Maine Uniform Building and Energy Code
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Draft of the Maine Building Codes and Standards Board Meeting Minutes
April 15, 2010
Meeting opened at: 9:15 a.m.
Introductions of Board and Staff
Board members present: Rich McCarthy, Dick Lambert, Jeff Ohler, Roger Rossignol, Dick Tarr, Rick Karg, Mike Pullen, Paul Becker, Russ Martin, Shiloh Ring and Barry Chase
Board members excused: Commissioner Jordan
DPS Staff present: Dick Dolby and Kathy Chamberlain
Legal Counsel: Chris Mann
REVIEW OF THE 4/1/10 MINUTES
Motion: Jeff Ohler motioned to accept the minutes as presented
Seconded: Paul Becker
Vote: Unanimous with two abstentions
FINANCIAL UPDATE – Dick Dolby
As of this date, there is $219,928.04 in the commercial plans FMO surcharge account.
Training and Certification Committee Report and Vote
Final draft of the Rulemaking document on the training and certification that will be required for CEOs and Third-party Inspectors was reviewed for any final changes. Dick Lambert asked a question about the date of “grandfathering.” Jody Harris will make the minor changes. The State Planning office will have a public hearing on this soon, if it is accepted by the Committee with minor changes to be made. A vote is not needed by the whole board, only the Training and Certification Committee. The Committee recommended accepting the final draft with changes made to go forward into the Rule-Making process.
Sprinkler TAG Members Report and Vote
Dick Tarr reported for the Sprinkler TAG board members. There is some common ground that was found amongst the Sprinkler TAG members. He recommended that the Board go through the decision tree. Should sprinklers be included in one and two family new construction in the adoption of the 2009 IRC?
The Fire Marshal’s Office has been holding off adopting the 2009 NFPA codes to see what this Board is going to decide. In the initial law, the board was charged with resolving the conflicts between the NFPA (Fire and Life Safety Code) and the 2009 Building Codes to be adopted (IRC, IBC, IEBC and ICC). The 2006 NFPA doesn’t have sprinklers in it, but the 2009 does contain it. That’s the conflict.
Dir. Dick Dolby read a summary he had created from the Sprinkler TAG meetings, in the areas of consensus reached by the members. Some of these ideas included:
Delay sprinklers being mandatory for a year or two.
Use the NFPA 13-D system – should be followed verbatim in installation
Residential properties – seasonal considered?
No consensus to permit seasonal buildings out of the requirements.
Threshold size – living space only considered in the figuring of sq footage, not utility spaces, garages, decks, etc.
There was difficulty on deciding on the size to require sprinklers be installed – 3,000? 2,000? Sq ft.
Based on economics, mostly the low income couldn’t afford to build perhaps if sprinklers are required, due to the additional cost projected to be approximately $125.00/sq ft.
If a requirement was not applicable to smaller buildings – perhaps have a protection system for ceilings and walls as in lightweight construction for example.
Almost all had polarization on mandatory or voluntary?
Mandate and cost are the two key factors in this issue. If the towns who have adopted sprinklers under their Fire/Life safety codes or perhaps Land use (subdivisions) rules that might be able to stay as it is not considered a building code.
Westbrook, Randolph and Rockland currently have sprinklers in their rules, unknown if it’s in their own building codes or in Fire/Life safety or Land Use rules.
Rich McCarthy, FMO, wrote up a clarification to be included in our MUBEC adoption that states:
“3. Ordinances: Effective December 1, 2010, except as provided in subsection 4 and section 9725, any ordinance regarding a building code of any political subdivision of the State that is inconsistent with the Maine Uniform Building and Energy Code is void.
Clarification: This section of Statute would not apply to any adopted Fire & Life Safety Code, fire safety ordinance or any land use ordinance.
Motion: Adopt clarification in state Statute as written by the Fire Marshal’s office dated 3/31/10.
Seconded by Jeff Ohler
Vote: 8 yes 3 no
2006 NFPA and the 2009 IRC
Roger Rossignol offered that because of the MUBEC (Maine Uniform Building and Energy Code) adoption in communities with no codes in effect right now that may contain sub-standard housing – the adoption of the codes along will raise the costs of construction. Adding sprinklers on top of that will add a lot more cost. The Board went down through the ‘Decision tree” created by them to consider conflicts, on the issue of adding sprinklers to the adopted Code.
