2015 -- S 0718

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LC001794

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY -- COMPREHENSIVE FIRE SAFETY ACT

     

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: March 18, 2015

     Referred To: Senate Judiciary

     (State Police)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-28.01-5 of the General Laws in Chapter 23-28.0 entitled

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

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     23-28.01-5. Planning and reporting. -- (a) The system of fire safety codes, compliance,

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enforcement, and education, shall be regularly reviewed in order to maintain the use of best

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practices throughout Rhode Island and to plan for and implement professional, comprehensive,

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efficient and effective fire safety measures in the state.

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      (b) The fire marshal shall, in conjunction with the fire safety code board of appeal and

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review, the building code commission, the department of health, the economic development

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corporation, the department of elementary and secondary education, and representatives of local

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fire departments, prepare and approve by February 20, 2004, a comprehensive plan setting forth

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goals and implementation measures for improving fire safety in Rhode Island, which plan shall

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include recommendations regarding public, fire safety education. The plan may be periodically

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reviewed and amended and shall be updated at least once every five (5) years. The plan, and any

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amendments and updates, shall be submitted to the governor, the speaker of the house and the

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president of the senate. A copy of the plan shall be provided to the secretary of state, and the

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report shall be posted on the website of the fire marshal.

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      (c) The fire marshal shall submit a report on or before February 1, 2005, and annually

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not later than February 1 in each year thereafter, to the governor, the speaker of the house and the

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president of the senate on fire safety in Rhode Island, summarizing the incidence of fires in

 

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Rhode Island, describing the status of fire safety efforts in Rhode Island and progress toward

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meeting goals set forth in the five (5) year plan, and recommending actions for improving fire

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safety. A copy of the report shall be provided to the secretary of state, and the report shall be

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posted on the website of the fire marshal.

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      (d) In order to increase public information about fire risks in places of assembly, the fire

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marshal shall make public the repeat and/or uncorrected fire safety code violations of all places of

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assembly that are classified as nightclubs and provide this information on a website, effective

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February 20, 2004.

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     SECTION 2. Section 23-28.1-5 of the General Laws in Chapter 23-28.1 entitled "Fire

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Safety Code-General Provisions" is hereby amended to read as follows:

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     23-28.1-5. Definitions. -- The terms used in NFPA 1 (Uniform Fire Code), in NFPA 101

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(Life Safety Code) and in such other national codes as are authorized for adoption by the Fire

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Safety Code Board of Appeal and Review shall be given the definitions established in those codes

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unless another meaning is provided for in this title and is essential to implementing the purposes

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of this title, and the Fire Safety Code Board of Appeal and Review shall have authority to resolve

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any conflicts among definitions in order to achieve the purposes of this title and/or provide for the

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efficient administration of codes:

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      (1) Abatement or to abate a condition. - Abatement, or to abate a condition, is the

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reduction, decrease, or diminution of a hazardous condition that presents immediate danger to

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life. The term "immediate" denotes that action is or must be taken either instantly or without any

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considerable loss of time. The condition may be singular or may be a set of conditions that in

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combination present an immediate danger to life. Such conditions shall include improper

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management or use of flammable and combustible materials, liquids and gasses, pyrotechnics,

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fireworks or explosives, malfunctioning automatic sprinklers, fire alarms and emergency lighting,

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malfunctioning heating and electrical systems, blocked or inadequate exits or means of egress,

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and such other conditions as may be established by the Fire Safety Code Board of Appeal and

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Review.

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     (2) Adult daycare. - A building or portion thereof used for less than twenty-four (24)

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hours per day to house more than three (3) adults requiring supportive care, maintenance, and

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supervision by other than their relatives.

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      (2)(3) Authority having jurisdiction. - Unless specifically defined to the contrary in this

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code, the authority having jurisdiction for the enforcement of this code shall be the state fire

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marshal, the deputy fire marshals, and assistant deputies.

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     (4) Authority having jurisdiction (enforcement). - Unless specifically defined to the

 

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contrary in this code, the authority having jurisdiction for the enforcement of this code shall be

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the state fire marshal. The state fire marshal may delegate this enforcement authority to any

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deputy state fire marshal or assistant deputy state fire marshal that he or she certifies and appoints

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pursuant to § 23-28.2-1, et seq. However, as a condition of their continued certification, all such

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appointed deputy state fire marshals and assistant deputy state fire marshals shall apply the code,

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consistently and uniformly across the state, under the guidance of the state fire marshal.

