BILL ANALYSIS
AB 1127
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1127 (Solorio) - As Introduced: February 27, 2009
SUBJECT : School facilities: automatic fire sprinkler system
SUMMARY : Requires all modernization projects that have an
estimated total cost in excess of $500,000 to include an
automatic fire sprinkler system. Specifically, this bill :
1)Requires, on and after July 1, 2010, all modernization
projects that have an estimated total cost in excess of
$500,000 submitted to the Division of State Architect (DSA),
including but not limited to, hardship applications, which
require the approval of the Department of General Services, to
include an automatic fire sprinkler system. Provides that a
school district may defer installation of an automatic fire
sprinkler system until the final phase of a modernization
project if the project is to be completed in more than one
phase.
2)Defines "modernization" to mean any modification of a
permanent structure or construction of a new building on an
existing campus.
3)Specifies that the automatic fire sprinkler system shall
consist of an automatic fire sprinkler system installed
throughout the school building in accordance with building
standards adopted by the State Fire Marshal.
4)Requires the State Allocation Board (SAB) to adjust the
per-pupil grant amount for modernization projects to pay for
80% of the increased costs of an automatic fire sprinkler
system.
EXISTING LAW :
1)Requires, under the Leroy F. Greene School Facilities Act of
1998, the SAB to allocate to applicant school districts,
prescribed per-unhoused-pupil state funding for construction
and modernization of school facilities, including hardship
funding, and supplemental funding for site development and
acquisition.
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2)Authorizes the SAB to establish supplemental funds for
specified purposes.
3)Requires the DSA, under the police power of the state, to
supervise the design and construction of any school building
or the reconstruction or alteration of or addition to any
school building to ensure that plans and specifications comply
with existing law and Title 24 regulations (the California
Building Standards Code).
4)Requires all new construction projects to include an automatic
fire detection, alarm, and sprinkler system, and all
modernization projects in excess of $200,000 to include an
automatic fire detection and alarm system.
FISCAL EFFECT : Unknown
COMMENTS : Background . In order to be eligible for state
education bond funds, the School Facility Program requires a
local educational agency to receive approval from the CDE to
ensure that the selected site and school specifications are safe
and meet the school's education plan and the DSA to ensure that
the architectural design plans meet fire, life and safety
requirements; Field Act requirements; and access requirements
under the Americans with Disability Act. Since July 1, 2002, SB
575 (O'Connell), Chapter 725, Statutes of 2001, requires all new
construction projects submitted to the DSA for approval of
architectural plans to include an automatic fire detection,
alarm, and sprinkler system and all modernization projects over
$200,000 to include an automatic fire detection and alarm
system, but not a fire sprinkler system.
This bill requires, beginning July 1, 2010, all projects over
$500,000 submitted to the DSA to include an automatic fire
sprinkler system. The bill also requires the SAB to adjust the
modernization per pupil grants to accommodate 80% of the
increased costs of an automatic fire sprinkler system, similar
to the increases provided by SB 575. The SAB provides the
increases in the form of a supplemental grant as shown in the
table below. Total grant amounts are determined by the number
of eligible pupil grants multiplied by the supplemental grant
amounts:
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-----------------------------------------------------------------
| |
| Supplemental Grants (per pupil basis) |
-----------------------------------------------------------------
|----------------------------------------+-------------+-----------|
| |New |Modernizati|
| |Construction |on |
|----------------------------------------+-------------+-----------|
|Automatic Fire Detection/Alarm System - | $11 | $114 |
|Elementary | | |
|----------------------------------------+-------------+-----------|
|Automatic Fire Detection/Alarm System - | $15 | $114 |
|Middle | | |
|----------------------------------------+-------------+-----------|
|Automatic Fire Detection/Alarm System - | $25 | $114 |
|High | | |
|----------------------------------------+-------------+-----------|
|Automatic Fire Detection/Alarm System - | $48 | $318 |
|Special Day | | |
| Class - Severe | | |
|----------------------------------------+-------------+-----------|
|Automatic Fire Detection/Alarm System - | $33 | $213 |
|Special Day | | |
| Class - Non-Severe | | |
|----------------------------------------+-------------+-----------|
|Automatic Sprinkler System - Elementary | $158 | |
|----------------------------------------+-------------+-----------|
|Automatic Sprinkler System - Middle | $188 | |
|----------------------------------------+-------------+-----------|
|Automatic Sprinkler System - High | $194 | |
|----------------------------------------+-------------+-----------|
|Automatic Sprinkler System - Special | $497 | |
|Day Class - Severe | | |
|----------------------------------------+-------------+-----------|
|Automatic Sprinkler System - Special | $334 | |
|Day Class - Non- | | |
| Severe | | |
------------------------------------------------------------------
Title 24 Regulations. DSA grants approvals based on the
requirements specified by Title 24 of the California Code of
Regulations (California Building Standards Code). In addition
to the requirement that all new school facilities, including new
portable buildings, include automatic sprinkler systems, Title
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24 currently also requires the installation of an automatic
sprinkler system under specified conditions for modernization
projects, including any area greater than 20,000 square feet
(e.g., expansion of a schoolsite), throughout every portion of
buildings under the exit level (unless every classroom on the
exit level has at least one exterior exit door), and in rooms or
areas with special hazards such as laboratories, vocational
shops and other such areas where hazardous materials are used or
stored. Larger rooms, such as those with an occupancy load of
300 or more or auditoriums also require installation of
automatic fire sprinkler systems.
