
“I don’t deny or disagree that there are other fire protection systems that are good,” Esparza said. “But, the only automatic systems that will hold the fire in check and extinguish, instead of just warn, are sprinkler systems.”
Contact Stephanie Flemmons at sflemmons@acnpapers.com
The following are comments from the readers.
In no way do they represent the view of Starlocalnews.com
In no way do they represent the view of Starlocalnews.com
John Brown wrote on Jun 10, 2009 9:26 AM:
" Mr. Otto speaks to the choise of the homebuyer. What he doesn't mention is that a large number of homes are built before they are sold and thus the homebuyer will have no choise to install fire sprinklers at a resonable cost. Mr. Otto's bill couldn't stand alone on its own merits so the backdoor tactics used to get this bill passed leaves a lot to be desired, just becasue you know how to get the back door open doesn't mean that is an honorable way to enter. This is Texas some of us still do work with a hand shake and honor it. The homebuilders pushed this in Texas not a homeowners advocasy group. It will cost them money they don't want to spend. MOST OF ALL IT REMOVES THE CITY'S RIGHT TO DECIDE AND SAYS THE STATE KNOWS BEST. I pray the Governor has Texas cities best interest in mind and if so he will Veto this bill. "
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