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:

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

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

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

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

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

efficient and effective fire safety measures in the state.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

posted on the website of the fire marshal.

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

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

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

February 20, 2004.

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

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

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

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

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

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

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

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

efficient administration of codes:

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

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

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

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

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

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

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

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

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

Review.

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

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

supervision by other than their relatives.

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

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

marshal, the deputy fire marshals, and assistant deputies.

     (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

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

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

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

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

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

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

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

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

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

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

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

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

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

facility unsupervised for limited periods during the day.

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

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

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

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

occupancy" that generally contains the following:

     (i) The building permit number;

     (ii) The address of the structure;

     (iii) The name and address of the owner;

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

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

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

the use for which the proposed occupancy is classified;

     (vi) The name of the building official;

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

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

code;

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

     (x) The design occupant load;

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

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required; and

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

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

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

provisions of § 23-28.1-1.

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

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

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

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

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

receiving proper notice.

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

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

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

natural or man-made disaster.

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

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

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

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

subject to the department's regulations.

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

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

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

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

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

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

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

by all of the following:

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

sound levels.

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

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

attraction.

      (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.

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

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

distinctly private.

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

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

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

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

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

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

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

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

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

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

proximate structures.

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

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

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

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

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

during which the temporary certificate of occupancy is valid.

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

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

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

family apartment buildings.

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

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

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

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

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

regard to fire safety regarding any unforeseen condition.

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

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

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

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

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

which separate inspection fees will be payable.

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

property owner.

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

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

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

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

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

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

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

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

of the inspection fee.

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

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

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

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

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

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

before any court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

three (3) years after June 9, 1988.

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

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

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

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

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

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

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

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

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

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

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

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

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

than one hundred fifty (150) people;

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

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

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

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

during all periods of occupancy; and

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

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

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

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

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

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

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

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

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

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.

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

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

sprinklers.

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

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

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

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

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

by the Fire Safety Code Board of Appeal & Review.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

qualify for the waiver provided for herein.

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

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

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

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

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

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

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

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

28.6-24.

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

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

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

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

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

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

systems shall be tested no less than quarterly.

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

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

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

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

fully alarmed buildings used exclusively as places of worship.

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

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

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

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

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

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

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

(150) by February 20, 2005.

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

or set.

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

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

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

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

the requirement for a detail fire fighter.

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

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

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

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

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

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

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

the different areas of the place of worship.

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

for new occupancies.

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

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

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

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

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

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

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

the place of worship shall have:

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

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

promptly and effectively; and

      (iii) Adequate fire extinguishers.

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

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

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

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

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

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

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

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

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

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

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

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

requirements for that occupancy.

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

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

may extend beyond July 1, 2008.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

advise patrons of the no smoking regulations.

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

Alarm Systems" is hereby amended to read as follows:

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

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

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

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

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

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

     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

***

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

to conform to the National Fire Prevention Act standards.

     This act would take effect upon passage.

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