093_SB0759ham001 LRB093 03081 MKM 17301 a 1 AMENDMENT TO SENATE BILL 759 2 AMENDMENT NO. . Amend Senate Bill 759 by replacing 3 the title with the following: 4 "AN ACT concerning fire protection."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 1. Short title. This Act may be cited as the 8 Balanced Fire Protection Act. 9 Section 5. Findings. Fires that could have been 10 prevented or contained tragically cut down students in the 11 prime of their lives. College dormitories and student housing 12 pose a significant fire risk. A high density of students 13 within a building requires early warning detection and alarm, 14 fire control, and fire containment via fire-resistive walls 15 and floors. Students require time for safe escape and, if 16 necessary, temporary refuge. Containing fire spread with 17 acoustically sound fire-resistive construction provides a 18 critical cornerstone to the safety and well-being of 19 students. Subdividing a facility with fire-resistive 20 construction allows for extra time to escape, provides a 21 temporary area of refuge, and allots time for emergency -2- LRB093 03081 MKM 17301 a 1 responders to effectuate rescue. Subdivision of spaces with 2 building materials with high sound-limiting properties 3 enhances fire performance of the construction element. 4 Fire-resistive construction does not contribute to the fire 5 loading or add toxic quantities of smoke and gases. 6 Fire-resistive construction withstands the heat and ravages 7 of fire as well as the impact of water from fire department 8 hose streams. This protects occupants and fire fighters from 9 structurally weakened construction 10 Section 10. Definitions. In this Act: 11 "Automatic sprinkler system" means a sprinkler system, 12 for fire protection purposes, that is an integrated system of 13 underground and overhead piping designed in accordance with 14 fire protection engineering standards. This system includes a 15 suitable water supply. The portion of the system above ground 16 is a network of specially or hydraulically designed piping 17 installed in a building, to which the automatic sprinklers 18 are connected in a systematic pattern. The system is usually 19 activated by heat from a fire and discharges water over the 20 fire area. 21 "Building" means any structure used or intended for 22 supporting or sheltering any use or occupancy. 23 "Building code" means the provisions adopted by a unit of 24 local government governing the construction, alteration, 25 movement, enlargement, replacement, repair, equipment, use 26 and occupancy, location, maintenance, removal, and demolition 27 of buildings or structures or any appurtenances connected or 28 attached to a building or structure. 29 "Combustible" refers to a material that, in the form in 30 which it is used and under the conditions anticipated, will 31 ignite and burn; the term means a material that does not meet 32 the definition of noncombustible. 33 "Dormitory" or "student housing" means a building or a -3- LRB093 03081 MKM 17301 a 1 space in a building in which group sleeping accommodations 2 are provided for more than 16 persons who are not members of 3 the same family in one room or a series of closely associated 4 rooms under joint occupancy and single management, with or 5 without meals, but without individual cooking facilities. 6 "Existing building" means a building erected, or 7 officially authorized to be constructed by the authority 8 having jurisdiction to approve the construction, before the 9 effective date of this Act. 10 "Fire compartment" means a space within a building that 11 is enclosed by fire partitions on all sides, including the 12 top and bottom. 13 "Fire partition" means a 2-hour noncombustible 14 fire-resistive vertical fire separation assembly designed to 15 restrict the spread of fire, in which openings are protected. 16 "Fire resistance rating" means the period of time that a 17 building element, component, or assembly maintains the 18 ability to confine a fire, withstands a hose stream for the 19 equivalent time period of the fire exposure, and continues to 20 perform a given structural function as determined by the test 21 methods prescribed in ASTM E 119, Standard Methods of Tests 22 of Fire Endurance of Building Construction and Materials. 23 "Fire-resistive construction" means construction in which 24 the structural elements are of steel, iron, concrete, or 25 masonry, in accordance with the applicable building code. 26 "New construction" means a building or construction 27 erected, or officially authorized to be constructed by the 28 authority having jurisdiction to approve the construction, 29 after the effective date of this Act. 30 "Noncombustible material" refers to a material that, in 31 the form in which it is used and under the conditions 32 anticipated, will not ignite, burn, support combustion, or 33 release flammable vapors when subjected to fire or heat. 34 Materials that are reported as passing ASTM E 136, Standard -4- LRB093 03081 MKM 17301 a 1 Test Method for Behavior of Materials in a Vertical Tube 2 Furnace at 750 degrees Celsius, are considered noncombustible 3 materials. 4 "Sound transmission coefficient" means the value assigned 5 to a material's ability to minimize sound transmission. 6 Section 15. Regulation. 7 (a) The State Fire Marshal shall take appropriate steps 8 to ensure that the following requirements, specifically 9 designed to foster fire-safe housing provisions protecting 10 the health, safety, and welfare of the citizens of this 11 State, are incorporated into local building codes: 12 (1) All new construction housing students shall be 13 of noncombustible fire-resistive construction in 14 accordance with the applicable building code, except that 15 buildings protected with an automatic sprinkler system 16 and in compliance with paragraph (2) may be of any 17 construction type allowed by the applicable building 18 code. 19 (2) A fire partition is required in connection with 20 all of the following in all new buildings and 21 construction or portions thereof constituting a 22 dormitory or student housing: 23 (A) Between each individual living unit, to 24 form a fire compartment. 25 (B) All exit corridors. 26 (C) All exit stairways. 27 (D) Occupancy separations in accordance with 28 the applicable building code. 29 (E) Exterior load-bearing walls. 30 (F) Interior load-bearing walls. 31 (3) Openings in fire partitions must be protected 32 in accordance with the applicable building code but no 33 less than 90 minutes fire-protection rating. -5- LRB093 03081 MKM 17301 a 1 (4) Fire partitions must have a sound transmission 2 coefficient of 50 or more. 3 (5) Buildings protected with an automatic sprinkler 4 system and in compliance with paragraphs (1) and (2) 5 shall be allowed to be of unlimited area, and their 6 height may be increased by up to 25% more than the height 7 of similar buildings that are not protected with an 8 automatic sprinkler system or are not in compliance with 9 paragraphs (1) and (2). 10 (6) All floor assemblies in a new dormitory or new 11 student housing must have a minimum 2-hour 12 fire-resistance rating and be of noncombustible 13 construction. 14 (b) The requirements of subsection (a) are designed for 15 use throughout the State and have particular application to 16 dormitories and student housing. 17 (c) The provisions of this Act apply to new buildings 18 and to construction begun after the effective date of this 19 Act related to alterations and remodeling that requires a 20 building permit. 21 Section 20. Enforcement. Local authorities having 22 jurisdiction to enforce building codes shall enforce the 23 provisions of this Act. 24 Section 25. Exemptions. Existing buildings and areas of 25 existing buildings that are not subject to remodeling, 26 alterations, or an increase in height or floor area are 27 exempt from the provisions of this Act. 28 Section 30. Uniformity. 29 (a) If any provision of this Act is in conflict with any 30 other provision, limitation, or restriction under any law, 31 rule, regulation, or ordinance of this State or any unit of -6- LRB093 03081 MKM 17301 a 1 local government or agency, this Act shall control. 2 (b) This Act does not supersede State or local 3 requirements for sprinklers, early warning detection, fire 4 alarm systems, or other life safety systems. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.".