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     (5) Bed and breakfast home. - An owner and/or innkeeper occupied building that

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provides sleeping accommodations for up to sixteen (16) guests. Every "bed and breakfast home"

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must further have originated as a private home and must have at least three hundred (300) square

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feet of common space (i.e., dining room, living room, etc.) for guest use, and must further provide

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breakfast. Finally, the owner and/or innkeeper must occupy the building twenty-four (24) hours a

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day, seven (7) days a week, while guests are utilizing the facility. The owner and/or innkeeper of

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the bed and breakfast home shall have a plan of action, approved by the local official, to assure

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the safety of the guests in the event the owner or innkeeper is required to temporarily leave the

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facility unsupervised for limited periods during the day.

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     (6) Certificate of occupancy. - After the building official inspects the building or structure

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and, after consultation with the authority having jurisdiction enforcing the provisions of this code,

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finds no violations of the provisions of this code or other laws that are enforced by the department

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of building safety, the building official issues an official document known as a "certificate of

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occupancy" that generally contains the following:

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     (i) The building permit number;

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     (ii) The address of the structure;

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     (iii) The name and address of the owner;

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     (iv) A description of that portion of the structure for which the certificate is issued;

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     (v) A statement that the described portion of the structure has been inspected for

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compliance with the requirements of this code for the occupancy and division of occupancy and

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the use for which the proposed occupancy is classified;

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     (vi) The name of the building official;

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     (vii) The edition of the code under which the permit was issued;

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     (viii) The use and occupancy, in accordance with the provisions of the state building

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code;

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     (ix) The type of construction as defined in the state building code;

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     (x) The design occupant load;

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     (xi) If an automatic sprinkler system is provided, whether the sprinkler system is

 

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required; and

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     (xii) Any special stipulations and conditions of the building permit.

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     (7) Citation System. - A system of enforcement outlined in § 23-28.2-14.

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      (3)(8) Code. - The term "code" means this Fire Safety Code established under the

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provisions of § 23-28.1-1.

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      (4)(9) Compliance order. - For the purposes of this Code, a compliance order is defined

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as a command or direction authoritatively given to a building owner or occupant to provide

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conformance with the Fire Safety Code. A compliance order takes effect when a building owner

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or occupant, after proper notice, has exhausted his/her administrative appeals or has failed to avail

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himself/herself of appropriate administrative appeals within a reasonable period of time after

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receiving proper notice.

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     (10) Emergency shelter occupancy. - An occupancy or portion thereof used on a

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temporary basis to provide sleeping accommodations for transient or displaced individuals who

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have no other shelter arrangements during periods of severe weather or during the aftermath of a

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natural or man-made disaster.

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      (5)(11) Family day care home. - The term "family day care home" means any home other

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than the child's home in which child day care in lieu of parental care and/or supervision is offered

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at the same time to at least four (4) but not more than eight (8) children who are not relatives of

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the care giver, and which is licensed by the state department of children, youth, and families and

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subject to the department's regulations.

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     (12) Funeral establishment. - An assembly occupancy, as defined by §5-33-2-1(k) as a

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fixed place, establishment or premises, licensed by the department of health, devoted to the

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activities which are incident, convenient, or related to the care and preparation, arrangement,

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financial and otherwise, for the funeral, transportation, burial or other disposition of human

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bodies and including, but not limited to, a suitable room with all instruments and supplies used

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for the storage and/or preparation of dead human bodies for burial or other disposition.

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      (6)(13) Nightclub. - A place of public accommodation, which in general is characterized

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by all of the following:

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      (i) Provides entertainment by a live band or recorded music generating above normal

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sound levels.

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      (ii) Has as its primary source of revenue, in general, the sale of beverages of any kind for

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consumption on the premises and/or cover charges. Food, if served, is considered a secondary

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attraction.

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      (iii) Has an occupant load of one hundred fifty (150) in total or in any single area or

 

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room of at least 100 patrons.

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      Nothing in this definition shall be construed to include any place of public

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accommodation or any event within a place of public accommodation, which is in its nature

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distinctly private.

