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          of fire protection systems; mortality risks associated with unintentional
        
        
          fatalities, during transport and non-transport human activity, including
        
        
          the effectiveness of fire sprinkler systems in Massachusetts; and causes
        
        
          of residential fire fatalities.
        
        
          The purpose of the white paper is to,
        
        
          
            “[A]ssist the BBRS in meeting its statutory obligation to continually
          
        
        
          
            review the cost of construction and to assure that for all building code
          
        
        
          
            requirements there is commensurate life safety benefit. Onerous and
          
        
        
          
            costly code requirements too often have a negative effect, for example:
          
        
        
          
            the owner will take units out of service which further exacerbates an
          
        
        
          
            already tight housing market; or the owners will do cosmetic touch up
          
        
        
          
            and avoid high cost items that the cost may require. Thus, if the life safety
          
        
        
          
            benefit does not justify the cost then it is the responsibility of the BBRS
          
        
        
          
            to explore alternatives such as reducing or eliminating the requirement.”
          
        
        
          Finally, the paper sets forth a series of conclusions and recommendations
        
        
          for which the BBRS is seeking “widespread public comment” so that it
        
        
          can protect the interests of consumers and maintain an independent and
        
        
          reasonable approach to the promulgation of building code requirements.
        
        
          Accordingly, the Legislature should refrain from enacting any further
        
        
          mandates relative to fire sprinklers systems until the BBRS has had an
        
        
          opportunity to evaluate and act on comments to that White Paper.
        
        
          Other States
        
        
          The International Code Council, which was established in 1994
        
        
          as a non-profit organization dedicated to developing a single set of
        
        
          comprehensive and coordinated national model construction codes
        
        
          and has at either the state or jurisdictional level had their codes
        
        
          adopted in all 50 states, amended the International Residential Code
        
        
          (IRC) in 2009 to require the installation of fire sprinklers in one and
        
        
          two-family homes. Since that time, 36 states have affirmatively taken
        
        
          action through either legislation or regulation to ensure that residential
        
        
          sprinklers remain optional for homebuilders and homebuyers. Only
        
        
          two states – California and Maryland – have adopted the 2009 IRC’s
        
        
          mandate for fire sprinklers in one and two-family homes. No action
        
        
          was necessary in the remaining 12 states to maintain the optional
        
        
          status of sprinklers in one and two-family homes. Consequently,
        
        
          Massachusetts is not an outlier in regard to sprinklers, but instead
        
        
          stands with the overwhelming majority of states that agree they should
        
        
          not be mandated in one and two-family homes.
        
        
          Fire Data
        
        
          The tragic death of two Boston firefighters in the fire on Beacon
        
        
          Street in Boston has been cited by some as a reason to mandate
        
        
          sprinklers in one and two-family homes. However, that fire was in
        
        
          a three-unit residence for which fire sprinkler systems have long
        
        
          been required. The horrific Worcester warehouse fire of several
        
        
          years ago that took the life of other firefighters was, again, in the
        
        
          type of structure for which sprinklers have also been required.
        
        
          Moreover, the proponents of mandating fire sprinklers have been
        
        
          unable to provide any evidence that where there were deaths or
        
        
          serious injuries due to a residential fire in Massachusetts, that such
        
        
          deaths or injuries occurred in a single or two-family home with
        
        
          working electric hardwired smoke detectors.
        
        
          A review of the data from the Massachusetts Fire Incident Reporting
        
        
          System, as well as the U.S. Fire Administrator 2013 Report issued by the
        
        
          Federal Emergency Management Administration, demonstrate that fire
        
        
          sprinklers in one and two-family homes are not needed for the protection
        
        
          of the lives of the occupants of those residences or firefighters. Electric
        
        
          hardwired smoke detectors save lives and are extremely cost effective.
        
        
          Thanks to the widespread installation of residential smoke alarm
        
        
          systems in recent years, communities are safer than they have
        
        
          ever been. Based on a 2006 U.S. Fire Administration study on the
        
        
          presence of working smoke alarms in residential fires from 2001-
        
        
          2004, more than two-thirds of the fatal fires reported to have
        
        
          occurred in single-family homes that lacked working smoke alarms.
        
        
          A report from the National Fire Prevention Association (NFPA)
        
        
          found that the survival rate in a single-family home increase from
        
        
          99.62% to 99.82% with fire sprinklers (assuming in both cases
        
        
          the presence of working smoke detectors). The problem is not
        
        
          homes without sprinklers; the problem is homes without working
        
        
          smoke alarms. Fire sprinklers in one and two-family homes are not
        
        
          justified as a matter of cost or public safety.
        
        
          Other issues
        
        
          Buyers of seasonal homes will face additional costs associated with fire
        
        
          sprinkler systems where utilities, including heat and water, are shut off
        
        
          for the winter months. G.L. c. 148, §27A requires written permission
        
        
          from the head of the municipal fire department in order for a homeowner
        
        
          to shut off, disconnect, obstruct, remove or destroy any part of a fire
        
        
          sprinkler system. Should a homeowner fail to request such permission
        
        
          and/or fail to receive such permission, he would be in violation of this
        
        
          law and be subject to possible imprisonment for not more than one year
        
        
          or a fine of not more than one thousand dollars, or both.
        
        
          In the alternative to seeking permission to shut off a fire sprinkler
        
        
          system, a homeowner would either have to incur the ongoing expense
        
        
          of maintaining electric service and heat to a vacant home or have the
        
        
          fire sprinkler system winterized by professional in order to operate the
        
        
          system in their absence. This is a significant issue on Cape Cod with
        
        
          its many vacation homes.
        
        
          Finally, fire sprinkler systems are subject to annual inspection by
        
        
          the local fire department. Where our members have been required
        
        
          to install fire sprinklers in newly constructed homes, prospective
        
        
          homebuyers are strongly resistant to the idea that they will be subject
        
        
          to such annual inspection of their property.
        
        
          Conclusion
        
        
          The HBRAMA has consistently supported amendments to the State
        
        
          Building Code that enhance life-safety in residential structures where
        
        
          their benefits clearly exceed their costs and their adoption would not
        
        
          undermine housing affordability. That is why we have endorsed every
        
        
          amendment to the State Building Code relative to the installation
        
        
          of smoke detectors. The HBRAMA does not oppose fire sprinkler
        
        
          technology or the voluntary installation of these fire suppression
        
        
          systems. However, we oppose the mandatory installation of sprinkler
        
        
          systems in one- and two-family homes because such systems are
        
        
          complicated, costly, and of only incremental value in terms of
        
        
          protecting the life of the occupants of such residences.
        
        
          
            2
          
        
        
          
            “White Paper The Cost and Effectiveness for Health, Safety, and Security of Fire Alarm Systems and Fire Spinkler Systems in 3 to 6 Unit Residential Building” Page 41.
          
        
        
          Government
        
        
          A F FA I R S