REQUEST FOR DECISION
DATE: May 10, 2021 Report No. DEV-21-036
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Cost Impact of Fire Sprinklers and Undergrounding Utility Wiring on Missing Middle Housing
End
RECOMMENDATION:
Recommendation
That Council instruct staff:
1. not to amend the Fire Sprinkler section of Building Regulation Bylaw, 2017, No. 2899, since it is anticipated that the Province will introduce Fire Sprinkler Regulations that will usurp the provisions of the Bylaw; and
2. to bring a report to Council in 2021 regarding the review and updating of the Subdivision and Development Control Bylaw, 1997, No. 2175, including consideration of the cost impacts of requiring underground utility wiring on missing middle housing.
Body
RELEVANT POLICY:
Community Charter
Local Government Act
Subdivision and Development Control Bylaw, 1997, No. 2175
Building Regulation Bylaw, 2017, No. 2899
STRATEGIC RELEVANCE:
Strategic Priority - Healthy, Livable, and Diverse Community
Strategic Goal - Support community growth, housing, and development consistent
with our Official Community Plan.
BACKGROUND:
On July 29, 2020, Mayor and Council received an e-mail from Ryan Jabbs, President of Lapis Homes, outlining two concerns related to the creation of affordable missing middle housing in Esquimalt (Appendix “A”). The first concern was related to the additional costs associated with having to install fire sprinklers. The Township of Esquimalt is one of approximately 30 local governments in British Columbia that have bylaws requiring the installation of fire sprinkler systems that vary from those of the British Columbia Building Code. Specifically, Esquimalt’s Building Regulation Bylaw, 2017, No. 2899 requires that any building with more than three dwelling units needs to have a fire sprinkler system installed. Mr. Jabbs argued that installing a fire sprinkler system in his 6-unit building at 937 Colville Road imposes an unnecessary expense that reduces the affordability of the units. He states that:
Esquimalt’s bylaw 2899 requires buildings with more than three units to have full sprinkler and fire suppression monitoring system, which adds about $50,000 to the cost of this project (Roughly $40,000 for the sprinklers, $3,000 for engineering designs and $7,000 for the electrical fire system/monitoring), as well as ongoing costs to a very small strata for off-site monitoring. [Mr. Jabbs has since clarified that the $50,000.00 was an estimate at the time; the actual cost now that the building is under construction came in closer to $40,000.00.]
I understand the intention of this bylaw: more people living in close proximity to one another means there’s a larger potential for a fire to occur. However, there are already a significant number and a layering of requirements that are written into the National and Provincial building codes - which have been developed, built upon and overlapped through years and years of expert study on safety. Meeting these code requirements are mandatory whether a sprinkler system is installed or not. For example, the building code requires 24 interconnected fire alarms, fire rating between units that will keep a fire contained within a single suite for 30 minutes to 2 hours, opening windows in each bedroom, as well as a fire escape stairway through the centre of the building (in addition to the balconies being provided).
And while I recognize the importance of sprinkler systems in many buildings - and am very supportive of a system like this in larger projects governed by Part 3 of the building code, like the one I’m proposing for 812 Craigflower - this policy makes missing middle housing even more expensive to build in Esquimalt than elsewhere, for little real benefit.
On the other hand, evidence from the National Fire Protection Association (NFPA) provided by Chief Jancowski states that:
• The civilian death rate was 81 percent lower in homes with fire sprinklers than in homes without them
• The average firefighter injury rate was nearly 80 percent lower when fire sprinklers were present during fires
• When sprinklers were present, fires were kept to the room of origin 97 percent of the time
• The home fire death rate was 90 percent lower when fire sprinklers and hardwired smoke alarms were present. By comparison, this death rate is only 18 percent lower when battery-powered smoke alarms are present but automatic extinguishing systems were not,
In addition, other key points from the Fire Service include.
• Newer building materials have quicker burn rates that directly affect the structural integrity of the building for occupant and firefighter safety.
• Building furnishings have dramatically changed over the last few decades. Modern furnishings include plastics and synthetic materials that burn faster and produce more toxic smoke.
• Sprinklers buy time to allow firefighters to respond and extinguish fires with reduced injuries or loss of life.
Chief Jancowski also provided the following information from the Ontario Association of Fire Chiefs:
• Fatal residential fires most often occur between the hours of midnight and 6:00 am, when victims are asleep. Victims are disproportionately children and the elderly because they are physically less capable of escaping. When a fire occurs, occupants of a house may not be able to respond to smoke alarms and escape in the few minutes before flashover occurs.
• Vancouver has adopted by-laws requiring sprinklers in all new residential buildings (including low density housing), under the City’s statutory authority in British Columbia. Over 220 jurisdictions in North America have adopted requirements for residential fire sprinklers in residential buildings.
• Scottsdale, Arizona has had a sprinkler ordinance in place since 1986, and Vancouver, British Columbia has had a by-law since 1990. Both require all new residential developments to be sprinklered. Since the regulations in each jurisdiction came into effect, there have been no fire deaths in sprinklered homes, and over 90 percent of all fires in these homes were contained by the operation of a single sprinkler.
It should be noted that the provincial government deems the regulation of fire sprinklers by local governments to be an “unrestricted matter”, and that those portions of the bylaw related to fire sprinklers will likely become unenforceable once the province adopts specific regulations for fire sprinklers in the future.
The other Bylaw that creates additional expenses for Mr. Jabbs is the Subdivision and Development Control Bylaw, 1997, No. 2175 - specifically the requirements for underground utility wires. It should be noted that the Engineering Department will be reviewing the bylaw this year and will be able to consider the cost implications of this provision and perhaps make changes to these provisions based on today’s current housing situation.
ISSUES:
1. Rationale for Selected Option
The first staff recommendation are based on the understanding that the provincial government intends to regulate all fire sprinklers. The second staff recommendation is based on the pending review of the Subdivision and Development Control Bylaw.
2. Organizational Implications
There are no significant organizational implications arising from the staff recommendations.
3. Financial Implications
There are no significant financial implications arising from the staff recommendations.
4. Sustainability & Environmental Implications
There are no significant sustainability and environmental implications arising from the staff recommendations.
5. Communication & Engagement
There are no requirements for communications and engagement at this time.
ALTERNATIVES:
1. That Council instruct staff:
1) not to amend the Fire Sprinkler section of Building Regulation Bylaw, 2017, No. 2899 since it is anticipated that the Province will introduce Fire Sprinkler Regulations that will usurp the provisions of the Bylaw; and
2) to bring a report to Council in 2021 regarding the review and updating of the Subdivision and Development Control Bylaw, 1997, No. 2175, including consideration of the cost impacts of requiring underground utility wiring on missing middle housing.
2. That Council instruct staff:
1) to amend the Fire Sprinkler section of Building Regulation Bylaw, 2017, No. 2899; and
2) to prepare a bylaw amendment for Council’s consideration to remove the requirements for underground wiring from missing middle housing from the Subdivision and Development Control Bylaw 1997, No. 2175.