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     (14) Organized dining facility. - A place of public accommodation which is characterized

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as a facility where private events are held and where the primary source of revenue, in general, is

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derived from rental charges for use of the facility and service of food. Such a facility shall not

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provide for cover charges or have as a primary attraction any event where entertainment is

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provided by a live band or recorded music. Such a facility primarily provides for organized

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banquets, private parties, fund raisers, wedding receptions, ceremonial events and the like.

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      (7)(15) "Place of worship" means a building or structure, or an area thereof, the

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occupancy of which is for the religious rites and services and communal functions of a

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congregation, and which shall include sanctuaries, gathering halls, meeting rooms and offices and

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related facilities of the congregation, which may be located in the same, in connected, or in

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proximate structures.

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     (16) Suspended ceiling. - A ceiling system of a grid of channels or "T-bars" suspended

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from the structure above for readily removable acoustical tiles or lay-in panels.

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     (17) Temporary certificate of occupancy. - The building official may issue a temporary

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certificate of occupancy before the completion of the entire work covered by the permit, provided

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that such portion or portions shall be occupied safely. The building official shall set a time period

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during which the temporary certificate of occupancy is valid.

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     (18) Three (3) family apartment building. - A building or portion thereof containing three

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(3) dwelling units with independent cooking and bathroom facilities. This code shall provide

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reasonable standards for the installation of smoke and carbon monoxide detectors in three (3)

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family apartment buildings.

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     SECTION 3. Sections 23-28.2-21 and 23-28.2-27 of the General Laws in Chapter 23-

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28.2 entitled "Division of Fire Safety" are hereby amended to read as follows:

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     23-28.2-21. National Fire Code. -- Except wherever herein specifically defined or

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covered in this code, the provisions of the N.F.P.A. Standards included in the National Fire Code,

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2003 2012 edition, shall be used by the authority having jurisdiction as the accepted standard with

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regard to fire safety regarding any unforeseen condition.

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     23-28.2-27. Inspection fees. -- (a) The state fire marshal's office shall assess an

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inspection fee of one-hundred dollars ($100.00) per inspection for any inspection performed by

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that office pursuant to chapter 28.1 of Title 23, or any other provisions of the state fire code,

 

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including any rule or regulation promulgated by either the fire safety code board of appeal and

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review or the state fire marshal. The inspection fee shall be assessed for each required inspection.

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Initial inspections and any required subsequent re-inspection shall constitute separate visits for

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which separate inspection fees will be payable.

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      (b) In the case of an inspection involving residential use, the fee shall be paid by the

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property owner.

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      (c) In the case of any inspection involving any assembly, industrial, mercantile, business

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educational, health care, ambulatory health care, day care, residential board and care, storage,

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apartment buildings, lodging and rooming, hotels, dormitories, detention and correction or

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municipal government use, the fee shall be paid by one of the following parties:

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      (1) The occupant/tenant of the property if the occupant/tenant holds any license issued

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by the State of Rhode Island that requires fire code compliance; or

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      (2) The lessee of the property if the lessee is the sole tenant; or

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      (3) If neither (1) nor (2) apply, the owner of the property will be responsible for payment

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of the inspection fee.

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      (d) The fee shall be waived for a specific inspection in the event that no violation of any

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provision of the state fire code including any rule or regulation is found.

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      (e)(d) No inspection fee shall be assessed against any municipality or municipal agency

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or the State of Rhode Island, or any department, board, or commission thereof. No inspection fee

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shall be assessed for any inspection conducted for the purpose of updating the compliance status

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of a building in preparation for a hearing before the fire safety code board of appeal and review or

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before any court.

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      (f)(e) All fees collected pursuant to this section shall be deposited as general revenue.

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     SECTION 4. Section 23-28.4-5 of the General Laws in Chapter 23-28.4 entitled "Safety

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and Health Programs for Fire Departments" is hereby amended to read as follows:

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     23-28.4-5. Implementation plan. -- Each applicable fire department in the state shall

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formulate a written plan to implement the requirements of NFPA 1500 not more than one

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hundred twenty days (120) after July 10, 1990 which shall be updated annually and a copy shall

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be given to the director of labor and training to be kept on file, and a copy shall be given to the

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bargaining agent representing employees within the fire department. A copy of each applicable

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fire department's NFPA 1500 implementation plan shall be forwarded by the department of labor

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and training to the NFPA 1500 Implementation Plan Review Committee, as established pursuant

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to § 23-28.4-5.1, within thirty (30) days after its receipt by the department of labor and training.

