Analysis

Topic Fire Alarms
Sponsors: Senator Johnson (Senate Bills 337-8 and 742) and Senator Bishop (Senate Bill 339)
Co-Sponsors: Senator Kuipers (Senate Bill 339) and Senator Toy (Senate Bill 742)
Committees: Senate Local, State and Urban Affairs and House Regulatory Reform

Date Introduced: March 25, 2003 (Senate Bills 337-9), September 30, 2003 (Senate Bill 742)

Date of Analysis: October 24, 2003

Position:

The Department of Consumer and Industry Services supports the bills.

Problem/Background:

Smoke alarm technology has been available since the 1960’s. The single-station, battery-operated unit most frequently seen today in homes became available to consumers in the 1970’s. Since that time the nation’s annual home fire death rate has been cut in half. Michigan has made significant progress, too. Annual fire deaths in Michigan decreased by 16.1% between 1989 and 1998. However, the United States Fire Administration places Michigan’s 1999 fire death rate of 17.9 per million, or 56 percent higher than the national average.

Although it has been estimated that over 94 percent of homes have a smoke detector, the less than 6 percent that do not account for over half the deaths in home fires. Although almost half the home fire deaths are reported between 10 p.m. and 6 a.m., only one fifth of the fires occur during that period. About one fifth of the home fire deaths between 1980 and 1998 occurred in situations in which a smoke alarm was present and operated. According to the National Fire Protection Association, the chances of dying in a home fire are reduced by nearly half when there’s a smoke alarm in the home. It has been estimated that $1 spent on a smoke alarm can save $69 in fire-related costs.

The State Construction Code requires the installation of smoke alarms in newly constructed buildings and in additions and new sleeping rooms. However, many older residential dwellings and historic structures continue to be without smoke detectors.

Description of Bill:

The bills will require smoke detectors in certain buildings that do not now have them.

Senate Bill 337 amends the Housing Law of Michigan to require each dwelling unit within a Class A multiple dwelling (e.g. apartment houses) to be equipped with a single-station or multiple-station smoke alarm. The installation would be required to comply with the state construction code.

Senate Bill 338 amends the Downtown Development Authority law to require that the preservation of historic structures include, at a minimum, equipping the building with a fire alarm system. Fire alarm system is defined by the bill as including smoke detectors.

Senate Bill 339 amends the Local Historic Districts Act to require smoke alarms in certain buildings. The bill prohibits a historic district commission from issuing a certificate of appropriateness to do work unless the applicant certifies that the property has, or will have by the time the project is completed, a fire alarm system or a smoke alarm complying with state construction code requirements. The bill also creates an exception to the limitation of the commission’s review and action to exterior features for compliance with the requirement for a fire alarm system or smoke alarm.

Senate Bill 742 amends the Stille-DeRossett-Hale Single State Construction Code Act to require at least one single-station smoke alarm in residential dwellings constructed before November 6, 1974. Buildings constructed after that date were built pursuant to the building code and already comply. The new requirement takes effect one year after the effective date of the new rules that will be required.

Summary of Arguments

Pro:

Despite the wide application of smoke detectors and fire alarm systems in residential dwellings, home fire deaths in Michigan are still well above the national average. Installation of a smoke detector in those dwellings that don’t currently have them has the potential to save hundreds of lives. National data showing that $1 invested in smoke detectors saves $69 in fire-related costs clearly shows that the proposed requirement will be extremely cost-effective.

Con:

Although smoke detectors undeniably save lives, we should not overestimate the value of smoke detectors. The data show that as many as one third of smoke detectors do not work. This is frequently due to the failure of the homeowner to replace the battery, but there are other causes as well, including improper installation, dust or cobwebs in the mechanisms, and unit failure. Furthermore, although most fatal fires occur at night, there is research that shows people often sleep through fire alarms, particularly when they are in deep sleep mode. This means that young children are particularly at risk, because they spend 30 percent of the sleep time in deep sleep compared to 10 percent for adults.

Response:

Much of the recent concern about people sleeping through smoke alarms is based on anecdotal evidence and an August 2003 CBS News report. The United States Fire Administration and the Consumer Product Safety Commission are looking at the issue.

Fiscal/Economic Impact

(a) Department

Budgetary: The bills will not have a significant budgetary impact on the department.

Revenue: The bill will have no effect on departmental revenues.

Comments:

(b) State

Budgetary: None.

Revenue:> None.

Comments:

(c) Local Government

Comments: Senate Bill 338 will affect the more than 200 local units of government that have established downtown development authorities, but there will be no fiscal impact on local governments.

Other State Departments:

Senate Bill 339 affects the Department of History Arts and Libraries. HAL staff drafted the substitute to Senate Bill 339. HAL does not oppose the bill.

Any Other Pertinent Information:

Senate Bills 337-9 were introduced by Senator Johnson at the request of Flagstar Bank. Senate Bill 742 was introduced at the suggestion of the Department of Consumer and Industry Services, because a link was needed between the requirements in the bill and the state construction code.

Administrative Rules Impact: