2012 -- H 7959

=======

LC01869

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO HEALTH AND SAFETY-STATE FIRE CODE

     Introduced By: Representative Frank G. Ferri

     Date Introduced: March 15, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 23-28.01-4 of the General Laws in Chapter 23-28.01 entitled

1-2

“Comprehensive Fire Safety Act” is hereby amended to read as follows:

1-3

     23-28.01-4.  Powers and duties. – The powers necessary to implement the provisions of

1-4

this act shall be vested in the fire marshal, as provided for in chapter 28.2 of this title as amended,

1-5

who shall have, except as specifically provided otherwise in this title, all of the powers of the

1-6

authority having jurisdiction as are set forth in the Uniform Fire Code (NFPA 1) and the Life

1-7

Safety Code (NFPA 101) of the National Fire Protection Association, Inc., 2003 editions, until

1-8

December 31, 2012, with annexes, as those are updated, amended, altered, or deleted, and by the

1-9

addition of certain provisions of the fire safety code board of appeal and review, and who may

1-10

delegate authority as provided by law, and in the Fire Safety Code Board of Appeal and Review,

1-11

as provided for in chapter 28.3 of this title, which shall provide by rules and regulations for the

1-12

efficient and reasonable implementation of the provisions of the fire safety code. Effective

1-13

January 1, 2013, the powers necessary to implement the provisions of this act shall be vested in

1-14

the fire marshal, as provided for in chapter 28.2 of this title as amended, who shall have, except as

1-15

specifically provided otherwise in this title, all of the powers of the authority having jurisdiction

1-16

as are set forth in the Uniform Fire Code (NFPA 1) and the Life Safety Code (NFPA 101), 2012

1-17

editions, and the National Fire Alarm & Signaling Code (NFPA 72), 2010 edition, of the National

1-18

Fire Protection Association, Inc., with annexes, except as updated, amended, altered or deleted

1-19

and by the addition of certain provisions, as indicated in the rules and regulations adopted by the

1-20

fire safety code board. The Fire Safety Code Board of Appeal & Review is hereby granted the

2-1

authority to adopt and implement any or all of the above National Fire Protection Association

2-2

codes, with amendments, prior to January 1, 2013, pursuant to its rulemaking authority. If one or

2-3

more of the above-referenced NFPA codes is so adopted by the board, prior to January 1, 2013,

2-4

the state fire marshal shall have the above enforcement power on the effective date of the rules

2-5

and regulations adopted by the fire safety board.

2-6

     SECTION 2. Sections 23-28.1-2 and 23-28.1-7 of the General Laws in Chapter 23-28.1

2-7

entitled “Fire Safety Code–General Provisions” are hereby amended to read as follows:

2-8

     23-28.1-2. Purposes. – (a) Effective January 1, 2004 through December 31, 2012, the

2-9

Uniform Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) of the National Fire

2-10

Protection Association, Inc., 2003 editions, with annexes, except as updated, amended, altered or

2-11

deleted and by the addition of certain provisions, as indicated in the rules and regulations adopted

2-12

by the fire safety code board, is hereby adopted as the "Rhode Island Fire Safety Code".

2-13

Effective January 1, 2013, the Uniform Fire Code (NFPA 1) and the Life Safety Code (NFPA

2-14

101) of the National Fire Protection Association, Inc., 2012 editions, with annexes, except as

2-15

updated, amended, altered or deleted and by the addition of certain provisions, as indicated in the

2-16

rules and regulations adopted by the fire safety code board, is hereby adopted as the "Rhode

2-17

Island Fire Safety Code."

2-18

     Effective January 1. 2013, the National Fire Alarm & Signaling Code (NFPA 72) of the

2-19

National Fire Protection Association, Inc., 2010 edition, with annexes, except as updated,

2-20

amended, altered or deleted and by the addition of certain provisions, as indicated in the rules and

2-21

regulations adopted by the fire safety code board, is hereby adopted as the "Rhode Island Fire

2-22

Alarm Code.”

