Safety and Buildings Division Alteration and Change of Occupancy Code Advisory Committee Meeting Summaries

Meeting summaries are subject to review at a subsequent meeting

Thursday, November 10, 2005, 9:30 a.m. to 2 p.m., Department of Commerce, 201 West Washington Ave., Room 3C, Madison, Wisconsin

Council Member Attendance:    Joel Becker - A; Steve Gleisner - P; Bruce Johnson - P; David Lind - Ex; Paul Menches - P; John Periard - A; Charles Quagliana - P; Chris Rute  - P; Jim Sewell - P; Harry Sulzer - P; David Vos - Ex.
   
Guests: Paul Brummund, Potter Lawson

Department of Commerce Staff: Jim Quast, Diane Meredith, Jon Molzahn, Tom Kasper

Welcome and Introductions
Chris Rute opened the meeting with a round of introductions.  The agenda was accepted as written.  The progress report was accepted with a modification to change the NFPA reference to NFPA section 15.6.2.5.  (See NFPA reference as used under the topic -Discussion of the use of the term “sufficient water supply”.)

Division Updates
Jim Quast reported that Greg Jones has been appointed as the new Division of Safety and Buildings Administrator.  Greg came to Safety and Buildings from the Department of Workforce Development. 

Jim also noted that it was hoped by the end of the meeting that the Council could give a recommendation to incorporate the 2006 IEBC into the Wisconsin Commercial Building Code (WCBC) and include the modifications for public hearing.

Jim indicated the Commercial Building Code Council (CBCC) and the Multifamily Dwelling Code Council (MDCC) will be meeting on December 8, 2005 to hear reports from the following Specialty Councils and to review the proposed public hearing draft: Alteration and Change of Occupancy, Energy Conservation, Mechanical and Fuel Gas, Fire Safety, Fire Systems.

Jim reported that the following bills have been introduced in the Senate: Senate Bill 325 relating to improving air quality in older schools; Senate Bill 379 relating mainly to tax credits for the restoration of historic buildings.

Jim also noted that Comm 72 relating to cleaning of historic buildings has been sent to the Legislature for review.  The 30-day review period will expire at the end of next week.  If there are no objections, the Department may adopt the rules.  The members asked if they could get an update on the status after Legislative Review.

Jim explained the timeline for the update of the WCBC, which is: Hold public hearings (March 2006); Meet with the Specialty Councils, as needed, based on public hearing comments (April and May 2006); Meet with the CBCC/MDCC (June 2006); Submit final rules to the Legislature for review (August 2006); Adopt rules (November 2006); Rules in effect (January or February 2007) 

Review of ICC changes to the International Existing Buildings Code (IEBC)
Jim Quast reported that of all the recently proposed changes to the IEBC only the following changes to the IEBC appeared to have significant impact:
- IEBC chapter 3 was created and the requirements relate to a prescriptive compliance method.  It appears the intent of IEBC chapter 3 is to provide a very condensed version of requirements that are contained in IEBC chapters 4 to 12.  Jim explained the reason the ICC Committee added these prescriptive requirements was supposedly to provide more code flexibility in rehabilitating existing buildings; however, Jim felt these prescriptive rules are too ambiguous, especially under proposed IEBC section 305.1, and do not add value to the other IEBC requirements.  The members also agreed and confirmed the recommendation to eliminate the requirements under IEBC chapter 3.
- IEBC section 912.2.1 relating to sprinkler systems for changes in occupancies has been modified to require the area that is changed in occupancy to be protected with the sprinklers when the new occupancy requires sprinklers under the chapter 9 thresholds of the IBC.  Some members felt that partial systems are not accepted in some municipalities and full sprinklers may end up being required.
- IEBC section 507.3 relating to seismic is recommended to be eliminated.  Larry Swaziek, Program Manager for structural topics, reviewed the proposed requirements and felt they may be overly burdensome on existing buildings, especially when existing buildings are only being repaired.  The members agreed that the requirements under IEBC section 507.3 should be eliminated.

Chris Rute asked the members to give their overall impression of adopting the IEBC to be used with the IBC and other ICC codes and the majority of the members felt comfortable with using the IEBC.  The following concerns were identified during this discussion:
- A few members raised concerns with the use of the term “sufficient municipal water supply” and the lack of substantive requirements for measuring this requirement.  They were also concerned with a number of other specific issues relating to fire safety issues.  (See discussion of specific items under “Discussion of Concerns Raised by Wisconsin Fire Chiefs’ Association.”)
- The majority of the other members felt the concerns that have been identified with the current IBC requirements relating to alterations and changes in occupancy to existing buildings will be clarified under the IEBC and will make administration and enforcement easier.
- It was also suggested to ensure all of the pertinent requirements relating to Comm 70 are included under the IEBC since Comm 70 will be repealed.