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The plan shall identify each specific requirement of NFPA 1500 for which the fire department

 

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currently complies and each specific requirement for which corrective action must be initiated for

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compliance. The plan shall include a timetable for corrective action. The written plan shall be

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made available for review by any fire department employee and/or employee representative.

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Compliance for each specific requirement of NFPA 1500 shall be accomplished not later than

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three (3) years after June 9, 1988.

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     SECTION 5. Sections 23-28.6-21, 23-28.6-22 and 23-28.6-24 of the General Laws in

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Chapter 23-28.6 entitled "Places of Assembly" are hereby amended to read as follows:

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     23-28.6-21. Sprinklers required. -- (a) All new and existing places of assembly shall be

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completely protected by an approved system of automatic sprinklers installed and maintained in

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accordance with N.F.P.A. Standard 13, 2002 2012 Edition and its related standards pursuant to

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the schedule outlined in subsection (d) of this section.

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      (b) The requirements of subsection (a) of this section shall not apply to:

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      (1) Any place of assembly with an occupancy load of fifty (50) to three hundred (300)

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people of less concentrated use, exclusively calculated at fifteen (15) square feet per person;

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      (2) Any place of assembly with an occupancy load of fifty (50) to three hundred (300)

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people of concentrated use not classified as a "nightclub";

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      (3) Any place of assembly with an occupancy load of fifty (50) to three hundred (300)

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people of concentrated use, classified as a "nightclub" with a posted maximum occupancy of less

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than one hundred fifty (150) people;

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      (4) Any existing building used primarily as a place of worship that is in compliance with

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the requirements for places of worship established pursuant to § 23-28.6-24;

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      (5) The open assembly areas in existing unheated buildings used on a seasonal basis

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provided the building is protected by a properly maintained total (complete) fire alarm system

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during all periods of occupancy; and

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      (6) Student occupied assembly areas, such as auditorium(s), library(s), cafeteria(s) and

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gymnasium(s), within any existing building, classified as either an educational occupancy, or an

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institution of higher education such as a community college, a college and/or university, that is

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protected by a properly maintained total (complete) fire alarm system. In the event the owner or

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management of such a building plans to use one or more of the above assembly areas, in a

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manner inconsistent with the traditional educational use, for example a community meeting, a

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dance or a play, the owner or responsible management must first consult with the state fire

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marshal's designee, in the local fire department, and develop a plan of action for such use. The

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proposed event shall only be conducted pursuant to the above plan of action. This exception shall

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not apply to any such existing higher education assembly area(s) used generally for commercial

 

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purposes such as an arena, restaurant, bar or lounge.

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      (c) Alternatively engineered sprinkler systems, approved by the Fire Safety Code Board

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of Appeal and Review, shall be allowed in the retrofitting of an existing place of assembly with

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sprinklers.

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      (d) All places of assembly with a maximum occupancy of more than three hundred (300)

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people shall be fully sprinkled in accordance with the above standards on or before July 1, 2005.

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All "nightclubs" with a posted maximum occupancy of one hundred fifty (150) or more people,

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and up to three hundred (300) people shall be fully sprinkled in accordance with the above

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standards on or before July 1, 2006. For good cause shown, the above deadlines may be extended

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by the Fire Safety Code Board of Appeal & Review.

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      (e) The occupancy of any place of assembly without a fire alarm system and/or sprinkler

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system after July 1, 2004, shall have its maximum occupancy adjusted by minus ten percent

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(10%) for the absence of a fire alarm system and minus twenty percent (20%) for the absence for

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the of sprinklers, when fire alarm systems and/or sprinklers are required by law or regulation.

