Chapter 106
2003 -- S 1132 SUBSTITUTE A AS AMENDED
Enacted 07/07/03
A N A C T
RELATING
TO HEALTH AND SAFETY -- FIRE SAFETY CODE
Introduced
By: Senators Celona, Polisena, Lanzi, Algiere, and Irons
Date
Introduced: June 10, 2003
It
is enacted by the General Assembly as follows:
SECTION 1. Legislative dedication. -- The general assembly and the State
of Rhode
Island
dedicate this act to all of the victims and the families of victims of “The
Station” nightclub
fire
of February 20, 2003, in West Warwick, Rhode Island. This act is also dedicated
to all of the
public
safety officials, fire, police, rescue, medical, emergency management, state,
local, non-
profit,
religious, and private sector personnel and volunteers, who assisted the
victims and their
families
and the survivors of the fire. It is the intent of the general assembly, that
with the
passage
of this act, Rhode Island will never again be the place of such a tragedy.
SECTION 2. Title 23 of the General Laws entitled "Health and Safety"
is hereby
amended
by adding thereto the following chapter:
CHAPTER
23-28.01
COMPREHENSIVE FIRE
SAFETY ACT
23-28.01-1.
Short title. – This act shall be known and may be cited as "The
Comprehensive
Fire Safety Act of 2003".
23-28.01-2.
Legislative findings. -- The general assembly finds and declares
that:
(a)
Fires are a significant and preventable cause of the loss of life in the state;
(b)
Catastrophic fires, while rare, have happened in the state with tragic loss of
life;
(c)
Fire safety and building codes can provide standards that substantially reduce
the risk
of
death, injury, and property damage caused by fires;
(d)
Compliance with codes is critical to their being an effective means for
achieving the
reduction
of both risks and losses;
(e)
Codes are more effective when they are comprehensive in their application,
up-to-
date,
and integrated;
(f)
Rhode Island has a long history of developing, adopting, and implementing codes
as
conditions
in the state have changed and the means and practice of fire safety have
evolved; and
(g)
Rhode Island, in 2003, wishes in response to the tragic fire at “The Station”
nightclub,
in
West Warwick, to improve fire safety throughout the state.
23-28.01-3.
Legislative purpose and intent. – The purposes of this act are
to make
Rhode
Island the safest state in the nation in terms of fire safety, to provide for
the adoption and
implementation
of an up-to-date comprehensive system of codes for fire safety and to foster a
culture
of compliance with standards for fire safety, and to provide for amendments to
title 23,
chapters
23-28.1, 23-28.2, 23-28.3, 23-28.6, 23-28.11, and 23-28.25, which are made in
the
subsequent
sections of the public law establishing this chapter.
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 23-28.2 as
amended, who
may
delegate authority as provided by law, and in the Fire Safety Code Board of
Appeal and
Review,
as provided for in chapter 23-28.3.
23-28.01-5.
Planning and reporting. -- 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.
(a)
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.
(b)
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.
(c)
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 in special amusements buildings and provide this information on a
website,
effective
February 20, 2004.
23-28.01-6.
Coordinated administration of Fire Safety and Building codes. – (a)
The
fire
marshal and the state building commissioner shall jointly advise by July 1,
2004, the joint
committee
on the rehabilitation building code for existing buildings and structures,
established by
chapter
23-29.1, with regard to any conflicts between fire safety codes and building
codes and the
enforcement
thereof. The joint committee shall develop comprehensive recommendations by
October
1, 2004, for resolving such conflicts, which recommendations shall be submitted
to the
Fire
Safety Code Board of Appeal and Review and the State Building Code Standards
Committee,
as appropriate, for consideration and for implementation by rule or agreement
by July
1,
2005.
(b)
The Fire Safety Code Board of Appeal and Review shall report by February 1,
2004,
to
the general assembly with regard to all provisions of the general and public
laws that will be
either
superceded or made obsolete by the adoption of changes to the Fire Safety Code.
SECTION
3. Sections 23-28.1-1, 23-28.1-2, 23-28.1-5, 23-28.1-6 and 23-28.1-7 of the
General
Laws in Chapter 23-28.1 entitled "Fire Safety Code-General
Provisions" are hereby
amended
to read as follows:
23-28.1-1.
Short title. -- Chapters 28.1 -- 28.39 of this title, and all codes
referenced
therein
and adopted thereunder, shall be known and may be cited as the "Fire Safety
Code".
23-28.1-2.
Purposes – Rules of construction – General application. – (a) Effective
January
1, 2004, the Uniform Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) of
the
National
Fire Protection Association, Inc., 2003 editions, with appendices, 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".
This code shall be liberally construed and applied to promote its underlying
purposes
and 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) To specify reasonable minimum requirements for fire safety in new and
existing
buildings
and facilities, except in private dwellings occupied by one (1), 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 and carbon monoxide detectors in private
dwellings
occupied by one (1), 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 and carbon monoxide detectors, in accordance with
standards
established
by the Fire Safety Code Board of Appeal and Review; and
(3) Except as provided in subdivision (5) of this subsection, 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 in the division of fire safety 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; 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 23-28.28 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 23-28.25,
or for the
possession
and display of commercial fireworks or pyrotechnics pursuant to chapter
23-28.11
of of this title, which
chapter shall exclusively govern the requirements for the installation of, and
specification
for, fire protection systems, and 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,
or 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.
23-28.1-5. Definitions. -- Unless otherwise expressly stated, the
following terms shall,
for the
purpose of this code title, have the meanings indicated in this
section:; provided, however,
that
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) Air supported structure. - A structural and mechanical system which is
constructed of
high
strength fabric or film and achieves its shape, stability, and support by
pretensioning with
internal
air pressure; air structures may be used for temporary applications.
(2) Alteration. - As applied to a building or structure means a change or
rearrangement in
the
structural parts or in the means of egress; or an enlargement, whether by
extending on a side
or by
increasing in height; or the moving from one location or position to another.
(3) Apartment house. - (i) The term "apartment house" shall mean a
building containing
four
(4) or more family units or apartments arranged such that a common means of
egress is
shared
by two (2) or more family units or apartments.
(ii) A family unit or apartment shall be that part of an apartment house that
is arranged
for
the use of one or more persons living and cooking together or alone as a single
housekeeping
unit.
(4) Area of refuge. - The term "area of refuge" shall mean a ground
area, reasonably
accessible
from a building, of sufficient size and in safe condition for refuge by all
building
occupants
at a safe distance from the building. When used in relation to areas within
buildings,
this
term shall mean an area beyond a fire wall or smoke barrier of sufficient size
to offer refuge
to
all occupants on the same floor of the building.
(5) Attic. - The space between the ceiling beams of the top habitable story and
the roof
rafters.
(6) Attic (habitable). - A habitable attic is an attic which has a stairway as
a means of
access
and egress and in which the ceiling area at a height of seven and one-third
feet (7 1/3')
above
the attic floor is not more than one-third ( 1/3) the area of the floor next
below.
(7) Authority having jurisdiction. - Unless specifically defined to the
contrary in the
various
occupancy chapters, the authority having jurisdiction shall be the state fire
marshal, the
deputy
fire marshal, and assistant deputies.
(8) Automatic. - As applied to fire protection devices, is a device or system
providing an
emergency
function without the necessity of a human intervention and activated as a
result of a
predetermined
temperature rise, rate of rise of temperature, or increase in the level of
combustion
products,
such as incorporated in an automatic sprinkler system, automatic fire door,
etc.
(9) Automatic detecting device. - A device which automatically detects heat,
smoke, or
other
products of combustion.
(10) Automatic fire alarm system. - A manual fire alarm system containing
automatic
detecting
device(s) which actuates a fire alarm signal.
(11) Automatic fire door. - A fire door or other opening protective constructed
and
arranged
so that, if open, it shall close when subjected to:
(i) A predetermined temperature,
(ii) A predetermined rate of temperature rise, or
(iii) Smoke or other products of combustion.
(12) Automatic sprinkler. - A device, connected to a water supply system, that
opens
automatically
at a predetermined fixed temperature and disperses a spray of water.
(13) Automatic sprinkler system. - A sprinkler system, for fire protection
purposes, is an
integrated
system of underground and/or overhead piping designed in accordance with fire
protection
engineering standards. The system includes a suitable water supply. The portion
of the
system
above ground is a network of specially or hydraulically designed piping
installed in a
building,
structure, or area, generally overhead, and to which automatic sprinklers are
connected
in a
systematic pattern. The system is usually activated by heat from a fire and
discharges water
over
the fire area.
(14) Automatic water supply. - Water supplied through a gravity or pressure
tank or
automatically
operated fire pumps, or from a direct connection to an approved municipal water
main.
(15) Basement. - The term "basement" shall mean that portion of a
building, the floor of
which
is at least two feet (2') below the lowest adjacent ground level or sidewalk at
any point, and
is
below ground level for more than fifty percent (50%) of its area to a depth
greater than fifty
percent
(50%) of its clear story height (floor to ceiling). (See "Story,"
"Cellar.")
