Present law requires the state fire marshal to promulgate rules establishing minimum statewide building construction safety standards, which must be designed to afford a reasonable degree of safety to life and property from fire and hazards incident to the design, construction, alteration and repair of buildings or structures. The standards must meet certain requirements set in law, including the requirement that the standards do not include mandatory sprinkler requirements for one-family and two-family dwellings. However, local governments may adopt more stringent requirements for one-family and two-family dwellings.
This bill requires the standards set by the state fire marshal to allow a local government to amend adopted building codes to include three-family dwellings and four-family dwellings within the scope of the residential code by modifying, transitioning, and establishing minimum prescriptive requirements to address the design and construction of those dwellings and make conforming changes to adopted building codes in accordance with state law. In amending the rules, the state fire marshal is prohibited from mandating automatic fire sprinkler systems for three-family dwellings and four-family dwellings where two-hour fire-resistance-rating for wall, floor, and ceiling separation assemblies is met. However, local governments may adopt mandatory sprinkler requirements for three-family dwellings and four-family dwellings by local ordinance.
ON APRIL 9, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2635, AS AMENDED.
AMENDMENT #1 requires the statewide building construction safety standards to allow a local government to amend the adopted building code for three-family dwellings and four-family dwellings in accordance with the standards. In amending the rules pursuant to the bill, the state fire marshal must not mandate automatic fire sprinkler systems for three-family dwellings and four-family dwellings where structures are under 5,000 square feet in area and less than three stories in height and where two-hour fire-resistance-rating for wall, floor, and ceiling separation assemblies is met. Local governments may adopt mandatory sprinkler requirements and may be permitted to use the National Fire Protection Association 13D standard for three-family dwellings and four-family dwellings by local ordinance pursuant to the process described in state law.

Statutes affected:
Introduced: 68-120-101(a)(8), 68-120-101