Chapter
04-225
2004 -- S 2511 SUBSTITUTE A
Enacted 06/30/04
A N A C T
RELATING TO HEALTH AND SAFETY
Introduced By: Senators
Polisena, Lanzi, and Tassoni
Date
Introduced: February 11, 2004
It is enacted by the General
Assembly as follows:
SECTION
1. Sections
23-28.01-5 of the
General Laws in Chapter 23-28.01 entitled
“Comprehensive Fire Safety Act” and sections
23-28.1-2, 23-28.1-3, 23-28.1-4, 23-28.1-5
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:
23-28.01-5.
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 classified as nightclubs and provide this
information on a website, effective
February 20, 2004.
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 annexes, except
as
updated, amended, altered or
deleted and by the addition of certain provisions, as indicated in the
rules and regulations adopted by
the fire safety code board, is hereby adopted as the "Rhode
Island Fire Safety Code". 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 (b)(5) of this section, to permit the cities
and towns
to enact ordinances and orders
relating to fire safety provided those ordinances and orders impose
requirements equal to, additional
to, or more stringent than those contained in this code which
ordinances and orders shall be
effective only upon the approval by rule of the Fire Safety Code
Board of Appeal and Review. Any
ordinance or order relating to fire safety enacted by any city or
town shall be prospective in its
application and shall be enacted after public hearing. The city or
town shall cause printed notices of
the time, place, and subject matter of the hearing to be posted
in three (3) public places in the
city or town, for three (3) weeks next preceding the time of the
hearing, and shall advertise in a
newspaper circulated in the city or town, if any there be, at least
once a week for the same period of
time;
(4)
Jurisdiction for the interpretation of any city or town ordinance or order
relating to
fire safety shall be vested in the
Fire Safety Code Board of Appeal and Review; provided,
however, that the responsibility
for the enforcement of the ordinance or order shall be with the
local authorities and petitions for
variations from the ordinance or order shall be heard by the
state fire safety board of appeal
and review in the manner prescribed in chapter 28.3 of this title;
and
(5)
Notwithstanding anything to the contrary contained herein, no city or town may
enact
any ordinance or order relating to
the requirement for the handling of explosives pursuant to
chapter 28.28 of this title or for
the installation of, or specifications for, the fire alarm sections of
this code, the fire protection
systems as prescribed by chapter 28.25 of this title, or for the
possession and display of
commercial fireworks or pyrotechnics pursuant to chapter 28.11 of this
title, which chapter shall
exclusively govern the requirements for the installation of, and
specification for, fire protection
systems, the handling of explosives and possession and display
of commercial fireworks or
pyrotechnics. All such ordinances or orders relating to the
requirements for the installation
of and specifications for such fire protection systems, the
handling of explosives, or
possession and display of commercial fireworks or pyrotechnics
heretofore enacted by any city or
town are of no force and effect.
(c)
In this code, unless the context otherwise requires:
(1)
Words in the singular number include the plural, and in the plural include the
singular; and
(2)
Words of the masculine gender include the feminine and the neuter and, when the
sense so indicates words of the
neuter gender may refer to any gender.
23-28.1-3.
Codification. -- Specific types of occupancies and General subjects
are
regulated under chapters and to
further facilitate reference each section of each chapter is titled
and in numerical order.
23-28.1-4.
Interpretations -- In this code:
(1)
The titles and headings of chapters shall be deemed to be a part of those
chapters;
provided, however, that the titles
and heading of sections shall not be considered a part thereof.
(2)
Where in this code such terms as "proper", "adequate",
"sufficient", "ample",
"suitable",
"substantial", "necessary", "dangerous", and the
like or derivatives thereof are used,
they shall be understood to mean
proper, adequate, etc., to the satisfaction or in the opinion of the
authority having enforcement
jurisdiction; and such terms as "where practicable", "where
required", "as far as
possible", shall have a like significance.
(3)
Where the term "approved" is used in this code, it shall be
understood to mean "in
accordance with the specific
provisions related to the particular subject as are contained in this
code, or as approved in
particular by the state fire marshal."
23-28.1-5.
Definitions. -- Unless otherwise expressly stated, the following
terms shall,
for the purpose of this 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. Abatement or to
abate a condition. Abatement, or
to abate a condition, is the reduction, decrease, or diminution of
a hazardous condition that
presents immediate danger to life. The term “immediate” denotes that
action is or must be taken
either instantly or without any considerable loss of time. The condition
may be singular or may be a set
of conditions that in combination present an immediate danger to
life. Such 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,
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.
(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" means 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" means 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 (71/3')
above the attic floor is not
more than one-third (1/3) the area of the floor next below.
(7)
(2) Authority having jurisdiction. Unless specifically defined to the
contrary in the
various occupancy chapters this code, the authority having jurisdiction for
the enforcement of this
code shall be the state fire marshal, the deputy fire
marshals, 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" means 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" means 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" means 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" means 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" means a room used by a group of
students to
receive instructions or pursue
studies.
(25)
(3) Code. The term "code" means this Fire Safety Code established
under the
provisions of § 23-28.1-1.
(26)
Combustible. The term "combustible" means that which is not within
the category of
"noncombustible," as
defined in this section of the code.