Discussion of Concerns Raised by Wisconsin State Fire Chiefs’ Association
Paul Menches, who represents the Wisconsin State Fire Chiefs’ Association, presented a list of concerns raised by the association.  The following are some of the major concerns from the list and the proposed recommendations that address these concerns:
- Appears to be a lack of consideration of NFPA model codes and a referencing of the International Fire Code instead of the NFPA 1.
Jim Quast explained that the Department has gone on record stating Wisconsin will use the ICC codes for building construction related areas and that Comm 14, Fire Prevention Code, will use the NFPA 1 code for fire prevention issues with the built environment.
- Appears the International Fuel Gas Code (IFGC) is only referenced and not NFPA 54, National Fuel Gas code, which is adopted under Comm 40. Jim Quast noted that under the Wisconsin modifications to the IFGC the NFPA 54 standard is also referenced regarding gas piping.  Chapter Comm 40’s reference to NFPA 54 applies only to liquefied petroleum gas delivery to buildings.
- Appears that only the building official has the authority over existing buildings as specified under IEBC section 103.  Jim noted IEBC chapters 1 and 3, which use the “building official authority” terminology, would be eliminated.  It was pointed out the term is defined under section IBC section 202 and does not give preference to either building or fire personnel.  Jim feels that current administration and enforcement rules permit both the Division, its authorized representatives of the Division and the local fire personnel to make decisions on fire and life safety issues.
- Concern that the requirements using the wording of “sufficient municipal water supply” do not provide enough specification for determining if the water supply is adequate.
The members suggested the NFPA 5000 language relating to “adequate water supply” be used to provide the specification necessary for determining whether there is sufficient water supply.  They also discussed when there is not sufficient municipal water supply, the local fire personnel should help determine alternate types of protection. The following IEBC code sections were identified for modification to address the “sufficient municipal water supply:
IEBC section 704.2.2 relating to certain occupancies requiring sprinklers when the building is altered.
IEBC section 704.2.3 relating to windowless floor levels.
IEBC section 704.2.4 relating sprinklers in buildings listed in IBC Table 903.2.13.
IEBC section 804.1.1 relating to high-rise buildings.
IEBC section 804.1.2 relating to rubbish and linen chutes.
-Concern with permitting no sprinklers in concealed spaces in certain altered buildings when a building is changed in occupancy.
The members felt that during previous meetings, it was decided to permit the omission of sprinklers only for those combustible concealed spaces that were not accessible.  Typically, these spaces include small areas where it would be virtually impossible to remove the existing materials to provide the sprinklers without destroying existing material.  It was noted that sprinklers still were to be provided in accessible combustible concealed spaces when required.  The members recommended the exception under Comm 66.0701 be retained.

Council Recommendation
The majority of the members agreed the IEBC should be adopted for used with the other ICC suite of codes and indicated the suggestions discussed today should be included in the public hearing draft.  Paul Menches abstained until the Wisconsin Fire Chiefs’ Association has reviewed the progress report and the proposals relating to the fire sprinkler issues.

Meeting of the CBCC/MDCC
The ACO Code Council felt they do not need another meeting to discuss the proposals relating to the adoption of the IEBC.  The proposed rule draft will be shared with the members prior to the proposed public hearing draft being shared with the CBCC/MDCC.  The members of the ACO Code Council are welcome to come and monitor the CBCC/MDCC meeting scheduled for December 8, 2005 at the Holiday Inn-Madison East starting at 9:30 a.m..

Thursday, June 9, 2005, 9:30 a.m. to 12:15 p.m., Department of Commerce, 201 West Washington Ave., 1st Floor Human Resources Conference Room, Madison, Wisconsin

Council Member Attendance:  Joel Becker (Alt. David Dell’Agnese) P; Steve Gleisner A; Bruce Johnson P; David Lind A; Paul Menches P; John Periard (Alt. Michelle Feldman) P; Charles Quagliana A; Chris Rute P; Jim Sewell A; Harry Sulzer P; David Vos P

Department of Commerce Staff: Jim Quast, Diane Meredith, Jon Molzahn, Tom Kasper,

Welcome and Introductions
Chris Rute opened the meeting with a round of introductions. The agenda and the progress report were accepted as written.

Division Updates
Jim Quast reported that Kimberly Walker, Division Administrator for Safety and Buildings, has left the Division to assume the Division Administrator’s position at the Department of Administration, Division of Energy. Ron Buchholz has been appointed as the acting administrator until a permanent replacement is found.

Jim explained that the two Fire Specialty Councils have met within the last few weeks and are reviewing the pertinent material from the ICC code change process, which will become part of the 2006 IBC. Jim said the work of this Council might be included with the other revisions to the Wisconsin Commercial Building Code (WCBC) and the public hearings would be combined for all of these projects.

Tom Kasper noted that the plan review times are around 2 to 3 weeks out due to construction picking up. He also explained that plan reviews are scheduled only through the web-scheduling process; faxing is no longer accepted.

