Sign-on letter to the NYS State Fire Prevention and Building Code Council regarding a proposed code change that seeks to mandate the installation of automatic sprinklers in all one- and two-family new construction homes.

By John T. McDonald III, RPh, Assemblymember 108th District | December 5, 2024


December 5, 2024

NYS State Fire Prevention and Building Code Council One Commerce Plaza
Albany, NY 12231

Dear Council Members:

We write regarding our concerns related to the proposal to mandate automatic fire sprinkler systems in newly constructed one- and two-family residences in the draft update to the Uniform Fire Prevention and Building Code in Section R309. This is a well-intentioned idea to require new single- and two-family homes to have a fire sprinkler system installed; however, this is an unduly burdensome mandate on families at a time when affordability is a top priority in households and there is a shortage of affordable housing.

This consideration by the Codes Council is in conflict with the will of the state legislature. Both in 2014 and 2021 the Legislature and the Executive considered this issue and have taken progressive steps to educate the public on the option of installing a fire sprinkler system while understanding the reality of costs related to such installation. Solutions were achieved to balance the importance of safety yet also recognizing the pressures on individuals’ ability to enter the residential home market. Since that time the costs of entry have only increased as housing in general is in great demand which has caused an upward pressure on existing homes and new homes to market. This issue is compounded by the higher interest rates that even with a reduction in the past few months is still 2- 3% points higher than when the legislature reviewed this matter in 2021.

Residents of New York have left the state of New York for a variety of reasons, but the number one issue is affordability, as evidenced by the fact that out of the top 5 outmigration states, our adjoining neighbors of Connecticut, New Jersey and Pennsylvania are part of that top 5.

Estimates run the range of $2,000 to $20,000 for installation of a residential sprinkler system. Regardless of what the cost is, one more added mandate may have a significant impact on whether one qualifies for a mortgage or not which impacts many prospective new homeowners, especially those in the middle class. Additionally, as a former Mayor, Assemblymember McDonald is well aware of the fact that not every community has adequate water pressure to allow for charging of the lines. In most rural areas there is not even a municipal water system in place which adds a whole new dimension to cost and, in this day, and age when local governments are trying to grow their tax base, this initiative is counterproductive.

It is noteworthy that there are only a handful of states in the country (i.e. Maryland, California etc.) that have implemented the mandate of fire sprinkler systems in one- and two-family new construction. It is notable that there are hundreds of communities throughout the country that have exercised their local authority to mandate installation; however, that is done after a thoughtful review of the municipal infrastructure. I believe the Code Council might be better off educating local governments regarding their options so that they can make an informed decision instead of a one size fits all decision.

We are hopeful that the Codes Council keeps the aforementioned concerns in mind as you continue to deliberate this important matter. We believe a better resolution is to provide the option rather than require sprinkler systems, while continuing to educate the public on the importance of installing such systems.

Sincerely,

 

Cc: NYS Governor Kathy Hochul
NYS Assembly Speaker Carl Heastie NYS Secretary of State Walter Mosley

Assemblymember Bill Magnarelli

Assemblymember Carrie Woerner

Assemblymember Pamela Hunter

Assemblymember Didi Barrett

Assemblymember Pat Burke