(4)
Compliance order. For the purposes of this Code, a compliance order is defined
as a
command or direction
authoritatively given to a building owner or occupant to provide
conformance with the Fire Safety
Code. A compliance order takes effect when a building owner
or occupant, after proper
notice, has exhausted his/her administrative appeals or has failed to avail
himself/herself of appropriate
administrative appeals within a reasonable period of time after
receiving proper notice.
(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)
(5) 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" means 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" means 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" means 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" means 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, §§ 23-28.13-27 to 23-
28.13-33, inclusive; provided,
however, that the provisions of § 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" means 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" means 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" means 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 § 23-28.17-7 regardless of the number of
employees.
(60)
Interior finish. (i) The term "interior finish" means 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,
means and includes 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" means 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."
(6)
Nightclub. A place of public accommodation, which in general is characterized
by all
of the following:
(1)
Provides entertainment by a live band or recorded music generating above normal
sound levels.
(2)
Has as its primary source of revenue, in general, the sale of beverages of any
kind for
consumption on the premises
and/or cover charges. Food, if served, is considered a secondary
attraction.
(3)
Has an occupant load in total or in any single area or room of at least 100
patrons.
Nothing
in this definition shall be construed to include any place of public
accommodation or any event
within a place of public accommodation, which is in its nature
distinctly private.
(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 means
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 means
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" means 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" means 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" means 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" means 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 (13/8") 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" means 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.
(96)
Sprinklered. The term "sprinklered" means to be completely protected
by an
approved system of automatic
sprinklers installed and maintained in accordance with N.F.P.A.
Standards.
(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').
(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.
(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.
(100)
Storage building. The term "storage building" means 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.
(101)
Story. The term "story" means 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.")
(102)
Story (First). The lowermost story entirely above the grade plane.
(103)
Theatre. The term "theatre" means a building or part of a building in
which fifty
(50)
or more persons may assemble for presentation of a theatrical stage performance
or motion
picture
presentation. All theatres shall comply with applicable requirements for places
of
assembly.
(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.
(105)
Vertical opening. An opening through a floor or roof.
(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.
(107)
Winding stairs. The term "winding stairs" means 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.
23-28.1-7.
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, has the authority
to summarily abate any condition
which presents immediate danger to life, these conditions shall
include improper management or use
of flammable and combustible materials, liquids and gasses,
pyrotechnics, fireworks or
explosives, malfunctioning automatic sprinklers, fire alarms and
emergency lighting, malfunctioning
heating and electrical systems, and blocked or inadequate
exits or means of egress, and such
other conditions as may be established by the Fire Safety Code
Board of Appeal and Review. A
failure to abate a condition that presents a clear and immediate
danger to life shall be grounds for
the person issuing the order to abate, to require that the
premises be vacated, this action
shall be either authorized by the fire marshal or a designee of the
fire marshal who has been given
advanced written authority by the fire marshal to approve such
actions.
(3)
All new buildings and structures, for which a building permit is issued on or after
February 20, 2004, 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 including but not limited to sprinklers, fire alarms,
emergency lighting, smoke
detectors and exit signs, previously required and installed in existing
buildings, shall continue to be
required under the Rhode Island Fire Safety Code and shall be
properly maintained.
SECTION
2. Sections 23-28.1-8 and 23-28.1-9 of the General Laws in Chapter 23-28.1
entitled “Fire Safety Code –
General Provisions” are hereby repealed.
23-28.1-8.
Maintenance of systems - Vacated buildings. -- (a) Every
required
automatic sprinkler system, fire
detection and alarm system, exit lighting, fire door, and other
items of equipment required by
this code shall be continuously in proper operating condition.
(b)
If any building covered by the provisions of this code should become vacant,
all
required sprinkler systems shall
be maintained in operating condition during the period of time
which the building is vacant.
The chief of the local fire department may waive this requirement
under the following conditions:
(1)
The water supply to the system has been shut off and the system completely
drained.
The system has been inspected by
the local fire department and determined to be in satisfactory
condition.
(2)
The system is equipped with fire department connections which will enable the
local
fire department to supply water
to the system.
(3)
The local fire department has the capability to supply adequate water to the
system
under emergency conditions.
23-28.1-9.
Solid fuel room heaters. -- Solid fuel room heaters manufactured
prior to
January 1, 1981 are not required
to have any label that indicates that they have been tested by any
laboratory (ASME labeling).
Solid fuel room heaters manufactured prior to January 1, 1981 must
meet installation regulations in
effect at the time of manufacture.
SECTION
3. Sections 23-28.2-4, 23-28.2-5, 23-28.2-9, 23-28.2-14, 23-28.2-15, 23-28.2-
20 and 23-28.2-20.1 of the General
Laws in Chapter 23-28.2 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 codes referenced therein are adopted thereunder, 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 and
all codes referenced therein and adopted thereunder.
(4)
It shall the duty of the fire marshal to plan for and oversee the
comprehensive,
professional enforcement of the
fire safety code.
23-28.2-5.
Bomb disposal unit. -- (a) Within the division, there shall be a
bomb
disposal unit whose duties will
be to assist local fire and police authorities in the proper methods
of handling and disposition of
all hazardous devices suspected to be explosive or incendiary in
construction.
(b)
The state fire marshal shall appoint an explosives technician to supervise the
operations of this unit and the
technician must be trained in the field of explosives.
(c)
The marshal shall appoint from local communities volunteer assistant deputy
state
fire marshals to assist in
carrying on the responsibilities of this unit. The volunteers shall be
approved by the local fire or
police chief, and must be properly trained under the supervision of
the explosives technician.
(a)
Within the division, there shall be a bomb disposal unit (bomb squad),
accredited by
the FBI as a bomb squad, whose
duties it will be to handle and dispose of all hazardous devices
suspect to be explosive or
incendiary in construction which includes any weapons of mass
destruction (WMD) that may be
explosive or chemical in construction.
(b)
The State Fire Marshal shall appoint a bomb technician to supervise the
operations of
this unit and the technician
must be certified by the FBI as a bomb technician. The bomb
technician must ensure that all
bomb technicians are trained and maintain certification, the bomb
squad maintains accreditation,
and ensures that all equipment belonging to the bomb squad is
maintained and in operating
condition at all times. The bomb technician must also provide to
cities and towns and local
businesses or any other organizations procedures in bomb threats, and
procedures where explosive
devices or suspect devices are located.
(c)
The State Fire Marshal shall appoint from the local communities volunteer
assistant
deputy state fire marshals, as
bomb squad members only, to assist in carrying on the
responsibilities of this unit.
The volunteers, who must be available for immediate response when
called upon, be available to participate
in training sessions, shall be approved by their local fire or
police chief, and must have
their chief sign an agreement (memorandum of understanding) which
provides for their release
during emergencies and training and assumes liability for any injuries
that may occur to them. All bomb
squad members shall operate only under the direction of the
State Bomb Squad Commander or
senior ranking Deputy State Fire Marshal who is certified as a
bomb technician. The bomb squad
may also request assistance from the local fire and police
authorities when handling any
explosive or incendiary device, WMD or post incident
investigations.
23-28.2-9
Nonsalaried assistant deputy state fire marshals. -- (a) The fire
marshal
may appoint as many nonsalaried
assistant deputy state fire marshals as he or she may deem
necessary to carry out the purposes
of chapters 28.1 - 28.39 of this title; the assistant deputy fire
marshals shall serve at the
pleasure of the state fire marshal.
(b)
The chief of the fire department of the several cities, towns, and fire
districts may be
an assistant deputy fire marshal
subject to the approval of the state fire marshal, and may continue
to serve as an assistant deputy
fire marshal as long as he or she is fire chief.
(c)
Enforcement powers of assistant deputy state fire marshals.
23-28.2-14.
Enforcement. -- (a) Within the division, there shall be an
enforcement unit
responsible for the initiation of
criminal prosecution of or civil proceedings against 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 any rules
or regulations added thereunder 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
§ 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. The
State Fire Marshal shall have the power
to implement a system of
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 formal notices of
violation in accordance with
section 23-28.2-20.1, and the issuance of citations in a form
approved by the State Fire
Marshal and the Chief Judge of the District Court. The State Fire
Marshal, and his or her
designee(s) as outlined in this chapter, may use the above systems of
enforcement individually or in
any combination to enforce the State Fire Safety Code.
(c)
The State Fire Marshal and all persons designated specifically in writing by
the State
Fire Marshal shall have the
power to issue the citations referenced in this chapter.
(d)
The following categories of violation of the Fire Safety Code that can be
identified
through inspection shall be
considered criminal violations of the Fire Safety Code and be subject
to the above issuance of
citations:
(1)
Impediments to Egress:
(A)
Exit doors locked so as to prevent egress.
(B)
Blocked means of egress (other than locking and includes any portion of the
exit
access, exit or exit discharge).
(C)
Marking of exits or the routes to exits has become obstructed and is not
clearly
visible.
(D)
Artificial lighting needed for orderly evacuation is not functioning properly
(this
section does not include
emergency lighting).
(2)
Maintenance:
(A)
Required devices, equipment, system, condition, arrangement, or other features
not
continuously maintained.
(B)
Equipment requiring periodic testing or operation, to ensure its maintenance,
is not
being tested or operated.
(C)
Owner of building where a fire alarm system is installed has not provided
written
evidence that there is a testing
and maintenance program in force providing for periodic testing of
the system.
(D)
Twenty-four hour emergency telephone number of building owner or owner’s
representative is not posted at
the fire alarm control unit or the posted number is not current.
(3)
Fire Department Access and Water Supply:
(A)
The required width or length of a previously approved fire department access
road
(fire lane) is obstructed by
parked vehicles or other impediments.
(B)
Fire department access to fire hydrants or other approved water supplies is
blocked
or impeded.
(4)
Fire Protection Systems:
(A)
Obstructions are placed or kept near fire department inlet connections or fire
protection system control valves
preventing them from being either visible or accessible.
(B)
The owner, designated agent or occupant of the property has not had required
fire
extinguishers inspected,
maintained or recharged.
(5)
Admissions supervised:
(A)
Persons responsible for supervising admissions to places of assembly, and/or
any
sub-classifications thereof,
have allowed admissions in excess of the maximum occupancy posted
by the State Fire Marshal or his
or her designee.
The
terms used in the above categories of violation are defined in the definition
sections
of NFPA 1 and NFPA 101 as
adopted pursuant to section 23-28.1-2 of this title.