(16) Boarding homes. - The term "boarding home" shall mean a building
used in whole
or in
part as a place for the boarding and care of five (5) or more persons,
excluding a family
group
of a dwelling or home, and homes for the aged, but shall not include such
places as are
defined
under the term "hospital," "convalescent home,"
"nursing home," "foster home," "rest
home."
(17) Building. - Any structure used or intended for supporting or sheltering
any use or
occupancy.
(18) Building (Existing). - Any structure erected prior to the adoption of the
appropriate
code,
or one for which a legal building permit has been issued.
(19) Business building. - The term "business building" shall mean a
building used for or
planned
for use in transacting business that does not involve the storage of stocks or
goods,
wares,
or merchandise in large quantities, except such as are incidental to display
purposes;
included,
among others shall be office buildings, civil administration activities,
professional
services,
testing, and research laboratories, radio stations, telephone exchanges,
gasoline stations
having
a storage capacity under twenty thousand (20,000) gallons, and similar
establishments.
(20) Cellar. - That portion of a building the ceiling of which is completely
below ground
level
at all exterior walls. (See "Story," "Basement.")
(21) Child day care center. - The term "child day care center" shall
mean a room or
group
of rooms or spaces within a building used as a place for the care, guidance
and/or
supervision
of a total of five (5) or more children not of common parentage, which term
shall
include
all such places known as day nurseries, nursery schools, kindergarten schools,
play
schools,
and preschools.
(22) Chimney. - A primarily vertical enclosure containing one or more
passageways.
(23) Chimney connector. - A pipe which connects a fuel burning appliance to a
chimney.
(24) Classroom. - The term "classroom" shall mean a room used by a
group of students
to
receive instructions or pursue studies.
(25) Code. - The term "code" shall mean this Fire Safety Code
established under the
provisions
of section 23-28.1-1.
(26) Combustible. - The term "combustible" shall mean that which is
not within the
category
of "noncombustible," as defined in this section of the code.
(27) Convalescent home. - See intermediate care facility.
(28) Covered mall. - A covered or roofed interior area used as a pedestrian
public way
and
connecting buildings and/or a group of buildings housing individual or multiple
tenants.
(29) Dumbwaiters. - A "dumbwaiter" is a lifting and lowering
mechanism with a floor
area
not exceeding nine (9) square feet, with a car top not more than four feet (4')
above the car
floor,
the capacity not to exceed five hundred pounds (500 lbs.), which is used
exclusively for
carrying
freight. No persons are permitted to ride on, in, or to step into the car.
(30) Elevator. - An elevator is a hoisting and lowering mechanism equipped with
a car
platform
which moves in guides in a substantially vertical direction which services two
(2) or
more
floors of a building or structure.
(31) Exit. - The term "exit" shall have the same meaning as
"means of egress," as defined
in
this section.
(32) Factory-built chimneys. - A chimney that is factory made, listed by a
nationally
recognized
testing or inspection agency, for venting gas appliances, gas incinerators, and
solid or
liquid
fuel burning appliances.
(33) 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.
(34) Fire door. - The term "fire door" shall mean a door and its
assembly with jamb, so
constructed
and assembled in place as to have a certified fire-resistant rating of at least
the herein
prescribed
duration.
(35) Fire retardant treated wood. - (i) The term "fire retardant treated
wood" shall mean
wood
so treated by a pressure impregnation process as to reduce its combustibility.
When
permitted
as a structural element, fire retardant treated wood shall be tested in
accordance with
Standards
of N.F.P.A. 255, A.S.T.M.E.-84 and U.L. 723, and shall show a flamespread
rating of
no
greater than twenty-five (25) when exposed for a period of not less than thirty
(30) minutes
with
no evidence of significant progressive combustion. The material shall bear the
identification
of an
accredited authoritative testing agency showing the performance thereof.
(ii) When used as an interior finish, material fire retardant treated wood
shall meet the
required
flame spread ratings when tested in accordance with the test scale described in
the
definition
of flamespread.
(iii) Such material shall not be used on the exterior of buildings where it
will be exposed
directly
to the weather.
(36) Fire wall. - The term "fire wall" shall mean a wall of brick,
reinforced concrete,
hollow
masonry units or other approved noncombustible materials, which subdivides a
building
or
separates a building to restrict the spread of fire; and shall have sufficient
structural stability
under
fire conditions to allow collapse of construction on either side without
collapse of the wall;
and
shall be continuous from foundation to two feet eight inches (2'8") above
the roof surface,
except
the wall is permitted to terminate at the underside of the roof deck where the
roof is of
noncombustible
construction and is properly firestopped at the wall or the roof sheathing or
deck
is
constructed of approved noncombustible materials or approved fire-retardant
treated wood and
the
wall is properly firestopped at the deck for a distance of four feet (4') on
both sides of the wall
and
the roof covering has a minimum of a class C rating.
(37) Flame resistance. - The property of materials or combinations of component
materials
which restricts the spread of flame as determined by the flame resistance tests
specified
in
this code.
(38) Flamespread. - The propagation of flame over a surface.
(39) Flamespread rating. - The measurement of flamespread on the surface of
materials
or
their assemblies as determined by tests conducted in compliance with recognized
standards.
(40) Flamespread rating. - The term "flamespread rating" shall mean
the classification of
materials
in accordance with the method of testing the surface burning characteristics of
building
materials
as described in N.F.P.A. pamphlet 255, A.S.T.M.E.-84, and U.L. 723, in which
asbestos
cement
board rates zero (0) on the scale, and red oak lumber, one hundred (100).
(41) Flammable. - Subject to easy ignition and rapid flaming combustion.
(42) Floor furnace. - A self-contained, connected or vented furnace designed to
be
suspended
from the floor of the space being heated taking air for combustion outside this
heated
space
and with means for observing the flame and lighting the appliance from the
space being
heated.
(43) Forced warm air furnace. - A furnace equipped with a blower to provide the
primary
means
for circulating air.
(44) Grade. - A reference plane representing the average of finished ground
level
adjoining
the building at all exterior walls.
(45) Grade hallway, grade lobby, grade passageway. - An enclosed hallway or
corridor
that
is an element of an exitway, terminating at a street or an open space or court
communicating
with
a street.
(46) Grandstand. - Any structure, except movable seating and sectional benches,
intended
primarily to support individuals for the purposes of assembly, but this
definition shall
not
apply to the permanent seating in theatres, churches, auditoriums, and similar
buildings.
(47) Group home I. - A "group home I" for children means a
specialized facility for child
care
and treatment in a dwelling or apartment owned, rented or leased by a public
child-placing
agency,
private licensed child-placing agency, a family and independent operator or
private or
public
organization which receives no more than eight (8) children for care both day
and night. A
"group
home I" shall be subject to the same fire and health regulations which apply
to "homes for
the
boarding of children" licensed by the state department of children, youth,
and families with a
maximum
total of eight (8) children as defined in chapter 28.13 of this title, sections
23-28.13-27
to
23-28.13-33, inclusive; provided, however, that the provisions of section
23-28.30-13 shall
also
be applicable.
(48) Habitable space. - Space in a structure for living, sleeping, eating, or
cooking.
Bathrooms,
toilet compartments, closets, halls, storage or utility space, and similar
areas are not
considered
habitable space.
(49) Habitable space, minimum height. - A clear height from finished floor to
finished
ceiling
of not less than seven and one-half feet (7 1/2'), except that in attics and
top half stories
the
height shall be not less than seven and one-third feet (7 1/3') over not less
than one-third ( 1/3)
the
area of the floor when used for sleeping, study, or similar activity.
(50) Habitable space, minimum size. - A space with a minimum dimension of seven
feet
(7')
and a minimum area of seventy square feet (70 sq. ft.) between enclosing walls
or partitions,
exclusive
of closet and storage spaces.
(51) Halogenated extinguishing system. - A system of pipes, nozzles, and an
actuating
mechanism
and a container of halogenated agent under pressure.
(52) Health care facilities. - A place, however named, which is established,
offered,
maintained,
or operated for the provision of organizing inpatient or ambulatory medical,
diagnostic,
therapeutic, nursing, rehabilitative, or preventive care of persons with
physical,
mental,
or other disabling conditions or diseases; including, but not limited to,
hospitals, skilled
nursing
facilities, and intermediate care facilities.
(53) Heating appliance. - Any device designed or constructed for the generation
of heat
from
solid, liquid, or gaseous fuel or electricity.
(54) High rise. - Is a structure more than six (6) stories or which is more
than seventy-
five
feet (75') in height above the basement or ground.
(55) Hollow masonry unit. - A masonry unit whose net cross-sectional area in
any plane
parallel
to the bearing surface is less than seventy-five percent (75%) of its gross
cross-sectional
area
measured in the same plane.
(56) Horizontal exit. - The "horizontal exit" shall mean a doorway
through or around a
fire
wall protected by a fire door, which door shall not be held in an open position
by a device
which
will require more than one movement of normal strength to close. This term
shall also
include
a bridge connecting two (2) buildings whose outside walls are of masonry
construction.