2-23

     The Fire Safety Code Board of Appeal & Review is hereby granted the authority to adopt

2-24

and implement any or all of the above National Fire Protection Association codes, with

2-25

amendments, prior to the January 1, 2013, pursuant to its rulemaking authority.

2-26

     The Fire Safety Code Board of Appeal and Review shall consider the following when

2-27

promulgating the aforementioned rules and regulations:

2-28

     (1) For business, storage, mercantile and industrial occupancies, the board shall consider

2-29

alternative methods of code compliance, including, but not limited to, the use of vertical and

2-30

horizontal fire separation when determining the square footage for fire alarm and sprinkler

2-31

requirements; third party monitoring of fire alarm and sprinkler systems; allowing non-monitored

2-32

fire alarm systems to be installed in accordance with the methods outlined in NFPA 72, 2010

2-33

edition, and shall further consider alternative methods to ensure the consistent enforcement of the

2-34

code.

3-1

     (2) For occupancy groups previously granted relief including, but not limited to, existing

3-2

apartments, places of worship, marinas and the marine trade industry, funeral homes, restaurants

3-3

and non-residential barns, the board shall consider the appropriateness of the reincorporation of

3-4

this relief into the 2012 codes.

3-5

     This code shall be liberally construed and applied to promote its underlying purposes and

3-6

policies.

3-7

     (b) The underlying purposes and policies of these chapters are:

3-8

     (1) To simplify, clarify and modernize the law governing fires and fire prevention;

3-9

     (2) To specify reasonable minimum requirements for fire safety in new and existing

3-10

buildings and facilities, except in private dwellings occupied by one, two (2) or three (3) families,

3-11

in the various cities or towns in this state; provided, however, this code shall provide reasonable

3-12

standards for the installation of smoke and carbon monoxide detectors in private dwellings

3-13

occupied by one, two (2), and three (3) families; provided, further, that after July 1, 2008, three

3-14

(3) family dwellings shall be equipped with hard wired or supervised interconnected UL

3-15

approved wireless smoke and carbon monoxide detectors, in accordance with standards

3-16

established by the Fire Safety Code Board of Appeal and Review; provided further that

3-17

     (ii) The local fire authority that performs smoke detector and carbon monoxide detector

3-18

plan review and inspection for the installation of smoke detector and/or carbon monoxide

3-19

detection in any new and existing private dwelling occupied by one, two (2) and three (3) families

3-20

shall charge no more than a seventy-five dollar ($75.00) fee for a one family unit, a one hundred

3-21

twenty-five dollar ($125) fee for a two (2) family unit and a one hundred seventy-five dollar

3-22

($175) fee for a three (3) family unit for the smoke detector and carbon monoxide detector plan

3-23

review together with any subsequent detection inspections.

3-24

     (3) Except as provided in subdivision (b)(5) of this section, to permit the cities and towns

3-25

to enact ordinances and orders relating to fire safety provided those ordinances and orders impose

3-26

requirements equal to, additional to, or more stringent than those contained in this code which

3-27

ordinances and orders shall be effective only upon the approval by rule of the Fire Safety Code

3-28

Board of Appeal and Review. Any ordinance or order relating to fire safety enacted by any city or

3-29

town shall be prospective in its application and shall be enacted after public hearing. The city or

3-30

town shall cause printed notices of the time, place, and subject matter of the hearing to be posted

3-31

in three (3) public places in the city or town, for three (3) weeks next preceding the time of the

3-32

hearing, and shall advertise in a newspaper circulated in the city or town, if any there be, at least

3-33

once a week for the same period of time;

4-34

     (4) Jurisdiction for the interpretation of any city or town ordinance or order relating to

4-35

fire safety shall be vested in the Fire Safety Code Board of Appeal and Review; provided,

4-36

however, that the responsibility for the enforcement of the ordinance or order shall be with the

4-37

local authorities and petitions for variations from the ordinance or order shall be heard by the

4-38

state fire safety board of appeal and review in the manner prescribed in chapter 28.3 of this title;

4-39

and

4-40

     (5) Notwithstanding anything to the contrary contained herein, no city or town may enact

4-41

any ordinance or order relating to the requirement for the handling of explosives pursuant to