(e)
A building owner, responsible management, designated agent or occupant of the
property receiving a citation
may elect to plead guilty to the violation(s) and pay the fine(s)
through the mail within ten (10)
days of issuance, or appear in district court for an arraignment on
the citation.
(f)
Notwithstanding subsection (e) above, all recipients of third or subsequent
citations,
within a sixty (60) month
period, shall appear in district court for a hearing on the citation. If not
paid by mail he, she or it shall
appear to be arraigned on the criminal complaint on the date
indicated on the citation. If
the recipient(s) fails to appear, the district court shall issue a warrant
of arrest.
(g)
The failure of a recipient to either pay the citation through the mail within
ten (10)
days, where permitted under this
section, or to appear in district court on the date specified shall
be cause for the district court
to issue a warrant of arrest with the penalty assessed and an
additional five hundred dollar
($500) fine.
(h)
A building owner, responsible management, designated agent or occupant of the
property who receives the
citation(s) referenced in this section shall be subject to civil fine(s),
which fine(s) shall be used for
fire prevention purposes by the jurisdiction that issues the
citation(s), as follows:
(1)
A fine of two hundred fifty dollars ($250) for the first violation within any
sixty (60)
month period;
(2)
A fine of five hundred dollars ($500) for the second violation within any sixty
(60)
month period;
(3)
A fine of one thousand dollars ($1,000) for the third and any subsequent
violation(s)
within any sixty (60) month
period;
(i)
No citation(s) as defined in this section, shall be issued pursuant to a search
conducted under an
administrative search warrant secured pursuant to section 23-28.2-20(c) of
this code. Any citation
mistakenly issued in violation of this subsection 23-28.2-14(i) shall be
void and unenforceable.
(j)
The District Court shall have full equity power to hear and address these
matters.
(k)
All violations, listed within subsection (d) above, shall further be corrected
within a
reasonable period of time
established by the State Fire Marshal or his or her designee.
23-28.2-15.
Assistance by attorney general - Prosecution of violations. -- The
attorney general, upon request of
the state fire marshal, shall assist upon any investigation of any
fire which, in the opinion of the
state fire marshal, is of suspicious origin, and shall institute and
conduct all prosecutions of persons
charged with arson, burning to defraud, crimes incident to
incendiary fires, and violations of
the provision of the Fire Safety Code, chapters 28.1 through
28.39 of this title and all
codes referenced therein and adopted thereunder.
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 and all codes
referenced therein and adopted thereunder. 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;
(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 § 23-28.1-5,
including special amusement
building concentrated occupancy places of assembly nightclubs,
inspections shall be reasonable shall be visited at least annually and reviewed
for operational
compliance during actual hours of maximum operation, regardless
of the time. and such
inspections for Complete inspections of special amusement
building concentrated occupancy
places of assembly nightclubs, shall be conducted at least
annually.
(4)
For criminal investigations, the fire marshal and the deputy state fire
marshal(s) on his
or her full time staff 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;
(5)
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:
(1)
For closely regulated industries;
(2)
In situations involving open fields or conditions that are in plain view;
(3)
In emergency situations;
(4)
In situations presenting an imminent threat to the environment or public
health, safety
or welfare;
(5)
If the owner, operator, or agent in charge of the facility, property, site or
location
consents; or
(6)
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 authority having jurisdiction in his or her
discretion deems it advisable, an
administrative search warrant, or
its functional equivalent, may be obtained by the fire marshal
authority having jurisdiction 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.
(1)
The need for, or reliance upon, an administrative warrant shall not be
construed as
requiring the fire marshal authority
having jurisdiction to forfeit the element of surprise in his or
her inspection efforts.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
23-28.2-20.1.
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 and/or the
Fire Safety Code Board of Appeal and Review, 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 the time 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) thirty
(30) 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, by the authority having jurisdiction or any other
person having authority to serve
process, 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) thirty (30)
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.
An
immediate compliance order may be appealed to the chairman of the state fire
board,
or his or her designee, for
immediate review. If the chairman upholds the fire marshal, his or her
decision may be appealed to
the fire safety code board at their next scheduled hearing. The final
decision of the board may be
appealed to the district court pursuant to subsection (e). The appeal
to the chairman, the board,
and/or district court shall not operate as an automatic stay of the
immediate compliance order.
(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) thirty (30) 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 unless waived by the requesting
person notice as outlined in section 23-28.3-5 of this
title. 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
district 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. The district court shall have full equity power to hear and
address these matters.
(f)
Any party aggrieved by a final judgment of the superior district 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
4. Sections 23-28.3-5, 23-28.3-7 and 23-28.3-9 of the General Laws in
Chapter 23-28.3 entitled “Fire
Safety Code Board of Appeal and Review” are hereby amended to
read as follows:
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 § 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.
(e)
Any person who violates a final order of the Board, upon proper written
notification,
is deemed guilty of a
misdemeanor, and, upon conviction, is imprisoned for a term not exceeding
one year, or fined not more than
one thousand dollars ($1000) for each offense. The district court
shall have full equity power to
hear and address these matters.
23-28.3-7.
Judicial review of code provisions. -- Any person aggrieved by the
enforcement against him or her of
the Fire Safety Code, chapters 28.1 - 28.39 of this title, any
safety code adopted under this
chapter, or any amendments thereof may, after its effective date,
commence an action in the superior
district court for the county in which the building involved is
located against the state fire
marshal to set aside the code or codes or portion or portions thereof
on the ground that it is unlawful
or unreasonable. The court may set aside the code or codes or
portion or portions thereof if,
upon all the evidence, it appears to the court that the code or codes
or portion thereof is unlawful or
unreasonable.
23-28.3-9.
Violations of chapter or codes. – Unless otherwise specifically
specified in
this code, any building owner or lessee who violates or fails or
refuses to comply with the
provisions of this chapter, the
Fire Safety Code, chapters 28.1 - 28.39 of this title, or any code
adopted by the board, or any lawful
order of the authority having jurisdiction shall be guilty of a
misdemeanor and upon conviction
thereof shall be fined not more than five hundred dollars
($500) or shall be imprisoned for
not exceeding six (6) months, or both so fined and imprisoned
for each offense; and each day the
violation, omission, failure, or refusal continues shall be
deemed a separate offense;
provided, that any person who shall knowingly make, give, or
produce any false statements or
false evidence, under oath, to the authority having jurisdiction or
to the fire safety board, shall be
guilty of perjury. It shall be the duty of the authority having
jurisdiction to enforce the
provisions of this chapter.
SECTION
5. Sections 23-28.5-5, 23-28.5-6 and 23-28.5-7 of the General Laws in
Chapter 23-28.5 entitled
“Inspection of Buildings” are hereby amended to read as follows:
23-28.5-5.
Penalty for hindering inspection. -- Any person refusing to allow
inspections, or hindering or
obstructing the authority having jurisdiction authorized to make an
inspection, in the making of the
same, shall be fined not less than twenty-five two hundred fifty
dollars ($25.00) ($250) nor more than one hundred
thousand dollars ($100) ($1,000) for the
offense.
23-28.5-6.
Appeal to superior court. Appeal to district court. -- (a) Any
person, firm,
or corporation aggrieved by the
decision or order of any fire official may appeal therefrom to the
superior district court, by filing within thirty (30)
days of the order or decision, a sworn petition
in the court, which shall set forth
the grounds upon which the appeal is taken. Notice of the
appeal shall be served on the fire
official who rendered the decision or order by a citation issued
out of the court following the
general course of civil proceedings.
(b)
The petition shall be in order for assignment for hearing on the motion day
which
occurs next after fifteen (15) days
from the filing of the petition.
(c)
The superior district court shall proceed to hear de novo all
questions of law and fact
therein involved as may be
presented by any party in interest, and determine the questions
involved, and decide the merits of
the controversy.
23-28.5-7.
Appeal to supreme court. -- (a) Any person aggrieved by the final
decree in
the superior district
court may appeal to the supreme court on any question of law or equity
decided adversely to the appellant.
The appeal shall follow the general procedure prescribed by
the Workers' Compensation Act,
chapters 29 - 37 of title 28.
(b)
The claim of an appeal shall suspend the operation of any order or decree appealed
from, but, in the case of default
in taking the procedure required, the suspension shall cease, and
the superior district
court upon motion of any party shall proceed as if no claim of appeal has
been made, unless it be made to
appear to the superior district court that the default no longer
exists.
SECTION
6. Sections 23-28.6-1, 23-28.6-2, 23-28.6-3, 23-28.6-4, 23-28.6-6, 23-28.6-7,
23-28.6-8, 23-28.6-9, 23-28.6-10,
23-28.6-11, 23-28.6-12, 23-28.6-13, 23-28.6-14, 23-28.6-15,
23-28.6-16, 23-28.6-17 and
23-28.6-18 of the General Laws in Chapter 23-28.6 entitled “Places
of Assembly” are hereby repealed.
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.
(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.
(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
§ 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.
23-28.6-3.
Maximum occupancy. -- The occupant load permitted in any
assembly
building structure, or portion
thereof, shall be determined by dividing the net floor area or space
assigned to that use by the
square feet per occupant as follows:
(1)
An assembly area of concentrated use without fixed seats such as an auditorium,
gymnasium, church, chapel, dance
floor, and lodge room, seven square feet (7 sq. ft.) per person.
(2)
An assembly area of less concentrated use such as conference rooms, dining
room,
drinking establishments, exhibit
room, or lounge, fifteen square feet (15 sq. ft.) per person.
(3)
Standing room or waiting space, five (5) square feet per person; provided, that
aisle
area, except rear cross aisles,
shall not be considered in determining the number of standing
patrons allowed.
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.
23-28.6-6.
Egress facilities required. -- (a) Each place of assembly shall
have at least
two (2) approved ways of egress,
from each level, remote from each other and providing the best
practicable means of egress in
the event fire renders one exit impassable. Additional approved
egress passages distributed as
uniformly as practicable to effect a rapid discharge of occupants,
shall be provided on the basis
of twenty-two inches (22") of unobstructed horizontal width of the
egress facilities for each one
hundred (100) persons, or fraction thereof, to be accommodated
under conditions of possible
occupancy, as determined under the provisions of subsections (b)
and (c) of this section.
(b)
In determining required egress facilities in places of assembly without fixed
seating,
possible occupancy shall be
computed at the rate of one person for each seven square feet (7 sq.
ft.) of floor area within the
room or combination of rooms under consideration, excluding only
such stages and other permanent
structures and areas as are not intended for patron occupancy.