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Such downward adjustment in occupancy shall be cumulative and shall cease to apply when the

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premises are in compliance with requirements for fire alarms systems and sprinklers, and shall

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not affect any other requirements of the Fire Safety Code Board of Appeal and Review applicable

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to the premises. The ten percent (10%) and twenty percent (20%) reductions in maximum

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occupancy, herein set forth, may be waived, in writing, by the state fire marshal, assistant state

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fire marshal, deputy state fire marshals, the local fire chief of the jurisdiction in which the place

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of assembly is located, or an assistant deputy state fire marshal as designated by the local fire

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chief. Provided, however, that the owner or management responsible for the operation of the

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facility shall be required to operate said facility under an alternative plan of action for fire safety,

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which plan shall require the approval of the state fire marshal, the assistant state fire marshal,

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deputy state fire marshals, the local fire chief of the jurisdiction in which the place of assembly is

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located, or an assistant deputy state fire marshal as designated by the local fire chief, in order to

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qualify for the waiver provided for herein.

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      (f) A place of assembly with an occupancy of one hundred fifty (150) or greater and up

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to three hundred (300) may avoid the above occupancy adjustment by requiring a fire fighter to

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be on duty during all hours of occupancy. In no event shall the occupancy adjustment to the

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firefighter requirement alter the July 1, 2006 deadline for the installation of sprinklers.

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      (g) All places of assembly with an occupancy of less than one hundred fifty (150) shall

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use fire retardant paints or other coverings, to a standard acceptable to the Fire Safety Code Board

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of Appeal and Review, unless the building has sprinklers by July 1, 2006.

 

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      (h) The provisions of this section, in its entirety, shall not apply to places of worship

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except as may be required by the Fire Safety Code Board of Appeal and Review pursuant to § 23-

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28.6-24.

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     23-28.6-22. Nightclubs. -- Every special amusement building concentrated occupancy

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place of assembly nightclub as defined in § 23-28.1-5 shall comply with the following

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requirements, consistent with requirements related thereto established by the Fire Safety Code

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Board of Appeal and Review and the state fire marshal. All such buildings shall:

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      (1) Have fire alarms that are municipally connected for occupancies of one hundred fifty

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(150) or greater and for all Class A and B places of assembly by July 1, 2004. These fire alarm

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systems shall be tested no less than quarterly.

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      (2) Have sprinklers in Class C places of assembly of one hundred fifty (150) or greater

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with an occupancy load of one hundred fifty (150) up to three hundred (300) people by July 1,

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2006 and in Class A and B places of assembly with an occupancy load of greater than three

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hundred (300) people by July 1, 2005; provided, however, that this requirement shall not apply to

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fully alarmed buildings used exclusively as places of worship.

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      (3) Have alarm systems sound and upon the actuation of any smoke detector or fire

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alarm, have emergency lighting or other appropriate lighting activate, and require that any

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conflicting sounds or visuals cease, by February 20, 2004.

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      (4) Have two (2) fire extinguishers, which shall be at least twenty (20) pounds or such

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other size as may be established as appropriate by the Fire Safety Code Board of Appeal and

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Review, in each stage area, by February 20, 2004.

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      (5) Have floor proximity exit signs for all occupancies greater than one hundred fifty

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(150) by February 20, 2005.

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      (6) Provide an audible announcement of the location of emergency exits prior to each act

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or set.

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      (7) Have an emergency plan for the premises, approved by a fire marshal and consistent

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with rules established by the Fire Safety Code Board of Appeal a person on duty or a crowd

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manager on duty, who has been trained by the fire marshal with regard to the emergency plan and

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basic crowd management techniques by October 1, 2004. This requirement shall be in addition to

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the requirement for a detail fire fighter.

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     23-28.6-24. Places of worship. -- (a) The Fire Safety Code Board of Appeal and Review

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shall establish and maintain a subcategory of assembly occupancies for places of worship and

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shall, consistent with the provisions of this section, specify code requirements applicable to the

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subcategory. Every place of worship as defined in § 23-28.1-5 shall comply with the requirements

 

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for places of worship by the Fire Safety Code Board of Appeal and Review and administered by

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the state fire marshal. In establishing and maintaining this subcategory, the board shall give due

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consideration to the historic level of use as well as to occupant load and shall provide for separate

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calculation of occupant loads for sanctuaries and gathering halls and for distinct requirements for

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the different areas of the place of worship.

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      (b) Newly constructed places of worship shall comply with the applicable requirements

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for new occupancies.

