CURRENT LEGISLATIVE REPORTS

September 2001 HAA Legislative Activity Report:

Missouri state elevator inspection and certification have begun in earnest in Kansas City as a number of owners are now being assessed a fee both by the city and the state. KCMO ordinance requires city inspection and certification of all elevators and escalators, but while many city elevator inspectors are supposedly state certified, the state Fire Marshal doesn’t recognize the city inspections as meeting the letter of the state safety standards. This has occurred as the result of a number of local amendments to the elevator safety code that KCMO has adopted in order to grant reasonable variance in existing non-conforming situations, which would otherwise be cost prohibitive to effectively address. Therefore, it has become the Fire Marshal’s position that an inspector subscribing only to the state’s standards is qualified to perform a state safety inspection. HAA, BOMA, the Chamber of Commerce, and others are trying to revive last year’s failed effort to clarify an earlier legislative intent to exempt KC from the state elevator inspection regimen.

Kansas property owners would be well advised to align themselves with the League of Municipalities, the Association of Counties, Overland Park, and other significant Kansas cities in challenging the state Fire Marshal’s notion that local building codes refinements shall remain subject to his office’s scrutiny. The implication is that any “home rule” local amendment to the codes can be set aside at the subjective discretion of the Fire Marshal at any time, even to the extent of retro-active requirements (i.e. enhanced areas of refuge; increased sprinkler coverage; additional rated walls).

Subsequent to the events of September 11^th, it is likely that a number of concerns surrounding public safety inside buildings (i.e. fire sprinklers) championed by respective fire and police departments will be viewed by the public in a much more favorable light.   Consideration will be without too much regard to cost impact on owners.

In addition, we should be prepared to effectively respond to our insurers, as we can anticipate a round of closely scrutinized fire and casualty risk management, as well as increased costs in light of the tremendous losses suffered by re-insurers. It will be incumbent on the industry to demonstrate to the greatest extent possible that our properties are as safe and secure as possible through  “best practices” in self-policing premises inspection, in screening procedures, and overall maintenance. This may be an area in which the consolidated apartment association could become fairly pro-active in establishing a national model.