The rate to be used in places
used for the consumption of food and drink shall be one person for
each fifteen square feet (15 sq.
ft.) of floor area.
(c)
In determining required egress facilities in places of assembly having fixed
seating,
possible occupancy shall be in
accordance with the number of individual seats provided and at the
rate of eighteen inches
(18") in width for each person in bench or bleacher type seating, provided
the total seating shall not
exceed one person for each six square feet (6 sq. ft.) of floor area.
(d)
The entrance openings and passages to a place of assembly measured at the point
of
their last unobstructed width to
the outside, shall be considered as approved width of egress.
(e)
Elevators, revolving doors, and window openings shall not be considered in the
computation of approved egress
facilities.
23-28.6-7.
Egress passageways. -- (a) The distance of travel from any point
within the
place of assembly to an approved
egress opening therefrom shall not exceed one hundred-fifty
feet (150') in nonsprinklered
buildings and two hundred feet (200') in sprinklered buildings.
(b)
Each egress doorway from a place of assembly shall be at the assembly floor
level in
new structures, and as near
thereto as practicable in all existing structures.
(c)
All new doorways and connecting passageways to the outside, to be considered as
means of egress, shall be at
least thirty-six inches (36") in width and at least seventy-eight inches
(78") in height, and of
such greater width as conditions require, except that each leaf of a double
or mullioned door may be not
less than thirty inches (30") wide. All existing doorways and
connecting passageways to the
outside to be considered as means of egress, shall be at least
thirty-two inches (32") in
width and at least seventy-four inches (74") in height.
(d)
All approved means of egress from a place of assembly shall open directly into
the
open air or to an inside
passageway enclosed by material with a fire-resistant rating of not less
than sixty (60) minutes, or an
approved interior stairway, or a combination of both, leading to the
open air, provided one
passageway from each place of assembly may be through an open space or
lobby with ample egress openings
to the outside. The enclosed passageway shall be equal in
width to the most distant exit
opening served thereby and increased by two-thirds (2/3) of the
width of any additional exits
entering thereon, the increase to be made in the direction of exit
travel.
(e)
Doorways leading from a place of assembly through a room or rooms of the same
tenancy may be considered as
approved means of egress, provided the room or rooms lead to the
outside by means of doorways,
approved passageways, or stairways, or a combination of both,
which are completely separate
from other approved means of egress from the place of assembly.
Provision shall be made for a
clear and unobstructed passage through the room or rooms to the
outside.
(f)
Walks of ample width and safe for pedestrian travel shall be provided from each
outside egress opening to a
public street or a suitable area of refuge.
(g)
All egress openings and passageways leading from places of assembly shall be
kept
free from obstructions or
encumbrances or combustibles in storage, or otherwise, at all times and
shall not be through a room used
as a kitchen, bathroom, or for any other purpose that may
obstruct free passage.
23-28.6-8.
Vertical openings. -- (a) (1) Every existing interior stairway
constituting part
of an entrance or egress passage
from a place of assembly shall be enclosed or be segregated from
other portions of the building
by materials with a fire-resistant rating of not less than sixty (60)
minutes. Where interior
stairways constitute the entire means of egress, the stairways shall lead
directly to the outdoors or to
an enclosed passageway leading to the outdoors constructed to resist
fire to the same degree. One
stairway, where necessary, may be allowed to lead through an open
space or lobby with ample egress
openings to the outside. All other vertical openings shall be
closed throughout by material
with a fire resistant rating of not less than sixty (60) minutes.
(2)
Exception. Stairs may be open between balconies and main assembly floors in
churches or auditoriums where
the travel distance, including the length of travel down the stairs,
is within the limits allowed by
the code.
(b)
(1) All vertical openings, stairways, and passages to the outdoors, in new
buildings,
shall be enclosed by material
with a fire-resistant rating of at least two (2) hours.
(2)
Exception. Stairs may be open between balconies and main assembly floors in
churches or auditoriums where
the travel distance, including the length of travel down the stairs,
is within the limit allowed by
the code.
(3)
Elevators will not be considered as approved means of egress, and all new
elevators
shafts shall be enclosed by
non-combustible materials with a fire resistant rating of not less than
two (2) hours, and existing
elevators shall be enclosed by materials with a fire-resistant rating of
not less than sixty (60)
minutes. No opening shall be allowed through the side wall enclosures for
ventilating or other purposes,
except to an outside wall. All doors servicing elevators shall be
Class "B" label one
and one-half (11/2) hour in new elevators, and in existing elevators Class
"B"
label one hour, and the doorways
shall be made smoke-tight when the doors are closed.
(4)
Elevators and elevator shafts shall otherwise be designed, constructed,
maintained,
and ventilated in accordance
with regulations promulgated by the Rhode Island department of
labor and training.
23-28.6-9.
Egress doors. -- (a) All egress doors opening from a place of
assembly or in
a passageway leading therefrom
to the outside of the building shall be so hung as to open in the
direction of exit travel, but
this requirement shall not be construed to prohibit entrance doors
swinging both inward and
outward.
(b)
Egress doors into stairway enclosures and all doors in side wall openings of
enclosed
egress passages shall be
equipped with suitable self-closing doors.