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      (c) Existing places of worship shall comply with requirements established by the Fire

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Safety Code Board of Appeal and Review, pursuant to this subsection.

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      (1) The Fire Safety Code Board of Appeal and Review shall adopt reasonable

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requirements for fire safety in existing places of worship by July 1, 2007, which standards shall

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allow for the continued occupancy and use of the place of worship without undue hardship, with

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due consideration for the historic use and operation of the place of worship, unless such continued

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use and occupancy would constitute a serious threat to life. Such requirements shall provide that

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the place of worship shall have:

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      (i) Adequate egress, including exits, exit signs, and emergency lighting;

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      (ii) Adequate systems for discovery of fire and smoke and for altering occupants

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promptly and effectively; and

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      (iii) Adequate fire extinguishers.

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      (2) Existing places of worship shall not be subject to requirements for places of assembly

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to install sprinklers in the sanctuary or in other areas unless the state fire marshal, or official in

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the office of the state fire marshal designated by the state fire marshal in the capacity of the

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authority having jurisdiction, shall determine: (i) that in the absence of sprinklers, there would be

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a serious threat to life as a result of conditions specific to those areas in the place of worship; or

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(ii) that the kitchen of the place of worship is used for cooking food for more than two (2) hours

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per week as an annual average, in which case a requirement may be imposed for automatic fire

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suppression system in the kitchen. The code requirements applicable to the place of worship shall

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be deemed satisfactory purposes of the use of the place of worship or areas thereof by community

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members and groups and nonprofit organizations; provided, however, that the use of the place of

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worship or a portion thereof for an occupancy for a commercial purpose or for the regular

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conduct of an activity or function that requires licensure by the state may be subject to code

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requirements for that occupancy.

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      (d) The Fire Safety Code Board of Appeal and Review shall establish a timetable for

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existing places of worship to comply with the requirements adopted pursuant to subsection (c) of

 

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this section, which compliance timetable shall commence not sooner than January 1, 2008 and

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may extend beyond July 1, 2008.

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      (e)(d) The Fire Safety Code Board of Appeal and Review and the state fire marshal shall

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in establishing, interpreting, administering and enforcing code requirements pertaining to this

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subcategory satisfy reasonable requirements for life safety in a manner that does not cause

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disproportionate effort or expense and that allows for continued occupancy as places of worship

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in buildings and structures where worship is a historic use, provided that any condition that

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represents a serious threat to life is mitigated by application of appropriate safeguards, and in so

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doing, shall give due consideration in applying the provisions of this paragraph to occupancies

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that normally are used by gatherings of less than fifty (50) persons.

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     SECTION 6. Section 23-28.19-11 of the General Laws in Chapter 23-28.19 entitled

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"Tents-Grandstands-Air-Supported Structures" is hereby amended to read as follows:

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     23-28.19-11. Smoking regulations. -- Signs prohibiting smoking shall be prominently

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displayed at all entrances and at other locations within any tent used as a place of assembly, so

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that they may be clearly visible to all occupants. Frequent announcements regarding the

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prohibition shall be made, preferably over a public address system if available. Suitable non-

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combustible containers shall be provided at all entrances for the proper disposition of cigar or

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cigarette butts and pipe dottle, and a uniformed an attendant shall be stationed at the locations to

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advise patrons of the no smoking regulations.

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     SECTION 7. Section 23-28.25-1 of the General Laws in Chapter 23-28.25 entitled "Fire

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Alarm Systems" is hereby amended to read as follows:

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     23-28.25-1. Applicability. -- All buildings and facilities covered under the Fire Safety

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Code and all codes adopted pursuant to the Fire Safety Code, shall be equipped with an approved

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fire alarm system installed and maintained in accordance with this chapter and any updated fire

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alarm regulations adopted by the Fire Safety Code Board of Appeal & Review. Any building that

26

is not a place of assembly, that is required to be equipped with a fire alarm system pursuant to the

27

Rhode Island Fire Safety Code, shall be so equipped on or before July 1, 2005.

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     SECTION 8. 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 -- COMPREHENSIVE FIRE SAFETY ACT

***

1

     This at would bring various sections of the general laws relative to fire safety up-to-date

2

to conform to the National Fire Prevention Act standards.

3

     This act would take effect upon passage.

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LC001794 - Page 12 of 12