2016 -- S 2758

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LC005293

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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 - FIRE SAFETY

     Introduced By: Senator Ryan W. Pearson

     Date Introduced: March 10, 2016

     Referred To: Senate Housing & Municipal Government

     (Administration)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-28.01-4 of the General Laws in Chapter 23-28.1 entitled

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

and regulations adopted by the fire safety board.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

promulgating the aforementioned rules and regulations:

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

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

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

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

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

ensure the consistent enforcement of the code.

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

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

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

this relief into the 2012 codes code.

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

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policies.

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

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

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

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

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

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

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

2008, three (3) family dwellings shall be equipped with hard wired or supervised interconnected

UL approved wireless smoke alarms and carbon monoxide detectors alarms, in accordance with

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

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

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

carbon monoxide detection in any new and existing private dwelling occupied by one, two (2)

and three (3) families shall charge no more than a seventy-five dollar ($75.00) fee for a one

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

hundred seventy-five dollar ($175) fee for a three (3) family unit for the smoke detector alarm

and carbon monoxide detector alarm plan review together with any subsequent detection

inspections.

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

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

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

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

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

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

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

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

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

once a week for the same period of time;

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

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

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

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

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

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and

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

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

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

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

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

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

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

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

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

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

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

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

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

singular; and

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

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

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

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

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

fire code for existing buildings and structures, as applicable.

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

governed by the following:

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

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

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

for a variation.

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

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

to summarily abate any condition which presents immediate danger to life, these 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, and blocked or inadequate

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

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

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

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

actions.

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

February 20, 2004 the effective date of the adopted code, shall be subject to the provisions of the

Rhode Island Fire Safety Code addressing the new occupancy. All existing buildings and

structures, and those buildings and structures for which a building permit was issued prior to

February 20, 2004 the effective date of the adopted code, shall be subject to the provisions of the

Rhode Island Fire Safety Code addressing the existing occupancy. Any existing building or

structure, subject to the provisions of the Rehabilitation Building and Fire Code for Existing

Buildings and Structures, shall also comply with the existing occupancy provisions of the Rhode

Island Fire Safety Code addressing the current or proposed occupancy. All active fire protection

systems, including but not limited to sprinklers, fire alarms, emergency lighting, smoke detectors

and exit signs, previously required and installed in existing buildings, shall continue to be

properly maintained.

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

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

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

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

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

until December 31, 2015. The aforementioned compliant buildings and/or structures shall not be

further required to comply with the 2010 edition of the NFPA 72 until December 31, 2015.

     SECTION 3. Section 23-28.2-21 of the General Laws in Chapter 23-28.2 entitled

"Division of Fire Safety" is 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. NFPA Standards included in the National Fire

Code, 2003 edition as referenced by the edition of the Life Safety Code in effect at the time, shall

be used by the authority having jurisdiction as the accepted standard with regard to fire safety

regarding any unforeseen condition.

     SECTION 4. This act shall take effect upon passage.

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LC005293

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - FIRE SAFETY

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     This act would make several updates to the state fire code and its reference to the term

and adoption of portions of the national fire codes.

     This act would take effect upon passage.

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LC005293

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