(c)
Doors in walls or partitions required to be fire resistive for one hour shall
be "C"
label three-quarter (3/4) hour
door assemblies. All doors in walls or partitions required to be fire
resistive for two (2) hours
shall be "B" label one and one-half (11/2) hour door assemblies.
(d)
All egress doors leading from a place of assembly with a possible occupancy of
seventy-five (75) or more
persons, and all doors in all new places of assembly shall be equipped
with panic hardware which will
release when normal pressure is applied to the releasing device in
the direction of exit travel.
The releasing device may be a bar or panel extending not less than
two-thirds (2/3) of the width of
the doors and placed not less than thirty inches (30") nor more
than forty-four inches
(44") above the floor. Provided, however, that interior doors not required
to
have a fire resistance rating
and without locking/latching device(s), shall not be required to have
panic hardware.
23-28.6-10.
Stairs and stairways. -- (a) All stairways in places of assembly
and in
passages leading therefrom shall
have suitable handrails on both sides, except such stairs as are
only three feet (3') in width,
which stairs shall have one handrail.
(b)
All existing stairways in approved egress passages shall be provided with
landings at
least thirty inches (30")
in depth between the nosing of the top or bottom stair and the next
parallel partition or door. All
new stairways shall have landings at least forty-four inches (44") in
depth.
(c)
Winding stairs shall not be allowed in approved ways of egress.
(d)
Stair treads in approved inside egress passages in existing structures shall be
not less
than eight inches (8")
wide, exclusive of nosing, and risers shall not exceed eight and one-half
inches (81/2") in height.
In new buildings the stair treads shall be not less than nine and one-half
inches (91/2") wide,
excluding the nosing, and risers shall not exceed seven and three-fourths
inches (73/4") in height.
Treads and risers shall be of uniform width and height in each individual
stairway.
23-28.6-11.
Aisles and seating. -- (a) In each place of assembly where
seating is
provided, except where assembly
is seated at tables, the seating shall be arranged in an orderly
manner with ample provisions
made for aisles leading to exits, and no aisle forming a part of the
egress system of the place of
assembly shall be obstructed or encumbered. No longitudinal aisle
serving seats on one side shall
be less than thirty inches (30") in width, and no aisle serving seats
on both sides shall be less than
thirty-six inches (36") in width and shall be increased one inch
(1") for every five feet
(5') of travel toward main exits according to the number of seats served
thereby. Ample front, rear, or
through-section cross aisles at least thirty-six inches (36") in width
shall be provided where
necessary for access to exit openings. Rows of seats between aisles shall
have not more than fourteen (14)
seats. Rows of seats opening onto an aisle at one end only shall
have not more than seven (7)
seats.
(b)
The spacing of rows of seats from back to back shall be not less than thirty
inches
(30"). There shall be a
space of not less than twelve inches (12") between the back of one seat
and
the front of the seat
immediately behind it as measured between plumb lines. In every place of
public assembly used principally
for the presentation of theatrical performances or exhibitions, all
seats in each row shall be
fastened together and secured firmly to the floor.
(c)
Tables arranged for dining or other purposes in places of assembly shall be so
located
in respect to exit openings, and
so spaced apart, that sufficient means of access to exit openings is
provided. Aisles in the
direction of exits shall be at least three feet (3') in width. Suitable access
to
aisles shall be provided from
all tables.
23-28.6-12.
Exit signs. -- (a) All places of assembly and their means of
egress shall be
provided with exit signs in
accordance with this code. Group type C specified in § 23-28.23-2
shall be required.
(b)
Exit signs shall not be required for places of assembly used exclusively for
religious
purposes.
23-28.6-13.
Emergency lighting. -- (a) All places of assembly and their
means of
egress shall be provided with
emergency lighting in accordance with chapter 28.24 of this title.
(b)
Emergency lighting shall not be required for places of assembly used exclusively
for
religious purposes with a
capacity of less than three hundred (300) persons. When normal
illumination is dependent upon
artificial means, this exception shall not be allowed.
23-28.6-14.
Extinguishing equipment required. -- Places of assembly shall be
provided with proper fire
extinguishing equipment adequate for the area involved and suitably
located. The term
"extinguishing equipment" as used in this section shall not include
automatic
sprinklers. As to type, location
and maintenance, all fire extinguishers shall be in accordance with
N.F.P.A. Standard 10, 1988
edition. For all places of assembly with hood and duct cooking
facilities, an approved fixed
extinguishing system in accordance with N.F.P.A. Standard 96, 1987
edition, shall be provided to
cover hood, duct, fry kettles, and broilers with automatic shutoffs for
energy supply to these units.
23-28.6-15.
Decorative and acoustical material to be flame resistant. --
(a) All
combustible decorative and
acoustical material including curtains, but not including floor
coverings shall be rendered and
maintained flame resistant in accordance with subsection (d).
This regulation shall not be
construed to prohibit the use of wall or ceiling coverings affixed
directly to the wall or ceiling,
which meet the requirements of subsection (e). Furnishings or
decorations of an explosive or
highly flammable character shall not be used.
(b)
No decorative material shall be in direct contact with electrical wiring or
equipment
of any kind, or lighted by
candle or open flame or by other than indirect electrical lighting except
as provided in subsection (c).
