Changes to Kansas fire safety rules withdrawn

Businesses and construction contractors won’t have to deal with new state fire safety regulations – at least for now – that Wichita and Sedgwick County say would have cost more without boosting safety.

The proposed fire code update would have given the state fire marshal power over non-fire codes, such as those regulating mechanical and electrical work, said Wichita-area groups that included the city, the county, the Wichita Regional Chamber of Commerce, the Wichita Area Builders Association and representatives of plumbers and heating and cooling contractors.

The update had “all the trappings of an attempt to administratively establish state-wide trade codes,” the groups said in a joint letter. “There is also a concern that these regulations will result in increased costs for citizens and businesses, without any tangible safety benefit.”

On Wednesday, the fire marshal, Doug Jorgensen, withdrew the proposal and said he would gather more input after lawmakers questioned the proposal during a committee meeting.

Later, he said the proposal had been misinterpreted. The fire marshal’s office has no interest in regulating codes unrelated to fire safety, he said.

“We don’t regulate the depth of the concrete in a facility,” Jorgensen said as an example. “And it’s not our intent to get involved in any of those type of issues – electrical, plumbing – or anything like that.”

The fire marshal’s office will meet with Wichita-area officials next week to try to work through their concerns, he said. The state’s fire code hasn’t been revised in years.

The state uses a 2006 version of the International Fire Code. Some cities have begun to upgrade to newer versions, and Jorgensen said he wants to bring the state code in line with what cities are doing.

“The new rules and regs don’t do anything different than the current ones do. We just rearranged them in an attempt to clarify but evidently we didn’t do a good enough job with clarification,” Jorgensen said.

Rep. John Carmichael, D-Wichita, said Jorgensen made a wise decision in calling off plans for the new regulations, at least for now.

Carmichael said he welcomed Jorgensen’s statements that he has no intent to regulate beyond fire safety, but questioned what could happen in the future.

“A different state fire marshal on a different day could take very different action, which would have serious financial consequences for the construction industry and the people who are wanting to build new buildings,” he said.

A public hearing on the proposal had been scheduled for Aug. 15 in Topeka. Jorgensen said that event will still take place, but as a public comment session rather than a hearing.

It’s unclear when a revised plan might surface.

“By statute, if we wanted to go forward with the rules and regs as they are, we could do that. But that’s not the way to do business because it doesn’t help the City of Wichita or the plumbers or the electricians down there to feel more comfortable,” Jorgensen said.

Sen. Carolyn McGinn, R-Sedgwick, said lawmakers don’t want to find out about problems with the code after the fact. She said she was happy with Jorgensen’s decision to develop what she called an “open, clean slate proposal.”

Sen. Oletha Faust-Goudeau, D-Wichita, said she and other lawmakers had received concerned phone calls about the proposed code update. She was also pleased with Jorgensen’s decision.

“Take it back to the drawing board, let everybody be there and do something that’s good for safety,” Faust-Goudeau said.

This story was originally published August 2, 2017 at 6:06 PM with the headline "Changes to Kansas fire safety rules withdrawn."