(57) Hospital. - A "hospital" is a health facility with an organized
medical staff providing
for
twenty-four (24) hour inpatient services for the diagnosis, care and treatment
of two (2) or
more
individuals unrelated by blood or marriage.
(58) Hotel. - The term "hotel" shall mean a building or portion of a
building used as a
place
where sleeping accommodations are furnished for hire or other consideration,
with or
without
board, for twenty-one (21) or more guests or employees of the management, or in
which
eleven
(11) or more sleeping rooms are maintained for such guests or employees. The
term
"hotel"
shall include all clubs, schools, motels, dormitories, or other buildings which
have similar
sleeping
accommodations, but shall not include apartment houses, hospitals, penal
institutions, or
buildings
housing the insane.
(59) Industrial building. - The term "industrial building" shall mean
a building or
structure
used, or planned to be used for manufacturing primarily, or in which five (5)
or more
persons,
at any one time, are engaged in performing work or labor in fabricating,
assembling, or
processing
of products or materials. Included, among others, shall be factories, assembly
plants,
industrial
laboratories, and all other industrial or manufacturing uses; excluding high
hazard uses.
This
definition shall also apply to those industrial buildings the contents of which
are classified as
ordinary
hazard or high hazard in accordance with section 23-28.17-7 regardless of the
number of
employees.
(60) Interior finish. - (i) The term "interior finish" shall mean and
include the material on
walls,
on partitions of fixed or movable type, on ceilings and on other exposed
interior surfaces of
buildings
and any surfacing material including paint or wall coverings applied thereto.
"Interior
finish"
includes materials affixed to the building structure as distinguished from
decorations or
furnishings
which are not so affixed. Finish floors and floor coverings shall be considered
a part
of
the interior finish.
(ii) The classification of interior finish materials shall be that of the basic
material used,
without
regard to subsequently applied paint or paper or materials of no greater fire
hazard than
paper,
provided such finish does not exceed one-twenty-eighth of an inch ( 1/28")
in thickness
and
is applied directly to a noncombustible base. Baseboards, chair rails,
moulding, trim around
openings,
and other interior trim not more than twelve inches (12") in width and not
exceeding
ten
percent (10%) of the exposed wall and ceiling surface of the area involved, may
be Class A, B
or C.
Exposed portions of heavy timber members shall not be subject to interior
finish
regulations.
Interior finish materials that give off smoke or gases more dense or more toxic
than
that given
off by untreated wood under comparable exposure to heat or flame shall not be
permitted.
(iii) Interior finish materials shall be grouped in accordance with their
flamespread
characteristics
as follows:
(A) "Class A" includes any material classified at twenty-five (25) or
less flamespread
rating
as established by the test scale described in the definition of flamespread
rating. Any
element
thereof when so tested shall not continue to propagate flame.
(B) "Class B" includes any material classified at more than
twenty-five (25) but not more
than
seventy-five (75) as established by the test scale as described in the
definition of flamespread
rating.
(C) "Class C" includes any material classified at more that
seventy-five (75) but not
more
than two hundred (200) as established by the test scale described in the
definition of
flamespread
rating.
(61) Intermediate care -- Class I. - An intermediate care -- Class I is a
physical structure
properly
equipped and employing sufficient appropriate personnel to render proper
nursing care
to
patients with chronic conditions who do not require professional nursing
service.
(62) Intermediate care -- Class II. - An intermediate care -- Class II is a
physical
structure
properly equipped and employing sufficient appropriate personnel capable of
providing
care
for ambulatory persons requiring minimal or no specialized nursing service but
in need of
personal
care and supervision.
(63) Intermediate care facility. - An intermediate care facility is a health
care facility or
an
identifiable unit or distinct part of a facility which provides twenty-four
(24) hour inpatient
preventive
and supportive nursing care to two (2) or more persons unrelated by blood or
marriage
whose
condition is stabilized but requires continued nursing care and supervision.
(64) Labeled. - The word "labeled" used in connection with equipment
throughout these
regulations
refers to equipment bearing the inspection label of the nationally recognized
testing
agency.
(65) Limited area sprinkler system. - An automatic sprinkler system consisting
of not
more
than twenty (20) sprinklers for use in a room or space enclosed by construction
assemblies
as
required by this code.
(66) Liquefied natural gas. - A fluid in the liquid state composed
predominantly of
methane
and which may contain minor quantities of ethane, propane, nitrogen or other
components
normally found in natural gas.
(67) Liquefied petroleum gas. - The term "liquefied petroleum gas"
and its symbol, "LP-
Gas,"
as used in this code, shall mean and include any material which is composed
predominantly
of
any of the following hydrocarbons, or mixtures of them; propane, propylene,
butanes (normal
butane
or iso-butane), and butylenes.
(68) Listed. - The word "listed" used throughout these regulations in
connection with
equipment
refers to devices and materials that have been investigated by and meet the
listing
requirements
of a nationally recognized testing agency. This equipment shall be identifiable
by
means
of a label or other distinguishing marking specified in the current list
published by the
testing
agency.
(69) Lobby. - The enclosed vestibule between the principal entrance to the
building and
the
doors to the main floor of the auditorium or assembly room of a theatre or
place of assembly,
or to
the main floor corridor of a business building.
(70) Masonry chimney. - A field constructed chimney of solid masonry units,
bricks,
stones,
listed hollow masonry units, or reinforced concrete built in accordance with
nationally
recognized
standards.
(71) Means of egress. - A continuous and unobstructed path of travel from any
point in a
building
or structure to a public space and consists of three (3) separate and distinct
parts: (i) the
exitway
access; (ii) the exitway; and (iii) the exitway discharge. A means of egress
comprises the
vertical
and horizontal means of travel and shall include intervening room spaces,
doors,
hallways,
corridors, passageways, balconies, ramps, stairs, enclosures, lobbies,
escalators,
horizontal
exits, courts, and yards.
(72) Mercantile buildings. - The term "mercantile building" shall
mean a building or
structure
used or intended to be used for the display or sale of goods, wares, and
merchandise and
in
which people congregate, but involving only storage of stocks and goods that
are incidental to
display
and merchandising, including among others, retail stores, shops, sales rooms,
and
markets,
excluding high hazard contents.
(73) Metal chimney (Smokestack). - A field constructed chimney made of metal
and
built
in accordance with nationally recognized standards.
(74) Mezzanine. - An intermediate level between the floor and ceiling of any
story, and
covering
not more than thirty-three percent (33%) of the floor area of the room in which
it is
located.
(75) Motels. - See "hotels."
(76) Noncombustible. - The term "noncombustible" as applied to
building construction
materials
means material which, in the form in which it is used, falls in one of the
following
groups
(i) through (iii). No material shall be classed as noncombustible which is
subject to
increase
in combustibility or flamespread rating beyond the limits established in this
code,
through
the effects of age, moisture, or other atmospheric condition. Flamespread
rating as used
herein
refers to ratings established by the test scale described in the definition of
flamespread
rating.
(i) Materials no part of which will ignite and burn when subjected to fire.
(ii) Materials having a structural base of noncombustible material as defined
in (i) with a
surfacing
material not over one-eighth inch ( 1/8") thick which has a flamespread
rating not
higher
than fifty (50).
(iii) Materials, other than as described in (i) and (ii), having a surface
flamespread rating
not
higher than twenty-five (25) without evidence of continued progressive
combustion and of
such
composition that surfaces that would be exposed by cutting through the material
in any way
would
not have a flamespread rating higher than twenty-five (25) without evidence of
continued
progressive
combustion.
(77) Noncombustible material. - (i) The term "noncombustible
material" when used in
relation
to interior finish on walls or on partitions of fixed or movable type or on
other exposed
interior
wall surfaces and any surface material such as paint or other wall coverings
shall mean
material
which in the form it is used falls into clause (A) or (B): (A) Materials no
part of which
will
ignite or burn when subjected to fire; (B) Materials other than described in
clause (A) having
a
maximum surface flamespread rating on both front and back faces not higher than
Class A
without
evidence of continued progressive combustion and of such composition that
surfaces
exposed
by cutting through the material in any way would not have a flamespread rating
higher
than
Class A without evidence of continued progressive combustion.
(ii) The term "noncombustible material" when used in relation to
acoustical ceiling tile
or
other interior finish on ceilings shall mean materials having a maximum surface
flamespread
rating
on both front and back faces not higher than Class A without evidence of
continued
progressive
combustion and of such composition that surfaces exposed by cutting through the
material
in any way would not have a flamespread rating higher than Class A without
evidence of
continued
progressive combustion and when used as a part of a ceiling assembly the
assembly
shall
be of a design tested and listed by underwriters' laboratories, inc., as having
a fire resistance
rating
of not less than one hour.
