New code requirement garners varying responses from local government

As predicted last summer at a Saint Charles County Municipal League meeting, the new International Building Code (IBC) in 2011 will require all new homes be built with sprinkler systems.

Apparently it is going to take every bit of that time to get all the various governmental entities coordinated – if it happens at all. This includes county government, all the city halls, as well as the fire and water districts, many of whom are now weighing the pros and cons of adopting the new code and implementation policies.

If it does come to pass, some are calling for strict coordination amongst political subdivisions to avoid duplication in services and undue cost increases that would eventually pass through to the end user – the new homebuyer.

However, many elected leaders think this is the worst of times to be forcing extra expense onto the price of a new home. Presently, St. Peters Mayor Len Pagano is leading a charge in opposition to the measure.

“Right now, I’m trying to get every political subdivision in the county to oppose that requirement,” Pagano said. “With this economy today – I look out and see all these developments sitting there dormant – this is just wrong. The wrong time.

“If people want to install sprinkler systems in their new homes, there’s nothing to stop them,” he added. “I just hate to see it be a requirement that makes the cost of a new home something that puts young families or retirees ready to downsize out of their new home.”

On the other hand, the Lake Saint Louis Board of Aldermen plan to take a measured approach, gathering information from all parties with which it would have to work to implement such a requirement.

Lake Saint Louis Mayor Michael Potter suggested the Board of Aldermen join him in an information gathering effort that could last well into the summer.
Lake Saint Louis Chief Building Inspector Mike Pavlakes introduced an overview of residential sprinkler systems followed up by a question and answer session with the aldermen in the first work session of 2009.

Alderman Pearson Buell (Ward 3) first reaction: If a sprinkler system saves even one life it would be worth it to bite the bullet and adopt the requirement.
“I’m going to be more like convince me why we shouldn’t rather than why we should,” Buell said.

Should the new requirement come to pass it would be especially complicated in Lake Saint Louis. The city is served by three different fire districts plus the water district which all must work in tandem with City Hall to adopt and enforce a measure of this magnitude.

Then, it was generally agreed that City Hall would have to coordinate with neighboring city and county governments so all building codes are close to similar if not 100 percent consistent.

As Alderman Harry Slyman (Ward 1) pointed out, if unincorporated St. Charles County, Wentzville, O’Fallon and Dardenne Prairie don’t adopt similar legislation the result would be that developers and home builders would dismiss building sites in Lake Saint Louis because of the added expense. Slyman reasoned that if residential building slows commercial expansion would also drop off.

“We’ve made so much progress in the last few years,” Slyman said. “We’ve finally become a real city.” Slyman credited the increase in operating capital because of expanding sales tax revenues for the city’s growth.

Alderman John Pellerito (Ward 3) said the reaction from Municipal League members when warned of the IBC change last summer was similar to Slyman’s initial response.

Adding, Pellerito said, “(Incidents of) fires in new homes are very low anyway. Most fires are in older buildings. …I don’t know about this when the economy is slow.”

St. Charles County Building Division Director Dave Hammond confirmed Pellerito’s points.

“The county probably won’t take up the issue until 2010 anyway,” Hammond said. Until the new IBC volume is issued in March, the building department won’t be able to review the changes.

“I don’t expect anything before the end of the year,” Hammond said. He then confirmed Pellerito’s assessment that new home construction has indeed slowed.

“Housing starts are down, no doubt,” Hammond said. “In 2008, single family building permits totaled 123. That was down from 137 in 2007.” And very few applications are working through the permitting process at this time.

“The most new building we have going on right now is commercial. This is really a bad time for this,” Hammond said.

However, this could be the forum that prompts all the affected parties to come to the table and discuss standardizing building codes among all municipalities in the region, suggested Sprinkler Fitters Local 268 Business Manager Mike Mahler.

The ICC, the organization that authors the IBC, is made up of code providers and fire marshals, Mahler said. “They aren’t affected by any special interest other than public safety and they’re trying to get everybody on the same page. In September, in Minneapolis, they voted to require the use of this technology to prevent deaths by fire.”

Now it is going to be up to the individual municipalities to either adopt the IBC as written or in part.

Mahler said it would drastically reduce costs if it the code was adopted as written. Absent a standardization by that process, it will be up to the individual municipalities and political subdivisions to do hours of legwork in advance to develop a clear and precise process so contractors can walk into a municipal building department knowing exactly what will be required.

“If the developers and contractors have to chase all over town and get approval from the fire department and the water department and every municipality is different, it just adds to the expense,” Mahler said.

He may get his day in court. Lake Saint Louis’ Mayor Potter asked Pavlakes to get all the fire chiefs together at City Hall to discuss with the board all the ramifications from the firefighting aspect.

“Let’s face it, if the fire districts all adopt this, we have to,” Potter said.

Lake Saint Louis Fire Chief Jeff Smith said the fire chiefs would try to meet with city leaders shortly after the first week in February.

More sprinkler talks in the future

As the discussion of mandatory sprinkler systems in new homes heats up, another group is wanting to add its voice.
Pat Sullivan, executive director of the Greater St. Louis Homebuilders Association (HBA), said his organization would be interested in joining potential meetings with city halls and fire chiefs. The HBA has supported those municipalities who are protesting the code change that would make sprinkler systems in new homes mandatory.

While he agreed that standardizing building codes would benefit everyone, he urged city and county leaders to do just what Lake Saint Louis is doing – take the time needed to fully study and understand every facet of the issue.

“We’re encouraging all elected officials to evaluate this matter very carefully before enacting the new code,” Sullivan said. “The HBA doesn’t have any motivation that isn’t altruistic. We don’t want unsafe homes.”

Most areas’ building codes require new homes be constructed with the latest cutting-edge fire detection and prevention equipment installed on every floor by the builders, he said.

But as most officials agree, if the water district serving a municipality can’t supply the water necessary to operate the designated sprinkler system within that jurisdiction the whole question is moot anyway.

St. Peters Mayor Len Pagano has studied the matter enough to know that, at this stage, he opposes the code change.

“I am actively trying to get every political subdivision in St. Charles County to oppose that requirement,” Pagano said, adding that he’d already fired off a letter to the IBC. He’s spoken with county government officials, the Cottleville and Central County fire protection districts.

“Cottleville and Central County (fire districts) have verbally confirmed that they won’t take up inspections for sprinkler systems in new houses,” Pagano said. “That’s not in writing yet but I know St. Paul doesn’t want it, (Mayor) Lloyd Reebs has written a letter to the IBC against it.”

Pagano also plans to approach the Municipal League membership as well as the St. Peters Board of Aldermen in coming weeks. The Municipal League meets at 6 p.m. Jan. 29 and Pagano said he wants to be ready to bring up the subject with the St. Peters aldermen at a Feb. 12 work session.

However, he is vitally interested in getting feedback from St. Peters residents. In his view, “If they want it, who am I to say I’m against it.”

“Right now, outside of people working in government, in the political subdivisions, no one seems to know about this,” Pagano said.

As that city has recently launched an eSurvey program to garner input from constituents, it is quite likely St. Peters residents will get the opportunity to weigh in on this matter in the very near future.

Better start studying up now.