Explanation of the use of the IEBC chapter 12 Compliance Alternatives to the Grain Exchange Building in Milwaukee
Chris Rute explained the handout material relating to the IEBC chapter 12 analysis on the Grain Exchange Building in Milwaukee. He explained the Grain Exchange Building is a historic structure that was changed in occupancy from office spaces to residential condominium units and the analysis using IEBC chapter 12 was done for the Historic Building Code Council’s work on updating Comm 70, Historic Building Code. Using chapter Comm 70, the change of occupancy and alterations to Grain Exchange Building did not require sprinklers and elevator controls since the building obtained enough positive values in other evaluation categories and the total building safety score met the minimum passing scores without providing these elements. The compliance alternatives under IEBC chapter 12 are very similar to the building evaluation system used under Comm 70. However, the IEBC would require sprinklers in high-rise buildings converted to a Group R occupancy, and require the existing elevators to be provided with Phase I- emergency recall operation and Phase II- firefighters’ emergency operation. Chris expressed that IEBC chapter 12 is more refined and addresses the categories in more depth than the building evaluation method used under chapter Comm 70. He also noted from a building inspector’s point of view, applying IEBC chapter 12 to any existing building provides alternatives without requiring strict compliance with the requirements under IEBC chapters 3 to 8.

The members discussed whether the option under the current International Building Code (IBC) to increase the number of stories of an existing building when the building is sprinklered would be permitted, and it was decided that this is recognized under the IEBC chapter 12, Compliance Alternatives. Paul Menches stated that buildings may change occupancy many times and new occupancies may pose certain hazards that were not present under the old occupancy and advocates the use of sprinklers.  Jim Quast noted that under the current WCBC sprinklering would be required when the occupancy of existing buildings are changed to an A-2 assembly occupancy and to high-rise buildings changed in use to an R-2 residential occupancy. By general consensus, the council members agreed that these requirements should be carried forth under the IEBC.

Reviews of IEBC chapters 10 and 11
The members did not identify any specific concerns with either IEBC chapter 10 or 11. They did discuss that Comm 70 could probably be eliminated and any modifications could be included under IEBC chapter 10, such as the exhibit building requirements.

The members felt that the requirements under IEBC chapter 13 relating to safeguards should be eliminated. Similar safeguarding requirements were eliminated under the IBC.

Discussion of the use of the term “sufficient water supply”
The members reviewed the handout material showing the various provisions within the IEBC where the terms “sufficient municipal water supply” and “water supply” are used. Questions were raised as to what would be required under IEBC section 604.2.2 if there were not sufficient water supply or pressure? Under IEBC section 604.2.2 states that, for certain occupancies, sprinklers are to be provided in work areas that include exits or corridors shared by more than one tenant and where three conditions occur. Jim Quast explained that if one of the three conditions specified under IEBC section 604.2.2, 1. to 3. could not be met, such as sufficient water supply, the sprinklers would not be required. The members discussed who would be making the determination if a building has insufficient water supply or water pressure and what qualifies it as being insufficient. Jim Quast explained that the NFPA 5000 section 15.6.5.2.1, which defines what is meant by adequate water supply, could be included as a Wisconsin modification. A number of the members felt that including this wording might solve many of the concerns raised by the fire service. It was also noted where there is insufficient water supply and there are unique conditions a petition for variance showing equivalency to the rule could be submitted. There was also the question as to the application of “sufficient water supply” whether it applies to a point at the main or to the system design and the most remote sprinkler. It was also noted that the NFPA language provided to “authority having jurisdiction” the ability to recognize alternative protection when wet sprinkler systems cannot be provided, such as dry systems. The members felt there should be consistency in what alternatives would be acceptable when the water pressure is insufficient to provide sprinklers.

The members also questioned whether there are that many buildings where the building could not be connected to a municipal water supply and there is not sufficient water supply or pressure to support a sprinkler system. Chris Rute asked Paul Menches to gather information on these type scenarios for the next meeting. Paul will share his research information with staff, who will then distribute to the members.

Sprinklering in non-accessible concealed spaces
Jim Quast explained that under the recent changes to chapter Comm 70 there was a requirement added that sprinklers could be omitted where concealed spaces are not accessible and the members felt similar language should be included as a modification to the IEBC.

Timeline for project
Jim Quast explained the timeline for this project to review the IEBC would run on a parallel track with the revisions for updating the suite of ICC codes. If this Council finishes its’ review at the same time as the other Specialty Councils, the proposed modifications may be included under the same public hearing draft for the other ICC codes. The goal is have a public hearing draft ready by the end of this year or early next year so the hearings can be scheduled for early spring (March or April). The rules would need to be submitted to the Legislative Committees for review no later than the end of August of 2006 in order to have an effective date for early 2007.

Homework assignments
Review the 2004/2005 IEBC proposed changes and the decisions made for each proposal at the ICC hearings held in early spring. The next round of challenges to these proposals will be available in August and staff members will send them the members for their review. At the next meeting, staff would have a preliminary draft of changes to the IEBC for consideration by the Council.

Next meeting:  The next meeting for the ACO Code Council is scheduled for sometime in early October.