(iii) No material shall be classed as noncombustible which is subject to
increase in
combustibility
or flamespread rating beyond the limits established in this code through the
effects
of
age, moisture, or other atmospheric condition. Flamespread rating, as used in
this code refers
to
ratings obtained according to standard tunnel test methods of a nationally
recognized
laboratory
in which asbestos cement board rates zero (0) on the scale and red oak lumber
one
hundred
(100), in accordance with Standards of N.F.P.A. 255, A.S.T.M.E.-84 and U.L.
723.
(iv) The term "noncombustible" when used in relation to buildings in
general and
components
of buildings shall mean that type of structure which is constructed completely
of
masonry,
reinforced concrete, metal, or other materials having fire resistance rating of
not less
than
two (2) hours. A building shall be termed "noncombustible" whether or
not wood flooring
has
been laid over solid or slab masonry, and whether or not door and window
assemblies are of
wood.
(78) Occupancy. - The term "occupancy" shall mean the use of space or
rooms within a
building
by a person or group of persons.
(79) Place of assembly. - The term "place of assembly" shall mean a
room or space
within
a building in which the possible maximum occupancy is more than seventy-five
(75)
persons
in existing buildings and in which more than fifty (50) persons assemble in new
structures
for religious, recreational, educational, political, fraternal, social or
amusement
purposes,
or for the consumption of food or drink, except school classrooms, libraries,
courtrooms,
or any portion of a private dwelling. The room or space shall include adjacent
rooms
with
intervening partitions, open or capable of being opened so as to allow for
occupancy with a
common
purpose.
(80) Place of outdoor assembly. - Premises used or intended to be used for
public
gatherings
of two hundred (200) or more individuals in other than buildings.
(81) Plastic, combustible. - A plastic material more than one-twentieth inches
( 1/20") in
thickness
which burns at a rate of not more than two and one-half inches (2 1/2")
per minute
when
subjected to ASTM D 635, standard method of test of flammability of
self-supporting
plastics.
(82) Posted sign. - The tablet, card, or plate which defines the use,
occupancy, fire
grading
and floor loads of each story, floor or parts thereof for which the building or
part thereof
has
been approved.
(83) Proprietary system. - A protective signaling system under constant
supervision by
competent
and experienced personnel in a central supervision station at the property
protected.
The
system includes equipment and other facilities required to permit the operators
to test and
operate
the system and, upon receipt of a signal, to take such action as shall be
required under the
rules
established for their guidance by the authority having jurisdiction.
(84) Protected corridor. - A corridor or hallway in a building which extends
from exit to
exit
and which has walls or partitions of materials and construction having a fire
resistant rating
of
one hour or more.
(85) Public space. - A legal open space on the premises, accessible to a public
way or
street,
such as yards, courts, or open spaces permanently devoted to public use which
abuts the
premises.
(86) Pyroxylin plastic. - Any nitro-cellulose product or compound soluble in a
volatile,
flammable
liquid, including such substances as celluloid, pyroxylin, fiberloid, and other
cellulose
nitrates
(other than nitrocellulose film) which are susceptible to explosion from rapid
ignition of
the
gases emitted therefrom.
(87) Recessed heater. - A completely self-contained heating unit usually
recessed in a
wall and
located entirely above the floor of the space it is intended to heat.
(88) Remote station system. - An electrical alarm system capable of
automatically
notifying
the public or private fire departments, or other approved constantly attended
location,
when
the system is activated.
(89) Riser. - The vertical supply pipes in a sprinkler system or standpipe
system.
(90) Rooming houses. - The term "rooming house" shall mean any
building which is
used
in whole or in part as a place where sleeping accommodations are furnished for
hire or other
consideration,
with or without board, for not more than twenty (20) guests or employees of the
management,
or only ten (10) or less sleeping rooms are maintained for such guests or
employees.
This term shall include all tourist homes, lodging homes, convents,
monasteries, and
other
nonprofit or charitable institutions which have accommodations as aforesaid,
but shall not
include
private dwellings which accommodate not more than four (4) habitational guests
or
employees,
or apartment houses, hotels, or convalescent homes, nursing home, home for the
aged,
or boarding home, as defined in this code.
(91) Schools. - A school is a building used for the gathering of six (6) or
more persons
for
the purpose of instruction. Exceptions: Child day care centers and proprietary
schools for
adults,
which must conform to the provisions of the Rhode Island Fire Safety Code
relating to the
occupancies
in which they are located.
(92) Sheltered care facility for adults. - A sheltered care facility for adults
is any
establishment,
facility, place, building, agency, institution, corporation or part thereof, or
a
partnership
whether public or private, whether organized for profit or not, used, operated,
or
engaged
in providing lodging or board or housekeeping in a protective environment, to
two (2) or
more
residents unrelated to the owner, excluding however, any privately operated
establishment
or
facility licensed pursuant to chapter 17 of this title, and those facilities
licensed by the
department
of mental health, retardation, and hospitals or any other state agency. A
resident of a
sheltered
care facility for adults is an individual who is an adult not requiring medical
or nursing
care
as provided in a health care facility and who has impairments as a result of
age and/or
physical
or mental limitations requiring lodging or board or housekeeping in a
protective
environment
but is capable of self preservation in emergency situations. The term sheltered
care
facility
for adults may include rooming houses or hotels which provide the above
mentioned
services
and whose residents meet the above mentioned criteria. The term shall not include
health
care
facility, boarding homes, group homes, or community residences as defined in
this code.
(93) Skilled nursing facility. - A health facility or unit thereof that
provides twenty-four
(24)
hour inpatient skilled nursing, therapeutic or restorative care services for
two (2) or more
patients
unrelated by blood or marriage with a rehabilitative potential or condition
requiring
skilled
care.
(94) Smoke barrier. - The term "smoke barrier" shall mean a partition
with a fire-
resistance
rating of not less than one-half ( 1/2) hour with any door openings therein
equipped
with
a door so hung as to be reasonably smoke and gas tight when closed. Any such
door shall be
at
least equivalent to a one and three-eighth inch (1 3/8") solid bonded core
wood door. The door
shall
not be fastened in an open position by a device which will require more than
one movement
of
normal strength to swing the door to a closed position. The barrier shall be
located to provide
ample
area of refuge on each side of the partition of all occupants of the story
secured by the
barrier
and shall extend through any dropped ceiling to the floor or roof above. The
barrier may
have
wire-glass panels each not to exceed six square feet.
(95)
Special amusement building concentrated occupancy place of assembly. - The term
“special
amusement building concentrated occupancy place of assembly” shall mean a Class
A,
B,
or C place of assembly with a maximum occupancy calculated on the basis of less
than fifteen
square
feet (15 sq. ft) per person and for which either there is a license issued
pursuant to chapter
3-7
or there is entertainment or there are both a liquor license and entertainment.
(95) (96) Sprinklered. - The term "sprinklered" shall
mean to be completely protected by
an
approved system of automatic sprinklers installed and maintained in accordance
with N.F.P.A.
Standards.
(96) (97) Stage. - A partially enclosed portion of an assembly
building which is designed
or
used for the presentation of plays, demonstrations, or other entertainment
wherein scenery,
drops,
or other effects may be installed or used, and where the distance between the
top of the
proscenium
opening and the ceiling of the stage is more than five feet (5').
(97) (98) Stairway. - One or more flights of stairs, and the
necessary landings and
platforms
connecting them, to form a continuous and uninterrupted passage from one floor
to
another.
A flight of stairs, for the purposes of this article, must have at least three
(3) risers.
(98) (99) Standpipe. - A wet or dry fire pipe line, extending
from the lowest to the
topmost
story of a building or structure, equipped with a shut-off valve with hose
outlets at every
story.
(99) (100) Storage building. - The term "storage
building" shall mean a building or
structure
used, or planned for use primarily for the storage of goods, wares, and
merchandise, and
in
which less than five (5) persons are employed in the labor of manufacturing or
processing.
Included,
among others, shall be warehouses, storehouses, and freight depots. Buildings
in this
heading
storing high hazard contents shall be protected as described and classified in
the section
so
headed.
(100) (101) Story. - The term "story" shall mean that
portion of a building between a
floor
and the floor next above; and shall apply to the basement. The first story
shall be that story
which
is of such height above ground level that it does not come within the
definitions of a
basement
or shall be that story located immediately above a basement. The second story
shall
mean
a story located immediately above the first story and upper stories shall be in
numerical
sequence
accordingly. (See also "Mezzanine.")
(101) (102) Story (First). - The lowermost story entirely above
the grade plane.
(102) (103) Theatre. - The term "theatre" shall mean a
building or part of a building in
which
more than seventy-five (75) persons may assemble in existing buildings and in which fifty
(50)
or more persons may assemble in new building for presentation of a
theatrical stage
performance
or motion picture presentation. All theatres shall comply with applicable
requirements
for places of assembly.
(103) (104) Unit heater. - A factory assembled device designed to
heat and circulate air.
Essential
components are a heat transfer element, housing, and fan with driving motor.
Normally
designed
for free delivery of recirculated air.
(104) (105) Vertical opening. - An opening through a floor or
roof.
