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.".