2017 -- S 0749

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LC002508

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY -- DIVISION OF FIRE SAFETY

     Introduced By: Senators P Fogarty, Nesselbush, Lombardi, Metts, and Ciccone

     Date Introduced: April 12, 2017

     Referred To: Senate Housing & Municipal Government

     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 or acting with, permission of the premises' legal

owner.

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

provisions of subsection (c) 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, or acting with, permission of the legal owner, and would provide penalties for

violation.

     This act would take effect upon passage.

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LC002508

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