Conflict listed: 2009 IRC 313.2 vs 2006 NFPA 101 – Section 24.3.5.1
1. Does the more restrictive rule improve health, welfare or life safety? Yes
2. Identify potential financial impact: Costs more
3. Does Added Cost significantly influence health, welfare or life safety in the state? No - Adopt Less Restrictive
Motion: Roger Rossignol (referring to decision tree) does added cost significantly influence health, welfare, or life safety in the state? No. We should adopt the less restrictive in the 2009 IRC.
Sprinklers do save lives, but sub-standard housing costs more lives.
Second: by Rick Karg
Vote: 10 yes 1 negative (Rich McCarthy)
Discussion on residential construction using light weight components…..Have perhaps the Fire/Life Safety, IRC, IBC and Sprinkler TAGS meeting to discuss this issue.
Mr. Scott Rollins from LURC would like to address the Board at the next meeting to discuss what LURC does with building permits, etc.
Codes/Rule-making Continued Review – Chris Mann, Asst A.G.
Chris had sent out a questionnaire to the Board prior to today’s meeting, for some of the answers he needs to finish up the Chapter 1 for the MUBEC rule-making. Questions were discussed and answers given. In the interest of time, we couldn’t finish all of these and will continue at the next meeting.
*Decided the Board will meet on 4/29 to continue with these.
TAGS Update
Mechanical – have a meeting on 5/6/10
Energy – meeting today at 11:30 a.m.
Fire/Life Safety and IBC meet on 4/22 and 5/13
Public Comment
Peter Cutrer, Sanford Fire Marshal commented that he was disappointed that most of the realtors had left the room after today’s vote on the sprinkler issue. He doesn’t think that either side has made a victory today. He is disappointed that realtors have pushed against this because of affordability.
Ken Dixon, Chief of Andover F.D. addressed the board as well on the sprinkler issue. $1.50 to $6.00/sq ft. is the costs for installation of sprinkler systems. He is disappointed also that today’s discussion about sprinklers evolved around affordability.
Barbara Berry, Maine Realtor’s Association, commented that the people need to be educated about sprinklers and let them have a choice, not to make it mandatory.
Ashley Richards, homebuilder/remodeler who also does low income weatherization. When someone sells a house, it should be required to have hard-wired smoke alarms. She thinks folks won’t give up granite counter tops in order to put in a sprinkler system, but believes it should be voluntary to put them in.
Meeting ended at 11:40 p.m.
Respectfully submitted,
Kathy Chamberlain
Secretary
April 15, 2010
Meeting opened at: 9:15 a.m.
Introductions of Board and Staff
Board members present: Rich McCarthy, Dick Lambert, Jeff Ohler, Roger Rossignol, Dick Tarr, Rick Karg, Mike Pullen, Paul Becker, Russ Martin, Shiloh Ring and Barry Chase
Board members excused: Commissioner Jordan
DPS Staff present: Dick Dolby and Kathy Chamberlain
Legal Counsel: Chris Mann
REVIEW OF THE 4/1/10 MINUTES
Motion: Jeff Ohler motioned to accept the minutes as presented
Seconded: Paul Becker
Vote: Unanimous with two abstentions
FINANCIAL UPDATE – Dick Dolby
As of this date, there is $219,928.04 in the commercial plans FMO surcharge account.
Training and Certification Committee Report and Vote
Final draft of the Rulemaking document on the training and certification that will be required for CEOs and Third-party Inspectors was reviewed for any final changes. Dick Lambert asked a question about the date of “grandfathering.” Jody Harris will make the minor changes. The State Planning office will have a public hearing on this soon, if it is accepted by the Committee with minor changes to be made. A vote is not needed by the whole board, only the Training and Certification Committee. The Committee recommended accepting the final draft with changes made to go forward into the Rule-Making process.
Sprinkler TAG Members Report and Vote
Dick Tarr reported for the Sprinkler TAG board members. There is some common ground that was found amongst the Sprinkler TAG members. He recommended that the Board go through the decision tree. Should sprinklers be included in one and two family new construction in the adoption of the 2009 IRC?
The Fire Marshal’s Office has been holding off adopting the 2009 NFPA codes to see what this Board is going to decide. In the initial law, the board was charged with resolving the conflicts between the NFPA (Fire and Life Safety Code) and the 2009 Building Codes to be adopted (IRC, IBC, IEBC and ICC). The 2006 NFPA doesn’t have sprinklers in it, but the 2009 does contain it. That’s the conflict.
Dir. Dick Dolby read a summary he had created from the Sprinkler TAG meetings, in the areas of consensus reached by the members. Some of these ideas included:
Delay sprinklers being mandatory for a year or two.