(105) (106) Warm air furnace. - A solid, liquid, or gas fired
appliance for heating air to
be
distributed with or without duct systems to the space to be heated.
(106) (107) Winding stairs. - The term "winding stairs"
shall mean a flight of two (2) or
more
steps which, in changing direction, does so by benefit of variance in the width
along each
tread.
This term shall not include such stairs as have treads of uniform width
throughout and
change
direction by benefit of intermediate landings or platforms.
23-28.1-6.
Applicability to new or existing structures. – Unless otherwise
expressly
provided, all All regulations contained in this code apply
to all new structures unless specifically
exempted. Prior to a building permit being issued, all plans
for buildings regulated under this
code shall be submitted to the authority having
jurisdiction. The authority having jurisdiction has
shall fifteen (15) days after submission to review and
approve or disapprove the completed set of
plans within a reasonable time, not to exceed
ninety (90) days. When a change of use or type of
occupancy is made in an existing building, the
building shall conform to the requirements
established by the rehabilitation building and fire
code for existing buildings and structures, or if
the rehabilitation building and fire code for
existing structures is not applicable, to the
requirements for new structures as related to the
proposed use or type of occupancy.
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. In case two (2) or more classes of
occupancy occur in the same building, the most
hazardous occupancy or the class of occupancy
calling for the most stringent requirements for life
safety under the code shall govern the
classification of the entire building, unless
suitable separation or other acceptable fire safety
provisions are afforded by compliance with other
pertinent codes.
(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 with the approval
of the chairperson of the board of appeal and review, has the authority to
summarily abate any
condition which is in violation of any provision
of this code and which presents immediate
danger to life, which 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 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,
which 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 existing
buildings which are deemed to be in compliance with specific provisions
of the code prior to any 1978 amendment are exempt
from the amendment unless there is a
change of occupancy or more than fifty percent (50%)
of the total valuation of the building is to
be changed within a one year period or unless the
rehabilitation building and fire code for existing
buildings and structures is applicable. Those
requirements not met prior to 1978 are subject to the
latest amendment. All new buildings and structures, for
which a building permit is issued on or
after February 20, 2004, 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, 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, such as
sprinklers, fire alarms, emergency lighting and exit
signs, previously required and installed in existing
buildings, shall continue to be required under
the Rhode Island Fire Safety Code and shall be
properly maintained.
SECTION 4. Sections
23-28.2-4, 23-28.2-14, 23-28.2-20 and 23-28.2-21 of the General
Laws in Chapter 28.2 entitled "Division of Fire
Safety" are hereby amended to read as follows:
23-28.2-4.
Duties and responsibilities of state fire marshal. -- The state fire
marshal
shall have the authority to enforce and perform the
duties required by the Fire Safety Code,
chapters 28.1 - 28.39 of this title, and all other
provisions of the general laws and public laws
insofar as such powers and duties relate to fires,
fire prevention, fire protection, fire inspection,
and fire investigation. It shall also be the duty of
the state fire marshal to enforce all laws of this
state in regard to:
(1) The keeping,
storage, use, manufacture, sale, handling, transportation, or other
disposition of explosives and inflammable materials.
(2) Conducting and
supervising fire safety inspections of all buildings regulated by the
code within the state.
(3) It shall be the
duty of the state fire marshal and his or her deputies to certify to any
state or federal agency whether or not any building
covered satisfies the requirements of chapters
28.1 - 28.39 of this title.
(4) It shall the
duty of the fire marshal to plan for and oversee the comprehensive,
professional enforcement of the fire safety code.
23-28.2-14.
Enforcement. -- (a) Within the division, there shall be an
enforcement unit
responsible for the initiation of criminal
prosecution of any person(s) in violation of the state Fire
Safety Code or failure to comply with an order to
abate conditions that constitute a violation of
the Fire Safety Code, chapters 28.1 - 28.39 of
this title, and/or the general public laws of the state
as they relate to fires, fire prevention, fire
inspections, and fire investigations. This unit will
consist of the state fire marshal, chief deputy
state fire marshal, chief of technical services,
explosive technician, assistant explosive
technicians, and the arson investigative staff, each of
whom must satisfactorily complete at the Rhode
Island state police training academy an
appropriate course of training in law enforcement or
must have previously completed a
comparable course. To fulfill their
responsibilities, this unit shall have and may exercise in any
part of the state all powers of sheriffs, deputy
sheriffs, town sergeants, chiefs of police, police
officers, and constables.
(b) The fire
marshal shall have the power to implement a system of civil enforcement to
achieve compliance with the Fire Safety Code, which
shall include inspections as provided for in
section 23-28.2-20, the issuance of citations in a
form approved by the fire marshal, and the
issuance of formal notices of violation. The Fire
Safety Code Board of Appeal and Review, with
recommendations from the fire marshal, shall by
February 20, 2004, adopt rules establishing, for
those categories of violation of the Fire Safety
Code that can be identified through inspection,
citations requiring correction of the violation
within a reasonable time period. The Fire Safety
Code Board of Appeal and Review shall recommend a
system of penalties for violations subject
to citation for adoption by the general assembly,
which fines would be used for fire prevention
purposes by the jurisdiction that issues the
citation.
23-28.2-20.
Right of entry. – (a) In the discharge of its duties, the
authority having
jurisdiction shall have the authority to enter at
any reasonable hour, any building, structure, or
premises in the state to enforce the provisions of
the Fire Safety Code, chapters 28.1 - 28.39 of
this title. If any owner, occupant, or other person
refuses, impedes, inhibits, interferes with,
restricts, or obstructs entry and free access to
every part of the structure, operation, or premise
where inspection authorized by this code is sought,
the authority having jurisdiction may:
(1) Seek in a court of
competent jurisdiction a search warrant so as to apprise the owner,
occupant, or other person concerning the nature of
the inspection and justification for it, and may
seek the assistance of police authorities in
presenting the warrant; and/or
(2) Revoke or suspend
any license, permit, or other permission regulated under this code
where inspection of the structures, operation or
premises, is sought to determine compliance with
this code.
(3) Enter, examine
or survey at any reasonable time such places as the fire marshal or his
or her designee deems necessary to carry out his or
her responsibilities under any provision of law
subject to the provisions set forth below. For
places of assembly as defined in section 23-28.1-5,
including special amusement building concentrated
occupancy places of assembly, inspections
shall be reasonable during actual hours of maximum
operation, regardless of the time, and such
inspections for special amusement building
concentrated occupancy places of assembly, shall be
conducted at least annually.
(1) For criminal
investigations, the fire marshal shall, pursuant to chapter 5 of title 12,
seek a search warrant from an official of a court
authorized to issue warrants, unless a search
without a warrant is otherwise allowed or provided
by law;
(2) (a) All
administrative inspections shall be conducted pursuant to administrative
guidelines promulgated pursuant to chapter 42-35,
the "Administrative Procedures Act" with
chapter 35 of title 42.
(b) A warrant shall
not be required for administrative inspections if conducted under the
following circumstances, in accordance with the
applicable constitutional standards:
(i) For closely regulated
industries;
(ii) In situations
involving open fields or conditions that are in plain view;
(iii) In emergency
situations;
(iv) In situations
presenting an imminent threat to the environment or public health,
safety or welfare;
(v) If the owner,
operator, or agent in charge of the facility, property, site or location
consents; or
(vi) In other
situations in which a warrant is not constitutionally required.
(c) Whenever it
shall be constitutionally or otherwise required by law, or whenever the
fire marshal in his or her discretion deems it
advisable, an administrative search warrant, or its
functional equivalent, may be obtained by the fire
marshal from a judge or magistrate for the
purpose of conducting an administrative inspection.
The warrant shall be issued in accordance
with the applicable constitutional standards for the
issuance of administrative search warrants.
The administrative standard of probable cause, not
the criminal standard of probable cause, shall
apply to applications for administrative search
warrants.
(i) The need for,
or reliance upon, an administrative warrant shall not be construed as
requiring the fire marshal to forfeit the element of
surprise in his or her inspection efforts.
(ii) An
administrative warrant issued pursuant to this subsection must be executed and
returned within ten (10) days of its issuance date
unless, upon a showing of need for additional
time, the court orders otherwise.
(iii) An administrative
warrant may authorize the review and copying of documents that
are relevant to the purpose of the inspection. If
documents must be seized for the purpose of
copying, and the warrant authorizes such seizure,
the person executing the warrant shall prepare
an inventory of the documents taken. The time, place
and manner regarding the making of the
inventory shall be set forth in the terms of the
warrant itself, as dictated by the court. A copy of
the inventory shall be delivered to the person from
whose possession or facility the documents
were taken. The seized documents shall be copied as
soon as feasible under circumstances
preserving their authenticity, then returned to the
person from whose possession or facility the
documents were taken.
(iv) An
administrative warrant may authorize the taking of samples of materials that
are
part of, or are generated, stored or treated at the
facility, property, site or location. Upon request,
the fire marshal shall make split samples available
to the person whose facility, property, site or
location is being inspected.
