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ICC Board Upholds Contested Fire Sprinkler Mandate

Following an International Code Council Appeals Panel recommendation to reject an NAHB appeal to set aside code changes mandating fire sprinklers in the 2009 International Residential Code, the ICC Board of Directors voted on Dec. 19 to uphold a vote mandating fire sprinkler systems in all new one- and two-family homes.

NAHB’s appeal had been backed by a number of industry groups that agreed with home builders that the code approval process had been unfairly influenced by third-party funding and an overwhelming influx of new voting representatives from the fire service.

At the appeal hearing in Chicago on Dec. 11, NAHB cited procedural problems on how the vote was cast and how advocates funded the voter turnout and it questioned whether the eligibility of all voting members was appropriately vetted. The ICC Appeals Panel decided against setting aside the vote, but it also recommended that the ICC Board of Directors reexamine some of its own rules and procedures, particularly those dealing with third-party funding.

Before voting on the appeal at its Dec. 19 meeting in Las Vegas, the ICC board allowed brief testimony from advocates on both sides of the issue. In its remarks, NAHB focused on the third-party funding issue and concerns about voter qualifications. In response, board members said that a select committee had already been appointed by the ICC president to look into these issues.

With the appeal process over, the focus now moves to state and local governments, where regulators will decide whether to implement the 2009 International Residential Code in its entirety. If adopted unamended, fire sprinklers will be required in all new townhouses immediately and in all one- and two-family homes constructed after Jan. 1, 2011.

NAHB state and local leaders will continue to press the case against residential fire sprinkler mandates, which can dramatically affect housing affordability, particularly in rural areas where there is no public water supply and in cold climates where freezing pipes will be a design and maintenance concern.

For more information, e-mail Calli Schmidt at NAHB, or call her at 800-368-5242 x8132.

 
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