Jonesboro committee tables ordinance requiring third-party inspections for passive fire protection

The Jonesboro Public Safety Committee on an introduced ordinance that would have required builders using passive fire protection as their fire-safety strategy to retain a third-party inspector. The committee voted to table the measure indefinitely.

The ordinance, identified as Ordinance 25-036 and read into the record by staff, would have amended Chapter 34 of the Jonesboro Code of Ordinances to require an owner or the owner's authorized agent requesting a building permit to retain a third-party inspector for passive fire protection when passive systems are used by an architect as part of the design. The ordinance required the third-party inspector to inspect components of the passive fire protection system and provide a written report to the city.

Staff member Craig, who was involved in drafting the ordinance, told the committee that developers have been hiring third-party inspectors voluntarily but that inspections were inconsistent without a mandate. "Right now, what is happening is we're having the developers do it as a third party, but it's not a mandated requirement," Craig said, adding the change was meant to create consistency.

Craig and other staff explained the change would not replace the fire marshal's work on sprinkler and hood-suppression inspections. "The fire marshals are gonna continue to do sprinkler system inspections. That is their primary role," Craig said. He described passive fire protection as techniques such as fire corridors, fire doors and fire-rated walls used instead of sprinklers in some buildings, and said those features can be time-consuming for city inspectors to verify for code compliance.

Residents and local design professionals raised concerns at the committee meeting about the ordinance's practical effects. Carol Caldwell, who identified herself for the record, said she worried there are not enough qualified third-party inspectors in Jonesboro and that homeowners and small developers would be forced to call firms from Memphis to obtain certificates of occupancy. "I don't wanna call somebody from Memphis to get a CO," Caldwell said, asking the city to confirm local capacity and provide price guidance.

Local architect Matt Silas urged more local discussion before imposing a requirement. "Passive fire protection could be very minimal, like fire-rated doors. I mean, do you have to have the third-party inspector to come verify if you got a fire-rated door or not?" Silas asked, and suggested tabling the ordinance to consult the local chapter of the American Institute of Architects.

After discussion, a committee member moved to table the ordinance indefinitely; the motion passed. The roll-call vote recorded Mr. Miller voting no and councilors Bryant, Gibson, Moore and Porter voting to table; the chair announced that the ayes have it and the item was tabled indefinitely.

Because the ordinance was tabled indefinitely, no implementation date or certification requirements were adopted. Staff indicated that, under the proposed language, the developer would retain responsibility to hire an inspector and the city would approve the inspector's qualifications if the ordinance had been adopted.

The issue emerged from recurring concerns of the fire marshal's office and building inspectors about the level of technical detail in passive fire-protection systems and the time required for city staff to verify compliance. Staff said the requirement was aimed at projects that require an architect, typically commercial projects such as multi-story stick-framed hotels, where passive protection is used as an alternative to sprinklers.

The matter may return to the committee if councilmembers or staff choose to redraft the ordinance.