CHAPTER 79
2001-H 5880A am
Enacted 7/6/2001


A  N     A   C   T

RELATING TO CRIMINAL OFFENSES - DISORDERLY CONDUCT

Introduced By:   Representatives McCauley, Cicilline, Almeida, Palangio Date Introduced:   February 6, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 11 of Title 11 of the General Laws entitled "Disorderly Conduct" is hereby amended by adding thereto the following section:

11-11-7. Overcrowded assembly. - (a) The occupant load permitted in any assembly building structure, or portion thereof, shall be determined by dividing the net floor area or space assigned to that use by the square feet per occupant as follows:

(1) An assembly area of concentrated use without fixed seats such as an auditorium, gymnasium, church, chapel, dance floor, and lodge room, seven square feet (7 sq. ft.) per person.

(2) An assembly area of less concentrated use such as conference rooms, dining room, drinking establishments, exhibit room, or lounge, fifteen square feet (15 sq. ft.) per person.

(3) Standing room or waiting space, five square feet (5 sq. ft.) per person; provided, that aisle area, except rear cross aisles, shall not be considered in determining the number of standing patrons allowed.

(b) Any residential structure, or portion thereof, that is used by persons to assemble for consumption of food or drink shall not exceed the occupant load as determined by dividing the net floor area or space assigned to that use by the square feet per occupant as follows:

(1) Any individual single family dwelling or any unit in a multi-family dwelling or apartment house, fifteen (15) net square feet per person;

(2) A public space associated with a single family dwelling or any multi-family dwelling or apartment house, fifteen (15) net square feet per person.

(c) Penalty. If any person in control or possession of a building or structure, or portion thereof, fails to comply with the provisions of this section, said assembly shall be reduced to the limit set forth by this section and the person in control or possession of a building or structure shall be guilty of a petty misdemeanor and fined an amount not more than five hundred dollars ($500) for the first offense with notice of said offense sent by certified mail to the owner of the building or structure. Said fine shall double for the second offense and triple for the third offense with all notices of said offenses sent to the owner of the building by certified mail. In the event there are more than three (3) offenses at a building or structure, the owner shall also be guilty of a petty misdemeanor and fined an amount not to exceed five hundred dollars ($500).

SECTION 2. This act shall take effect upon passage.


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