4-42

chapter 28.28 of this title or for the installation of, or specifications for, the fire alarm sections of

4-43

this code, the fire protection systems as prescribed by chapter 28.25 of this title, or for the

4-44

possession and display of commercial fireworks or pyrotechnics pursuant to chapter 28.11 of this

4-45

title, which chapter shall exclusively govern the requirements for the installation of, and

4-46

specification for, fire protection systems, the handling of explosives and possession and display

4-47

of commercial fireworks or pyrotechnics. All such ordinances or orders relating to the

4-48

requirements for the installation of and specifications for such fire protection systems, the

4-49

handling of explosives, or possession and display of commercial fireworks or pyrotechnics

4-50

heretofore enacted by any city or town are of no force and effect.

4-51

     (c) In this code, unless the context otherwise requires:

4-52

     (1) Words in the singular number include the plural, and in the plural include the

4-53

singular; and

4-54

     (2) Words of the masculine gender include the feminine and the neuter and, when the

4-55

sense so indicates words of the neuter gender may refer to any gender.

4-56

     23-28.1-7. Conformity required. – (a) No building shall be constructed for, used for, or

4-57

converted to, any occupancy regulated by the code, and no addition shall be made to a building

4-58

except in accordance with the applicable provisions of the code or the rehabilitation building and

4-59

fire code for existing buildings and structures, as applicable.

4-60

     (b) Any existing structure that is not in conformity with the provisions of this code is

4-61

governed by the following:

4-62

     (1) The authority having jurisdiction is authorized to give building owners a reasonable

4-63

notice of fire safety code violations and establish a timetable for compliance or, in cases of

4-64

practical difficulty, establish a time by which the owner must petition to the fire safety code board

4-65

for a variation.

4-66

     (2) The fire marshal, or his or her designee within the division, or a nonsalaried deputy

4-67

state fire marshal in accordance with guidelines established by the fire marshal, has the authority

4-68

to summarily abate any condition which presents immediate danger to life, these conditions shall

5-1

include improper management or use of flammable and combustible materials, liquids and gasses,

5-2

pyrotechnics, fireworks or explosives, malfunctioning automatic sprinklers, fire alarms and

5-3

emergency lighting, malfunctioning heating and electrical systems, and blocked or inadequate

5-4

exits or means of egress, and such other conditions as may be established by the Fire Safety Code

5-5

Board of Appeal and Review. A failure to abate a condition that presents a clear and immediate

5-6

danger to life shall be grounds for the person issuing the order to abate, to require that the

5-7

premises be vacated, this action shall be either authorized by the fire marshal or a designee of the

5-8

fire marshal who has been given advanced written authority by the fire marshal to approve such

5-9

actions.

5-10

     (3) All new buildings and structures, for which a building permit is issued on or after

5-11

February 20, 2004, shall be subject to the provisions of the Rhode Island Fire Safety Code

5-12

addressing the new occupancy. All existing buildings and structures, and those buildings and

5-13

structures for which a building permit was issued prior to February 20, 2004, shall be subject to

5-14

the provisions of the Rhode Island Fire Safety Code addressing the existing occupancy. Any

5-15

existing building or structure, subject to the provisions of the Rehabilitation Building and Fire

5-16

Code for Existing Buildings and Structures, shall also comply with the existing occupancy

5-17

provisions of the Rhode Island Fire Safety Code addressing the current or proposed occupancy.

5-18

All active fire protection systems, including but not limited to sprinklers, fire alarms, emergency

5-19

lighting, smoke detectors and exit signs, previously required and installed in existing buildings,

5-20

shall continue to be required under the Rhode Island Fire Safety Code and shall be properly

5-21

maintained.

5-22

     SECTION 3. This act shall take effect upon passage.

=======

LC01869

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY-STATE FIRE CODE

***

6-1

     This act grants The Fire Safety Code Board of Appeal & Review the authority to adopt

6-2

and implement any or all of the National Fire Protection Association codes, with amendments,

6-3

prior to January 1, 2013, pursuant to its rulemaking authority.

6-4

     The act would take effect upon passage.

=======

LC01869

=======