Ruling Upholds Encinitas Law Requiring That New Homes Have Fire Sprinklers

A Vista Superior Court judge Friday upheld a 2 1/2-year-old Encinitas law requiring that fire sprinklers be installed in all new homes.

Judge Kevin Midlam decided that the city was within its legal boundaries to enhance the minimum requirements set by the state Uniform Fire Code.

City attorneys were in court to defend a lawsuit filed last year by a group of citizens--called Taxpayers Against Sprinklers--who claimed that the devices are not only expensive and unnecessary, but also that the city is violating their rights by requiring them.

Encinitas fire officials, however, contend that the sprinklers save lives because they contain the blaze at its point of origin--especially in larger, secluded homes where fires can quickly spread before help arrives.

“We’re very happy the judge saw our side of this issue,” Encinitas Fire Chief Robert La Marsh said. “We’ve always thought we were interpreting the law correctly. I guess this is proof.”

Encinitas was one of the first communities in California to pass such an ordinance, in November 1988, and more than 130 communities have since followed suit, including several in San Diego County.

Last year, a judge denied a request for an injunction against the Encinitas law by the citizen’s group, which is backed by the builders’ industry.

“We’ve been enforcing the law since the day it went into effect,” La Marsh said. “In the last three years, more than 300 homes. And none of them have been put to the test with a fire yet.”

Wayne Holden, president of Taxpayers Against Sprinklers, claims the devices can cost up to $8,000 to install in new homes. He said the law is flawed because new homes have a significantly smaller chance of fire than older homes, which are not covered by the city’s ordinance.

“We’re disappointed, obviously,” Holden said after the ruling. “What this judge has done is throw out all the legislation on this issue since 1976 and decide for himself that there are no boundaries what cities can require when it comes to fire protection.

“The next you know, they’ll ban wood siding and wood cabinets because of what they represent as a fire hazard. Where will it stop?”

Holden had hoped a ruling in the group’s favor would stem the tide of similar ordinances statewide and send a message to Sacramento, where legislators last year passed what group members call a carefully worded law that allows cities to pass stringent fire sprinkler ordinances.

He said a better alternative to the Encinitas law was one adopted by San Marcos, which requires homes over 5,000 square feet without easy access to have the devices installed.

Holden said the group will appeal Friday’s ruling.