Use the NFPA 13-D system – should be followed verbatim in installation
Residential properties – seasonal considered?
No consensus to permit seasonal buildings out of the requirements.
Threshold size – living space only considered in the figuring of sq footage, not utility spaces, garages, decks, etc.
There was difficulty on deciding on the size to require sprinklers be installed – 3,000? 2,000? Sq ft.
Based on economics, mostly the low income couldn’t afford to build perhaps if sprinklers are required, due to the additional cost projected to be approximately $125.00/sq ft.
If a requirement was not applicable to smaller buildings – perhaps have a protection system for ceilings and walls as in lightweight construction for example.
Almost all had polarization on mandatory or voluntary?
Mandate and cost are the two key factors in this issue. If the towns who have adopted sprinklers under their Fire/Life safety codes or perhaps Land use (subdivisions) rules that might be able to stay as it is not considered a building code.
Westbrook, Randolph and Rockland currently have sprinklers in their rules, unknown if it’s in their own building codes or in Fire/Life safety or Land Use rules.
Rich McCarthy, FMO, wrote up a clarification to be included in our MUBEC adoption that states:
“3. Ordinances: Effective December 1, 2010, except as provided in subsection 4 and section 9725, any ordinance regarding a building code of any political subdivision of the State that is inconsistent with the Maine Uniform Building and Energy Code is void.
Clarification: This section of Statute would not apply to any adopted Fire & Life Safety Code, fire safety ordinance or any land use ordinance.
Motion: Adopt clarification in state Statute as written by the Fire Marshal’s office dated 3/31/10.
Seconded by Jeff Ohler
Vote: 8 yes 3 no
2006 NFPA and the 2009 IRC
Roger Rossignol offered that because of the MUBEC (Maine Uniform Building and Energy Code) adoption in communities with no codes in effect right now that may contain sub-standard housing – the adoption of the codes along will raise the costs of construction. Adding sprinklers on top of that will add a lot more cost. The Board went down through the ‘Decision tree” created by them to consider conflicts, on the issue of adding sprinklers to the adopted Code.
Conflict listed: 2009 IRC 313.2 vs 2006 NFPA 101 – Section 24.3.5.1
1. Does the more restrictive rule improve health, welfare or life safety? Yes
2. Identify potential financial impact: Costs more
3. Does Added Cost significantly influence health, welfare or life safety in the state? No - Adopt Less Restrictive
Motion: Roger Rossignol (referring to decision tree) does added cost significantly influence health, welfare, or life safety in the state? No. We should adopt the less restrictive in the 2009 IRC.
Sprinklers do save lives, but sub-standard housing costs more lives.
Second: by Rick Karg
Vote: 10 yes 1 negative (Rich McCarthy)
Discussion on residential construction using light weight components…..Have perhaps the Fire/Life Safety, IRC, IBC and Sprinkler TAGS meeting to discuss this issue.
Mr. Scott Rollins from LURC would like to address the Board at the next meeting to discuss what LURC does with building permits, etc.
Codes/Rule-making Continued Review – Chris Mann, Asst A.G.
Chris had sent out a questionnaire to the Board prior to today’s meeting, for some of the answers he needs to finish up the Chapter 1 for the MUBEC rule-making. Questions were discussed and answers given. In the interest of time, we couldn’t finish all of these and will continue at the next meeting.
*Decided the Board will meet on 4/29 to continue with these.
TAGS Update
Mechanical – have a meeting on 5/6/10
Energy – meeting today at 11:30 a.m.
Fire/Life Safety and IBC meet on 4/22 and 5/13
Public Comment
Peter Cutrer, Sanford Fire Marshal commented that he was disappointed that most of the realtors had left the room after today’s vote on the sprinkler issue. He doesn’t think that either side has made a victory today. He is disappointed that realtors have pushed against this because of affordability.
Ken Dixon, Chief of Andover F.D. addressed the board as well on the sprinkler issue. $1.50 to $6.00/sq ft. is the costs for installation of sprinkler systems. He is disappointed also that today’s discussion about sprinklers evolved around affordability.
Barbara Berry, Maine Realtor’s Association, commented that the people need to be educated about sprinklers and let them have a choice, not to make it mandatory.
Ashley Richards, homebuilder/remodeler who also does low income weatherization. When someone sells a house, it should be required to have hard-wired smoke alarms. She thinks folks won’t give up granite counter tops in order to put in a sprinkler system, but believes it should be voluntary to put them in.
Meeting ended at 11:40 p.m.
Respectfully submitted,
Kathy Chamberlain
Secretary
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