State Fire Marshal Dennis Free has written to Scout Clean Energy Nimbus Wind Farm opponent, E. Richard Williams, that Free is reconsidering earlier advice to Carroll County Judge David Writer. Free had said that the proposed $300-million project with 46 wind turbine towers more than 600 feet tall is not required to submit construction documents and perform inspections under the 2021 Arkansas Fire Protection Code (AFPC), Volume II.
“The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code,” Free wrote in an email that was published in the Eureka Springs Independent in mid-April. “The windmills (turbines) are no different than large electrical power lines, which do not require construction documents. Wind turbines are new to Arkansas and there are no International Code Council (ICC) adopted codes to regulate them.”
However, in an email April 26 to Williams, Free wrote that after speaking with an architect from Eureka Springs, “he has given me some information and guidance on how to view these projects that I may have overlooked or may have been misinformed from ICC. I just want to make sure that the State Fire Marshal’s Office is making the correct enforcement of the codes.”
Williams said the ICC requires wind loads on every building or structure be evaluated in accordance with the ASCE Standard 7.
“In other words, wind turbines and windmills must adhere to the same standards and safety requirements as any other building or structure,” Williams said. “Their design and installation should consider the local wind conditions, exposure category, and other relevant factors to ensure their stability and safety. If you are planning to install a wind turbine/windmill, it’s essential to consult a qualified engineer or follow applicable code provisions to ensure compliance and safety.”
Williams and other opponents contend that the Nimbus Wind Farm is being constructed with inadequate regulatory oversight that fails to take into account potential consequences to health, safety, the environment and water resources in the area proposed for the wind turbines. Williams said opponents will continue to inquire into regulations that will ensure that this project does, at minimum, have some oversight from qualified professionals.
“The AFPC 2021 requires permit applications and oversight for any buildings or other structures that are three or more stories high,” Williams said. “The AFPC 2021 applies to all counties in the state and requires permit applications, construction documents, testing and inspections for any structure in the state that is three or more stories tall.”
Opponents of Nimbus have expressed concern about lightning strikes causing turbine fires that could be difficult to fight because the towers are so tall. There is unease that a fire could spark a wildfire in the steep terrain that includes pastures and dense woods, and that fiberglass from burning turbine blades could contaminate surrounding lands.
Free wrote in the email in mid-April that he had researched and found where it would be beneficial, not required, to have fire suppression installed in each turbine. “I would strongly recommend the fire suppression system,” Free wrote. “National Fire Protection 850 is the standard for fire suppression in wind turbines. This standard has not been adopted by the State of Arkansas.”
Williams said it is his understanding that it is the responsibility of Carroll County to administer/enforce the AFPC.
County Judge David Writer said the county doesn’t have the expertise and couldn’t afford to police construction of the wind turbines.
“I don’t even know how we would go about that,” Writer said. “That falls under the state’s statutes. We don’t have a county building inspector. I don’t even know who would be qualified to inspect this. You would have to create that office at quite an expense to the county. There are no guidelines to look at. That is why we are relying on the State Fire Marshal to make the right decision regarding this project.”
Nimbus is the first proposed industrial wind turbine facility in Arkansas, leaving the state at a disadvantage regulating the facility compared to states like Oklahoma and Texas that have large numbers of wind generators.
Proponents of wind energy state it is a critical part of reducing emissions partly responsible for climate change. Scout has said the project would provide millions in tax revenues and lease revenues for landowners.