(v) Service of an
administrative warrant may be required only to the extent provided for
in the terms of the warrant itself by the issuing
court.
(d) Penalties. Any
willful and unjustified refusal of right of entry and inspection pursuant
to an administrative warrant shall constitute a
contempt of court and shall subject the refusing
party to sanctions, which in the court's discretion
may result in up to six (6) months imprisonment
and/or a monetary fine of up to ten thousand dollars
($10,000) per refusal.
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,
1990 2003 edition, shall be used by the authority
having jurisdiction as the accepted standard
with regard to fire safety regarding any unforeseen
condition.
SECTION 5. Chapter
23-28.2 of the General Laws entitled “Division of Fire Safety,” is
hereby amended by adding thereto the following
section:
23-28.2-20.1
Notices of violation. -- The fire marshal and persons designated
specifically
in writing by the fire marshal shall have the power
to issue notices of violation as herein provided
for, and the powers herein established shall be in
addition to other powers of inspection and
enforcement of the Fire Safety Code provided for in
this title. The fire marshal or authorized
designee of the fire marshal shall have the power to
give notice of an alleged violation of law to
the person responsible therefor whenever the fire
marshal or authorized designee determines that
there are reasonable grounds to believe that there
is a violation of any provision of law within his
or her jurisdiction or of any rule or regulation
adopted pursuant to authority granted to him or her,
unless other notice and hearing procedure is
specifically provided by that law. Nothing in this
chapter shall limit the authority of the attorney
general to prosecute offenders as required by law.
(A) The notice
shall provide for a time within which the alleged violation shall be
remedied, and shall inform the person to whom it is
directed that a written request for a hearing
on the alleged violation may be filed with the fire
safety code board of appeal and review within
ten (10) days after service of the notice. The
notice will be deemed properly served upon a person
if a copy thereof is served him or her personally,
or sent by registered or certified mail to his or
her last known address, or if he or she is served
with notice by any other method of service now
or hereafter authorized in a civil action under the
laws of this state. If no written request for a
hearing is made to the Fire Safety Code Board of
Appeal and Review within ten (10) days of the
service of notice, the notice shall automatically
become a compliance order.
(B) (1) Whenever
the fire marshal or authorized designee determines that there exists a
violation of any law, rule, or regulation within his
or her jurisdiction which requires immediate
action to protect public safety or property, he or
she may, without prior notice of violation or
hearing, issue an immediate compliance order stating
the existence of the violation and the action
he or she deems necessary. The compliance order
shall become effective immediately upon
service or within such time as is specified by the
fire marshal in such order. No request for a
hearing on an immediate compliance order may be
made.
(2) Any immediate
compliance order issued under this section without notice and prior
hearing shall be effective for no longer than
forty-five (45) days, provided, however, that for good
cause shown the order may be extended one additional
period not exceeding forty-five (45) days.
(C) If a person
upon whom a notice of violation has been served under the provisions of
this section or if a person aggrieved by any such
notice of violation requests a hearing before the
Fire Safety Code Board of Appeal and Review within
ten (10) days of the service of notice of
violation, the Board shall set a time and place for
the hearing, and shall give the person requesting
that hearing at least ten (10) days written notice
thereof, unless waived by the requesting person.
After the hearing, the Board may make findings of
fact and shall sustain, modify, or withdraw the
notice of violation. If the Board sustains or
modifies the notice, that decision shall be deemed a
compliance order and shall be served upon the person
responsible in any manner provided for the
service of the notice in this section.
(D) The compliance
order shall state a time within which the violation shall be remedied,
and the original time specified in the notice of
violation shall be extended to the time set in the
order.
(E) Whenever a
compliance order has become effective, whether automatically where no
hearing has been requested, where an immediate
compliance order has been issued, or upon
decision following a hearing, the fire marshal may
institute injunction proceedings in the superior
court of the state for enforcement of the compliance
order and for appropriate temporary relief,
and in that proceeding the correctness of a
compliance order shall be presumed and the person
attacking the order shall bear the burden of proving
error in the compliance order, except that the
fire marshal shall bear the burden of proving in the
proceeding the correctness of an immediate
compliance order. The remedy provided for in this
section shall be cumulative and not exclusive
and shall be in addition to remedies relating to the
removal or abatement of nuisances or any
other remedies provided by law.
(F) Any party
aggrieved by a final judgment of the superior court may, within thirty (30)
days from the date of entry of such judgment,
petition the supreme court for a writ of certiorari to
review any questions of law. The petition shall set
forth the errors claimed. Upon the filing of the
petition with the clerk of the supreme court, the
supreme court may, if it sees fit, issue its writ of
certiorari.
SECTION 6. Sections
23-28.3-1, 23-28.3-3, 23-28.3-3.1, and 23-28.3-5 in chapter 23-
28.3 of the general laws entitled "Fire Safety
Code Board of Appeal and Review" are hereby
amended to read as follows:
23-28.3-1.
Definitions. -- When used in this chapter:
(1)
"Amendment" means any modification or change in the code that shall
be formulated,
adopted, and issued by the board;
(2) "Board"
means the fire safety code board created by this chapter;
(3)
"Building" includes new and existing buildings and facilities, except
private dwellings
occupied by one, two (2), or three (3) families, in
the various cities and towns in this state;
(4) "Code"
means the minimum standard body of rules for fire safety known as the Fire
Safety Code, chapters 28.1 - 28.39 of this title, or
the rehabilitation building and fire code for
existing buildings and structures, chapter 29.1 of
this title;
(5) "Variation or
Variance” means a special limited modification or change in the code
which is applicable only to a particular type of
building, or facility, regulated process or
hazardous activity upon the petition of the person owning the
building or facility, or maintaining
the regulated process or hazardous activity. All
variances shall be in keeping with recognized
national standards. ; and
(6)
“Blanket Variance” is generalized relief from any provision of the fire safety
code
when,
in the opinion of the fire safety code board, these provisions have been
rendered obsolete
and/or
impose an unanticipated, unreasonable hardship upon the general public, and the
board
finds
that the decision to grant a blanket variance will not conflict with the
general objectives of
the
code. All blanket variances shall only be effective until the next code
adoption process
by
the board.
23-28.3-3.
Rules and regulations. -- (a) The state fire safety code board has the
power
to
promulgate, amend, and repeal rules and regulations to safeguard life and
property from the
hazards
of fire and explosives consistent with the provisions of the Fire Safety Code,
chapters
28.1
through 28.39 of this title, and consistent with the rehabilitation building
and fire code for
existing
buildings and structures, chapter 29.1 of this title. The regulations,
amendments, or
repeals
shall be in accordance with standard safe practice as embodied in widely
recognized
standards
of good practice for fire prevention and fire protection. The rules and
regulations
promulgated
by the board, which are known as the state Fire Safety Code, are in effect in
all the
cities,
towns, counties, and political subdivisions in the state. Whenever the
provisions of any
other
statute or local regulation are more stringent or impose higher standards than
the state fire
safety
code, that statute or local regulations will govern, unless it is not
consistent with the state
code
or contrary to recognized standards or good engineering practices. The board
determines the
relative
priority of the regulations.
(b)
Prior to the promulgation, amendment, or repeal of any regulation, the state
fire
safety
code board shall hold a public hearing on the proposed changes, amendments,
notice of
which
hearing shall be published fifteen (15) days before the date of the hearing in a
newspaper
or
newspapers of general circulation throughout the state. A copy of the notice
shall be sent at the
same
time to every city and town clerk and every person, firm, or corporation who
shall have
registered
with the state fire safety code board a request to be so notified. The notice
shall contain
the
time and place of hearing, subjects to be discussed, and shall specify the
place and time at
which
the proposed regulation, amendment, or repeal may be examined.
All rules and regulations
adopted
by the state fire safety code board shall be adopted in accordance with the
Administrative
Procedures
Act (R.I.G.L. 42-35-1 et seq.).
(c)
For the purpose of any public hearing under this chapter, the state fire safety
code
board
has the power to summon witnesses and administer oaths for the purpose of
giving
testimony.
(d)
The board shall provide for reasonable interpretation of the provisions of this
code,
and
rule on appeals from decisions of the fire marshal.
23-28.3-3.1.
Rules and regulations, rehabilitation of existing buildings and
structures.
– The state fire safety
code board has the power to adopt, promulgate, amend, and
repeal
the fire safety code elements of the rehabilitation building and fire code for
existing
buildings
and structures, which shall be administered as a sub-code of the fire safety
code. and
shall
supercede other codes and regulations pertaining to the rehabilitation and
change of use of
existing
buildings and structures, unless the provisions of those other codes and
regulations are
not
inconsistent with the provisions of the rehabilitation building and fire code
for existing
buildings
and structures. 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.
23-28.3-5.
