2012 -- H 7529

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LC00513

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY - PLACES OF ASSEMBLY

     

     

     Introduced By: Representatives Trillo, Williams, Brien, Ferri, and Malik

     Date Introduced: February 15, 2012

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-28.6-5 of the General Laws in Chapter 23-28.6 entitled "Places

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of Assembly" is hereby amended to read as follows:

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     23-28.6-5. Admissions restricted and supervised. -- (a) Admissions to all places of

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assembly shall be supervised by the responsible management or by the person or persons

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delegated with the responsibility by the management, and the responsible person shall not allow

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admissions in excess of the maximum occupancy as provided in section 23-28.6-3, provided,

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subsections (c), (d), and (e) below do not apply to churches and places of worship, wherein

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patrons retain their outer clothing for immediate exit, and where they are confined for a period

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not exceeding two (2) hours duration. Only those portions of a building used exclusively for

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religious worship are included in this exception.

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      (b) The maximum occupancy of all areas shall be conspicuously posted by means of a

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sign furnished by the state fire marshal's office.

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      (c) All places of assembly with an occupancy load of greater than one thousand (1,000)

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people shall have one uniformed fire fighter, and any additional uniformed fire fighters on duty

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when deemed necessary by the chief of the local fire department or the designee of the state fire

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marshal in the local fire department except as provided under subsection (f) of this section.;

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provided, that the provisions of this subsection shall not apply to places of assembly which meet

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or exceed current fire codes.

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     (d) All places of assembly, with an occupancy load of greater than three hundred (300) up

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to one thousand (1,000) people, of less concentrated use shall have a uniformed fire fighter and

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any additional uniformed fire fighters on duty when deemed necessary by the chief of the local

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fire department or the designee of the state fire marshal in the local fire department.; provided,

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that the provisions of this subsection shall not apply to places of assembly which meet or exceed

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current fire codes.

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      (e) All places of assembly with occupancy loads of fifty (50) up to one thousand (1,000)

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people of concentrated use shall have one uniformed fire fighter on duty when deemed necessary

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by the chief of the local fire department or the designee of the state fire marshal in the local fire

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department.; provided, that the provisions of this subsection shall not apply to places of assembly

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which meet or exceed current fire codes.

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      (f) On an event-by-event basis, in the absence of an unusual hazard, the chief of the local

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fire department or the designee of the state fire marshal in the local fire department may waive, in

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writing, the fire fighter on duty requirement of subsections (c) and (e) when the actual occupancy

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of a building for a specific event is substantially lower than the calculated occupancy of the

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building.

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      (g) All places of assembly with occupancy loads of fifty (50) up to one thousand (1,000)

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people of concentrated or less concentrated use being utilized for activities of unusual hazard

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shall have one uniformed fire fighter on duty during such activity, and any additional uniformed

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fire fighters on duty when deemed necessary by the chief of the local fire department or the

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designee of the state fire marshal in the local fire department unless this requirement is

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specifically waived in writing for each such event.

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      (h) The cost of all fire fighters on duty under subsections (c) through (f) of this section

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shall be borne by the management of the facility.

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      (i) The above assigned fire fighter(s) shall be equipped with portable communication

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devices which shall be provided for by the local fire department to allow direct communication to

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the dispatcher of the local fire department.

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      (j) Any person violating the provisions of this section shall be fined not exceeding five

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thousand dollars ($5,000) for each offense.

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      (k) The provisions of section 23-28.2-17 shall apply to any fire fighter assigned to a

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place of assembly pursuant to this section.

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     SECTION 2. This act shall take effect upon passage.

     

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LC00513

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - PLACES OF ASSEMBLY

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     This act would exempt places of assembly meeting or exceeding current fire codes from

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the requirement of having a firefighter present.

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     This act would take effect upon passage.

     

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LC00513

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H7529