Title 24 defines an automatic sprinkler system as "an integrated
system of underground and overhead piping designed in accordance
with fire protection engineering standards. The system includes
a suitable water supply. The portion of the system above ground
is a network of specially sized or hydraulically designed piping
installed in a structure or area, generally overhead, and to
which automatic sprinklers are connected in a systematic
pattern. The system is usually activated by heat from a fire
and discharges water over the fire area."
According to the DSA, the cost to install automatic fire
sprinklers varies depending on the size of the building and any
support systems needed. For example, a new water underground
fire line may need to be installed to connect with the local
water district's main line or a water storage tank may need to
be added, especially in rural areas, where the water pressure
may be weak. It is unclear whether the supplemental grants take
into account the costs for support systems. DSA also indicates
that installation of an automatic sprinkler system is sometimes
more cost effective than incorporating fire resistance
materials.
Need for the bill . According to information provided by the
author, the National Fire Protection Association, based on data
gathered from the United States Fire Administration's National
Fire Incident Reporting System reports that from 2002-2005,
6,560 structure fires occurred on educational properties
nationally. These fires cause on average 95 civilian injuries
and $99 million in direct property damage each year in addition
to indirect costs due to displacement of students and faculty or
injuries.
Data from the State Fire Marshal's California All Incident
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Reporting System show that between 2000 and 2008, there was a
total of 1,101 education system structure fires throughout the
state, with property losses estimated at $48.4 million and
contents losses estimated at $20 million.
Prior Legislation . AB 2343 (Nation), introduced in 2004, is a
similar bill that was vetoed by the Governor. The bill differed
from AB 1127 in that instead of requiring the installation of
sprinklers on modernization projects based on cost, the bill
required the installation of automatic fire sprinklers only if
the modernization project is structural in nature, is made on a
multistory building, or a building that has exits that open onto
an enclosed hallway or corridor. The triggers in this bill
address the concerns of opposition that the installation of
sprinklers requires major structural work. The bill also
allowed the SAB to waive the requirement if the cost of the
automatic sprinkler system is more than 20% of the replacement
cost of the building. This provision addresses opposition
concerns that the costs to install a fire sprinkler system may
trigger the requirement to replace a building or bring the
building up to current building code standards.
The author may wish to consider adopting the provisions in AB
2343 rather than triggering the requirement based on cost of the
project.
Arguments in Support . The author states, "In 2001, Senate Bill
575 was signed into law after a fire occurred in the Green
OaksFamily Academy Elementary School in East Palo Alto. Now
known as the Green Oaks Family Academy Elementary School Fire
Protection Act, it requires all new school construction projects
to include fire alarms and fire sprinklers, and modernization
construction projects in excess of $200,000 to an existing
school building to include only fire alarms.
"National statistics have long proven that fire sprinklers save
lives and property. Unfortunately, Senate Bill 575, in 2001 did
not include fire sprinklers in those construction projects that
are designed to modernize our existing educational properties.
Fire sprinklers prevent damaging fires and will ultimately
reduce the costs to school districts."
Sprinkler Fitters Local 709, states, "Opponents of AB 1127, who
are not fire safety experts, say fire alarms are adequate, and
nothing else should be required. They also say that fire-rated
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building construction components are all that is necessary in
protecting our children and school properties. However, fire
alarms only warn the occupants of a fire, but do not extinguish
the fire. Most fires in schools are intentionally set, and
occur during nighttime hours and over weekends and school
breaks. Thus, fire alarms provide little protection when a
school is not occupied."
Arguments in Opposition . The Coalition for Adequate School
Housing (C.A.S.H.) argues that SB 575 excluded sprinklers due to
potential exorbitant costs, which could include the need to
build the infrastructure to support a sprinkler system,
insufficient water pressure in certain areas of the states, and
the potential of reaching the cost threshold that triggers the
requirement for the modernization project to meet all current
building codes. C.A.S.H. further argues that while fire
detection systems are designed for life safety, automatic fire
sprinkler systems are designed to protect infrastructure from
fire destruction.
REGISTERED SUPPORT / OPPOSITION :
Support
California Fire Chiefs Association
California Labor Federation, AFL-CIO
California State Pipe Trades Council
Fire Districts Association of California
Fire Sprinkler Advisory Board of Southern California
National Fire Sprinkler Association
Sprinkler Fitters Association of California
Sprinkler Fitters U.A. Local Union 709
Opposition
American Institute of Architects, California Council
California School Boards Association
Coalition for Adequate School Housing
Contra Costa County Superintendents' Coalition
Los Angeles Unified School District
Riverside County Schools Advocacy Association
San Francisco Unified School District
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
AB 1127
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