Assistance to building owners -- Petition for variations. -- (a) Any
building
owner,
and/or the operator of any regulated process or hazardous activity, may
consult with the
authority
having jurisdiction for advice and assistance in complying with the provisions
of the fire
safety
code adopted pursuant to chapters 28.1 -- 28.39 and chapter 29.1 of this title,
or any
amendments
to those codes or any codes adopted under them. In case of practical
difficulties, the
authority
having jurisdiction shall refer all requests for variations from particular
provisions of
the
fire safety code adopted pursuant to chapters 28.1 to 28.39 of this title or
any code adopted
under
them to the fire safety code board. All requests for variations from the
particular provisions
of
the fire safety code adopted pursuant to chapter 29.1 of this title shall be
referred to the joint
committee
pursuant to the provisions of section 23-29.1-4. The petitioner shall set forth
in his or
her
petition to the board the grounds or reasons for requesting the variations.
(b)
The board shall fix a day for hearing on the petition and shall give reasonable
notice
of
the hearing to the petitioner and the property owners within two hundred feet
(200') of the
petitioner's
building or structure when, in the board's discretion, it may have an adverse
effect on
neighboring
properties. A properly indexed record of all variations made shall be kept in
the
office
of the state fire marshal and shall be open to public inspection. Any building
owner may
file
a petition for a variance to the board by registered mail, and a hearing date
shall be set by the
board
within thirty (30) days of filing a completed application including a filing
fee, established
in
accordance with the following fee schedule:
(1)
Petitions related to existing covered occupancies, not involving construction,
alteration,
and/or renovation . . . . . $100 filing fee.
(2)
Petitions related to construction, alteration, renovation, and/or conversion or
other
buildings
and structures:
(i)
not more than 8,000 square feet . . . $100 filing fee
(ii)
more than 8,000 square feet but not more than 25,000 square feet . . . $300
filing fee
(iii)
more than 25,000 square feet but not more than 50,000 square feet . . . $500
filing fee
(iv)
more than 50,000 square feet . . . $1,000 filing fee
(3)
Petitions related to maintenance or use of buildings or materials and any
petition not
otherwise
provided for above . . . $100 filing fee.
(4) The term "square feet", as used in this chapter, is the total
floor space and/or storage
capacity
of the subject building or structure, as determined and certified by the state
fire marshal
or
his or her designee, subject to review by the board. The board chairperson may
delegate a
subcommittee
of the board to conduct a hearing and take testimony from the petitioner. The
subcommittee
shall make recommendations to the board as to their findings, and a decision
shall
be
rendered within ten (10) days of the subcommittee's report. If the petitioner
is aggrieved by the
subcommittee's
recommendations, the petitioner has the right of hearing before the entire
board
within
thirty (30) days of the rendered decision.
(c)
The application filing fee income shall be deposited as general revenue.
(d)
The fire safety code board may grant a blanket variance when, in the opinion of
the
fire
safety code board, any specific provision of the fire safety code has been
rendered obsolete
and/or
imposes an unanticipated, unreasonable hardship upon the general public, and
the board
finds
that the decision to grant a blanket variance will not conflict with the
general objectives of
the
code. All blanket variances shall only be effective until the next code
adoption process by the
board.
SECTION
7. Sections 23-28.6-1, 23-28.6-2, 23-28.6-4, 23-28.6-5, and 23-28.6-18, in
chapter
23-28.6 of the general laws entitled "Places of Assembly" are hereby
amended to read as
follows:
23-28.6-1.
Applicability. -- (a) The regulations contained in this chapter shall
apply to
all places of assembly as defined in § 23-28.1-5,
except only such places as are expressly exempt
in accordance with the provisions of this code.
(1) Class A, capacity
one thousand one (1001) persons or more.
(2) Class B, capacity
three hundred one (301) to one thousand (1000) persons.
(3) Class C, capacity
fifty (50) to three hundred (300) persons in new buildings.
(4) Class C,
capacity seventy-six (76) to three hundred (300) persons in existing
buildings.
(b) Fire escapes and
other outdoor stairways, heating, and ventilating facilities, and the
use of electric wiring and appliances, shall be
governed by special articles related thereto.
23-28.6-2.
Egress facilities required - Inspection by owner. -- (a) All places of
assembly shall be provided with approved egress
facilities as determined under the provisions of
section 23-28.6-6.
(b) In places of
assembly which have scheduled activities for recreational, educational,
political, fraternal, social, or amusement purposes,
the owner or management must inspect every
exit from the building not more than ninety (90)
minutes prior to the beginning of any meeting,
concert, etc. If the inspection reveals blocked
exits, the scheduled presentation must not begin
until the exits are cleared and made easily
accessible, assuring the safety and welfare of the
patrons. Any person or entity violating the
provisions of this section shall be fined an amount in
accordance with a schedule of fines approved by the
general assembly not exceeding five
thousand dollars ($5,000) for each offense.
23-28.6-4.
Standing conditions. -- (a) Standing patrons may be allowed, in
approved
waiting areas, in places of assembly at the rate of one
person for each five square feet (5 sq. ft.) of
area available for standing; provided, that aisle
area, except rear cross aisles, shall not be
considered in determining the number of standing
patrons allowed.
(b) The provisions in
this section do not apply to churches and places of worship,
wherein patrons retain their outer clothing for
immediate exit, and where they are confined for a
period not exceeding two (2) hours duration. Only
that part of the building directly accessible to
doors for hasty exit may be used in this manner.
23-28.6-5.
Admissions restricted and supervised. -- (a) Admissions to all places
of
assembly shall be supervised by the responsible
management or by the person or persons
delegated with the responsibility by the management,
and the responsible person shall not allow
admissions in excess of the maximum occupancy as
provided in section 23-28.6-3, provided,
subsections (c), (d), and (e) below do not apply to
churches and places of worship, wherein
patrons retain their outer clothing for immediate
exit, and where they are confined for a period
not exceeding two (2) hours duration. Only those
portions of a building used exclusively for
religious worship are included in this exception.
(b) The maximum
occupancy of all areas shall be conspicuously posted by means of a
sign furnished by the state fire marshal's office.
(c) All Class A places
of assembly shall have one uniformed fire fighter, and any
additional uniformed fire fighters on duty when
deemed necessary by the chief of the local fire
department.
(d) All Class B places
of assembly of less concentrated use shall have a uniformed fire
fighter and any additional uniformed fire fighters
on duty when deemed necessary by the chief of
the local fire department.
(e) All Class B and C
places of assembly of concentrated use shall have one uniformed
fire fighter on duty when deemed necessary by the chief
of the local fire department state fire
marshal or his/her local designee except as provided under
subsection (f) of this section.
The Rhode Island
Fire Safety Code Board of Appeal and Review is hereby directed to
conduct a review of the impact of this subsection
(section 23-28.6-5(e)) upon municipalities, fire
departments and business owners and report its
findings to the General Assembly on or before
January 30, 2004.
(f) All Class B and C
places of assembly of concentrated or less concentrated use being
utilized for activities of unusual hazard, that
would cause the place of assembly to be unsafe,
dangerous or hazardous shall have one uniformed
fire fighter on duty during such activity, and
any additional uniformed fire fighters on duty when
deemed necessary by the chief of the local
fire department unless this requirement is
specifically waived in writing for each such event.
(g) The cost of all
fire fighters on duty under subsections (c) through (f) of this section
shall be borne by the management of the facility.
(h) The above
assigned fire fighter(s) shall be equipped with portable communication
devices which shall be provided for by the local
fire department to allow direct communication to
the dispatcher of the local fire department.
(i) Any person
violating the provisions of this section shall be fined not exceeding five
thousand dollars ($5,000) for each offense.
(j) The provisions
of section 23-28.2-17 shall apply to any fire fighter assigned to a place
of assembly pursuant to this section.
23-28.6-18.
Alarm systems. -- (a) A fire alarm system as prescribed in section
23-28.25-
4(a), and in accordance with requirements adopted
by the fire safety code board of appeal and
review, shall be installed in all Class 'C' places of
assembly.
(b) A fire alarm
system as prescribed in section 23-28.25-4(b) and in accordance with
requirements adopted by the Fire Safety Code Board
of Appeal and Review shall be installed in
all Class 'A' and 'B' places of assembly.
(c) In addition to the
locations prescribed in chapter 28.25 of this title, and in accordance
with requirements adopted by the Fire Safety Code
Board of Appeal and Review, a manual alarm
station shall be installed on every stage and near
any fixed lighting control panel and any
projection booth.
(d) A one hundred
thirty-five degrees (135ø) to one hundred forty degrees (140ø) F. rate
of rise or fixed temperature detector or
detectors approved by the authority having jurisdiction
shall be installed above all stage areas and below
all accessible stage areas and projection booths.
SECTION
8. Chapter 23-28.6 of the General Laws entitled "Places of Assembly"
is
hereby
amended by adding
thereto the following sections:
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 Edition
and its related standards pursuant to the
schedule outlined in subsection (d).
