Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Barry Walthall, Building Official
C:	Scott McCullough, Planning and Development Services Director
Date:	June 13, 2013
RE:	Storm Shelters for Schools

The subject of storm shelters has a wide range of discussion points.  Attached is a report created in 2005 that provides extensive information on storm shelter alternatives, along with supporting documentation.  Also attached is a report containing data on tornado statistics for Douglas County from January 1, 1950 through February 28, 2013.

This memorandum is in response to Commissioner Farmer’s direct question regarding building code requirements for storm shelters in schools.  The currently adopted building codes do not require that storm shelters be provided for any building or occupancy; however, if provided, the design and construction must comply with the International Code Council and National Storm Shelter Association standard ICC 500-2008, ICC/NSSA Standard for the Design and Construction of Storm Shelters.

KSA §31-150(a) sets forth the building code standards for the construction of public schools within the State of Kansas.  That statute requires that the construction of school buildings shall comply with the 2000 edition of the International Building Code (IBC).  That edition of the IBC does not contain any requirements for storm shelters for schools or any other occupancy, nor does it reference a standard for the construction of storm shelters.  KSA §31-150(g) authorizes the state fire marshal to adopt rules and regulations specifying subsequent editions of the IBC or other building codes that provide protection equivalent to the 2000 IBC.  The 2006 IBC is the most current edition of the building code that has been recognized by the state fire marshal.  In a phone conversation, staff at the state fire marshal’s office indicated that locally amended building codes that are more stringent than the 2000 or 2006 IBC would be recognized by the state fire marshal.  However, a school designed in accordance with the 2006 IBC without addressing locally adopted amendments requiring storm shelters would comply with KSA §31-150.  The City Commission may amend the building code to require storm shelters for schools; however, the school district could potentially opt out of such requirements.  In short, there is nothing preventing a school, public or private, from constructing storm shelters on their own accord, but requiring it through local building code amendment may need further pursuit with the state fire marshal’s office.

Newer editions of the IBC, which include the 2009 (currently adopted by the City) and 2012 (effective within the City beginning July 1, 2013) editions, recognize storm shelter construction standards, but do not require the design or construction of storm shelters for schools or any other occupancy.  There is a proposal to include a requirement that school buildings be constructed with storm shelters for the 2015 edition of the IBC that is currently under development.  Staff’s understanding is that the requirement has been initially accepted but final action hearings are still pending.

Ramifications for requiring storm shelters in schools extend beyond public schools.  The IBC classifies schools as “Educational Group E” occupancies, which includes “the use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes through the 12th grade.”  That includes day care facilities occupied by more than five children older than 2½ years of age, who receive educational, supervision or personal care services for fewer than 24 hours per day.  Also included would be home day care facilities in dwelling units where 6 or more children receive day care, and places of religious worship where day care is provided other than during religious functions.  All of those occupancies, which are not under the administration of the school district, would potentially be affected by any storm shelter requirements adopted by the City in the future, unless local amendments provide otherwise.