2012 -- H 7959 SUBSTITUTE A

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LC01869/SUB A/5

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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-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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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and regulations adopted by the fire safety board.

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

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

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

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

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

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

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

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Effective January 1, 2013, the Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) 2012

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

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

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

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

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

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

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

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

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promulgating the aforementioned rules and regulations:

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

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

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

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requirements; allowing non-monitored fire alarm systems to be installed in accordance with the

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methods outlined in NFPA 72, 2010 edition, and shall further consider alternative methods to

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ensure the consistent enforcement of the code.

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

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

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

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this relief into the 2012 codes.

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

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policies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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review together with any subsequent detection inspections.

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

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

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

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

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

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

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

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

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

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once a week for the same period of time;

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

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

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

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

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

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and

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

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

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

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

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

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

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

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

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

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

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

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

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

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singular; and

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

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

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

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

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

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fire code for existing buildings and structures, as applicable.

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

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governed by the following:

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

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

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

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for a variation.

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

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

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

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

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

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

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

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

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

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

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

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actions.

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

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

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

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

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

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

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

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

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

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

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

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maintained.

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     (4) Any building and/or structure that is in compliance on December 31, 2012 with the

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2003 edition of the NFPA 1 and 101 as adopted and/or amended under the 2003 Comprehensive

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Fire Safety Act shall be deemed compliant. Such compliant building and/or structure shall not be

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required to comply with the 2012 edition of the NFPA 1 and 101 as adopted and/or amended

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pursuant to Rhode Island general laws section 23-28.01-4 that would require additional

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expenditures until December 31, 2015. The aforementioned compliant buildings and/or structures

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shall not be further required to comply with the 2010 edition of the NFPA 72 until December 31,

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2015.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY-STATE FIRE CODE

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     This act would grant The Fire Safety Code Board of Appeal & Review the authority to

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

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

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     The act would take effect upon passage.

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LC01869/SUB A/5

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