(b) The
requirements of subsection (a) shall not apply to:
(i) Any Class “C”
place of assembly of less concentrated use, exclusively calculated at
fifteen (15) square feet per person;
(ii) Any Class “C”
place of assembly of concentrated use not classified as a “special
amusement building concentrated occupancy place of
assembly”;
(iii) Any Class “C”
place of assembly of concentrated use, classified as a “special
amusement building concentrated occupancy place of
assembly” with a posted maximum
occupancy of less than one hundred fifty (150)
people;
(iv) Any existing
fully alarmed building used exclusively as a place of worship.
(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 Class A and
B places of assembly shall be fully sprinkled in accordance with the
above standards on or before July 1, 2005. All Class
“C” special amusement buildings
concentrated occupancy places of assembly” with a
posted maximum occupancy of one hundred
fifty (150) or more people, shall be fully sprinkled
in accordance with the above standards on or
before July 1, 2006.
(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 sprinklers, when 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.
(f) A Class “C”
place of assembly with an occupancy of one hundred fifty (150) or
greater 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.
23-28.6-22.
Special amusement building concentrated occupancy places of assembly.
– Every special amusement building concentrated
occupancy place of assembly as defined in
section 23-28.1-5 shall comply with 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:
(a) 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. Such fire alarm
systems shall be tested no less than quarterly.
(b) Have sprinklers
in Class C places of assembly of one hundred fifty (150) or greater by
July 1, 2006 and in Class A and B places of assembly
by July 1, 2005; provided, however, that
this requirement shall not apply to fully alarmed
buildings used exclusively as places of worship.
(c) 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.
(d) Have two 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.
(e) Have floor proximity
exit signs for all occupancies greater than one hundred fifty
(150) by February 20, 2005.
(f) Shall provide
an audible announcement of the location of emergency exits prior to
each act or set.
(g) 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.
23-28.6-23.
Prohibited activities in places of assembly. -- (a) Pyrotechnics.
The
storage, handling, use or display of pyrotechnics is
prohibited in all Class B places of assembly,
except as may be authorized below, and in all Class
C places of assembly. Pyrotechnics may be
permitted only in class A places of assembly that
are fully fire alarmed and sprinklered and in
Class B places of assembly that are theatres and are
fully fire alarmed and sprinklered and have
specific advanced approval from the fire marshal, or
his designee, for the use of such
pyrotechnics in accordance with requirements
established by the Fire Safety Code Board of
Appeal and Review.
(b) The use of
decorative or acoustical materials that are not certified, consistent with
NFPA requirements or such other requirements as may
be established by the Fire Safety Code
Board of Appeal and Review is prohibited. Any person
or entity violating the provisions of this
section shall be fined in an amount not exceeding
five thousand dollars ($5,000) for each offense.
SECTION
9. Sections 23-28.11-3, 23.28.11-4. 23-28.11-7, and 23-28.11-9 in chapter 23-
28.11
of the General Laws entitled "Fireworks and Pyrotechnics are hereby
amended to read as
follows:
23-28.11-3.
Permits. 23-28.11-3. Permits for storage, handling, transportation
and
display
of fireworks and pyrotechnics. -- (a) All
storage, handling, transportation and display
of
fireworks shall be in accordance with the National Fire Protection Association
(NFPA)
Standard
1123 entitled “Code for Fireworks Display”, and NFPA Standard 1124 entitled
“Code
for
the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and
Pyrotechnic
Articles”
2003 Edition, and the requirements of this chapter.
(b) All storage,
handling, transportation and display of pyrotechnics shall be in
accordance with the National Fire Protection
Association (NFPA) Standard 1126 entitled
“Standard for the Use of Pyrotechnics before a
Proximate Audience”, and NFPA Standard 1124
entitled “Code for the Manufacture, Transportation,
Storage, and Retail Sales of Fireworks and
Pyrotechnic Articles” 2003 Edition, and the
requirements of this chapter.
(a) (c)
Permits to possess and display commercial fireworks or pyrotechnics shall be
issued by the local fire authority on forms provided
by the state fire marshal.
(b) (d)
No permit to possess and display fireworks or pyrotechnics shall be issued by
the
local fire authority until the applicant has first
obtained a valid certificate of competency from the
state fire marshal. For the purposes of this
chapter, 'pyrotechnics' means a chemical mixture,
including pyrotech-compositions, intended to produce
a visible and/or audible effect by
combustion, deflagration or detonation before a
proximate audience closer than allowed for
outdoor fireworks displays as permitted under this
chapter. All pyrotechnics shall be in
accordance with the requirements of the National
Fire Protection Association Standard 1126,
entitled 'Use of Pyrotechnics Before A Proximate
Audience', 1992 Edition, and the requirements
of this chapter.
23-28.11-4.
Certificate of competency. -- (a) Every person desiring to obtain a
certificate of competency to possess and display
commercial fireworks and/or pyrotechnics shall
make application to the state fire marshal. A fee of
ten dollars ($10.00) shall accompany each
application and shall be for processing the
application and for examination to be given within
ninety (90) days of receipt of application to
determine applicant's experience and ability to
conduct commercial fireworks and/or pyrotechnics
demonstrations. Separate applications,
examinations and certificates shall be issued by the
state fire marshal for fireworks and
pyrotechnics and shall be in such form as the state
fire marshal may require. The examinations
herein provided for shall require the applicant to
demonstrate adequate understanding of
applicable NFPA requirements.
(b) Each applicant
found to be qualified by examination shall forthwith be issued a
certificate of competency upon payment of fifty
dollars ($50.00) and submission of certification
indicating satisfactory completion of psychiatric
examination administered by a qualified
physician within the previous year. All fees
collected pursuant to this section shall be deposited as
general revenue.
23-28.11-5.
Duration -- Expiration -- Renewal -- Duplication. -- Every certificate
issued shall be valid for one year, and shall be
renewable without examination, except as herein
provided, on March first after the original date of issue
upon payment of fifty dollars ($50.00).
Any holder of a certificate whose certificate was
lost, misplaced, or stolen may obtain a duplicate
certificate from the state fire marshal upon payment
of ten dollars ($10.00). No renewal shall be
issued after July 1, 2003, unless the applicant for
the renewal shall demonstrate adequate
familiarity to the satisfaction of the Fire Marshal
with applicable NFPA requirements, which
demonstration may be made by passing an appropriate
examination.
23-28.11-7.
Financial responsibility. -- No permit shall be issued to any applicant
desiring to possess and display fireworks and/or
pyrotechnics until the applicant furnishes to the
local fire authority satisfactory proof of financial
responsibility in an amount not less than fifty
thousand dollars ($50,000) one million
dollars($1,000,000) to satisfy claims for damage to
property or persons resulting from the possession or
use of fireworks and/or pyrotechnics. The
local fire authority may require additional
financial responsibility as he or she may deem
necessary due to existing conditions.
23-28.11-9.
Violations. -- (a) Any person found to be in violation of the
provisions of
this chapter relating to possession of commercial
fireworks or pyrotechnics shall be fined not less
than one hundred ($100) nor more than five hundred
dollars ($500) or imprisoned for not more
than one year. Any person found to be in
violation of the provisions of this chapter relating to use
or display of commercial fireworks or pyrotechnics
shall be guilty of a felony, and shall be fined
not less than one thousand dollars ($1,000), or
imprisoned for not more than five (5) years, or
both.
(b) The state fire
marshal or the fire marshal's deputies or any officer qualified to serve
criminal process may arrest without a warrant any
person found in violation of this chapter and
shall seize immediately any and all of the fireworks
and/or pyrotechnics in illegal use, possession,
or under that person's control, and the fireworks
seized shall upon conviction of the person be
forfeited to the state.
(c) Notice of the
seizure of the fireworks and/or pyrotechnics shall immediately be sent
to the marshal by the officer making the seizure and
the fireworks and/or pyrotechnics seized
shall be held and securely stored by that department
until the marshal or the marshal's authorized
explosives technician takes them into his or her
possession for disposal.
SECTION
10. Section 23-28.25-1 in chapter 23-28.25 of the General Laws entitled
"Fire
Alarm
Systems" is hereby amended to read as follows:
23-28.25-1.
Applicability. -- (a) This chapter and the fire alarm sections of
the several
occupancy chapters which refer to this chapter shall
apply to pertinent new buildings, to buildings
where there is a change of occupancy to one which
will require a fire alarm system, and to
existing buildings which are altered or renovated to
an extent equal to or in excess of fifty percent
(50%) of market value in a one-year period as
determined by a qualified appraiser. Existing
buildings which have a fire alarm system which was
in compliance with the requirements of the
earlier edition of the Fire Safety Code, chapters
28.1 - 28.39 of this title, shall not be required to
comply with this chapter or the fire alarm sections
of the several occupancy chapters which refer
to this chapter.
(b) Existing
buildings which are not in compliance with the fire alarm system
requirements of the earlier edition of the Fire
Safety Code shall be required to install fire alarm
systems in accordance with this chapter and the fire
alarm sections of the several occupancy
chapters. All buildings and facilities covered under the
Fire Safety Code, and all codes adopted
pursuant thereto, 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
11. This act shall take effect upon passage.
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LC03410/SUB
A
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