2016 -- H 7279 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HEALTH AND SAFETY -- DIVISION OF FIRE SAFETY

     Introduced By: Representatives Winfield, Ucci, and Marshall

     Date Introduced: January 21, 2016

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-28.2-11 of the General Laws in Chapter 23-28.2 entitled

"Division of Fire Safety" is hereby amended to read as follows:

     23-28.2-11. Investigation of fires and attempted fires. -- (a) The state fire marshal,

and/or any of the deputy state fire marshals or assistant state fire marshals, may investigate any

fire or apparently attempted fire, and shall investigate the cause, origin, and circumstances of

every fire of suspicious origin, by which property has been damaged or destroyed, or apparently

attempted fire, and any fire where a fatality occurs as the result of the fire and so far as it is

possible determine the cause of the fire. The investigation shall begin immediately after the

occurrence of the fire, and local government officials shall cooperate completely and assist the

state fire marshal's office in all phases of the investigation.

      (b) It shall be the responsibility of the local authority having jurisdiction to notify the

state fire marshal's office of any fire of suspicious or incendiary origin or where death may have

resulted from the fire. The fire marshal shall adopt notification procedures.

     (c) The state fire marshal, and/or any of the deputy state fire marshals or assistant state

fire marshals, and/or municipal officials including without limitation police, fire and building

officials, shall prohibit any and all insurance adjusters, contractors and restoration companies

from engaging in any solicitation or inspection or any physical presence on the premises under

investigation until twenty-four (24) hours after either the municipal fire department and/or the

state fire marshal, deputy state fire marshal or assistant state fire marshal releases control of the

premises back to its legal owner(s) or occupant(s) unless the insurance adjuster, contractor or

restoration company is accompanied by and acting with permission of the premises' legal owner.

     (d) Any insurance adjuster, contractor or restoration company in violation of the

provisions of subsection (c) of this section shall be subject to a civil penalty of one thousand

dollars ($1,000) for each violation and may be subject to revocation of the appropriate

professional license or registration.

     SECTION 2. 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 -- DIVISION OF FIRE SAFETY

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     This act would require state fire marshals and other public officials to prohibit insurance

adjusters and other contractors from physical presence on the premises under investigation until

twenty-four (24) hours after control of the premises is released to its owner or occupant unless

accompanied by and acting with permission of the legal owner, and would provide penalties for

violation.

     This act would take effect upon passage.

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