(c)
Electric Christmas or holiday lights may be used only on trees, garlands, or
wreaths
that are artificial, made of nonmetallic
material, and are labeled flame resistant by the
manufacturer and are UL or FM
approved. The labels stating the UL or FM approval or flame
resistancy of the artificial
decorations shall not be removed from them. All the lights and power
supplies for the lights shall
meet the following requirements:
(1)
The electric lights that are to be used on the decorations shall be the low
heat and low
voltage type, and must be UL or
FM approved. The electric cords supplying these lights must be
UL or FM approved. The labels
stating the UL or FM approvals shall not be removed from the
lights or cords to be used.
(2)
In-line fuses shall be provided for light sets.
(3)
The circuit providing power directly to or by electric cord to the light set(s)
must be
properly grounded and rated at
not more than fifteen (15) amps.
(4)
Electric cords supplying the light sets shall be the grounded type and shall be
of not
less than fourteen (14) ga.
wire.
(5)
No electric wiring, lights or equipment shall be used on any natural tree,
garland, or
wreath of any kind.
(6)
It shall be the responsibility of the management of the establishment to be
sure that
the lights are properly
installed, and that the supply wires are not placed in such manner as to
create an electrical or fire
hazard, or to be an obstruction to occupants exiting the building.
(7)
The management will be responsible for the care and condition of any lights and
equipment to be used. Any
repairs other than changing the bulbs is prohibited. Defective light
sets and cords will be
discarded.
(d)
(1) All approvals of decorative materials shall be limited to one year. The
owner or
the owner's authorized agent
shall file an affidavit with the enforcing officer certifying to the
following:
(i)
The product used will render the decorative material flame resistant in
accordance
with N.F.P.A. Standard 701, 1989
edition.
(ii)
That the product used was applied in accordance with the manufacturer's
specifications.
(iii)
State the date of treatment and warranty period.
(2)
When a doubt exists as to the fire retardant quality or the permanency of
treatment,
material shall be subject to the
field check test as provided in subsection (d)(3).
(3)
Match Flame Test:
(i)
Samples, in dry condition, are to be selected for tests and are to be a minimum
of one
and one-half inches (11/2")
wide and four inches (4") long. The fire exposure shall be the flame
from a common wood kitchen match
(approximate length 27/16 inches; approximate weight
twenty-nine (29) grams per
hundred), applied for twelve (12) seconds.
(ii)
The test shall be performed in a draft-free and safe location. The sample shall
be
suspended (preferably held with
a spring clip, tongs, or some similar device) with the long axis
vertical, with the flame applied
to the center of the bottom edge, and the bottom edge one-half
inch (1/2") above the
bottom of the flame. After twelve (12) seconds of exposure, the match is to
be removed gently away from the
sample.
(iii)
During the exposure, flaming shall not spread over the complete length of the
sample
or in excess of four inches
(4") from the bottom of the sample (for larger size samples). There
shall be not more than two (2)
seconds of afterflaming. Materials which break and drip flaming
particles shall be rejected if
the materials continue to burn after they reach the floor.
(e)
Interior finish in all places of assembly shall be as regulated or modified by
the
provisions of the description of
interior finish in § 23-28.1-5 and shall not exceed the following
classifications for the
locations indicated:
(1)
In all means of egress Class A.
(2)
In all other rooms or spaces Class C.
(f)
(1) Floor coverings must conform to the requirements of the next class lower
than the
classifications above, but in no
instance should they be less than Class C except that in
sprinklered buildings all floor
coverings may be Class C throughout.
(2)
IN ADDITION: All floor covering referred to in N.F.P.A. Standard 253, 1984
edition
and described as Class I and
Class II in N.F.P.A. Standard 101, 1988 edition may be used on all
floors where combustible floor
coverings are allowed.
23-28.6-16.
Construction material. -- (a) All Class "A" places of
assembly, and other
places of assembly located above
the second story, shall be constructed of non-combustible
material with a fire resistance
rating of not less than two (2) hours.
(b)
All Class "B" places of assembly, not more than two (2) stories in
height shall be
constructed with material
providing not less than one hour protection.
(c)
All Class "C" places of assembly not more than two (2) stories in
height may be of
wood construction.
23-28.6-17.
Housekeeping. -- All places of assembly, egress passages
therefrom, and
adjacent rooms and spaces not
segregated from the place of assembly or passage by closed fire
resistant construction, shall be
kept clean and in tidy condition, and free from combustible debris.
No premises shall contain
storage of flammable liquids or liquefied petroleum gas, and no
cooking or use of open flame or
smoking shall be allowed without adequate provisions for the
protection of the premises and
occupants against fire.
23-28.6-18.
Alarm systems. -- (a) A fire alarm system as prescribed in §
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 § 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 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
7. Sections 23-28.6-5, 23-28.6-21, 23-28.6-22 and 23-28.6-23 of the General
Laws in Chapter 23-28.6 entitled
“Places of Assembly” are hereby amended to read as follows:
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 § 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 with an occupancy load of greater than
one thousand
(1,000) people 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 or the designee of the state
fire marshal in the local fire
department except as provided under subsection (f) of this section.
(d)
All Class B places of assembly, with an occupancy load of greater
than three hundred
(300) up to one thousand (1,000)
people, 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 or the
designee of the state fire marshal in the local fire department.
(e)
All Class B and C places of assembly with occupancy loads of fifty
(50) up to one
thousand (1,000) people of concentrated use shall have one uniformed fire
fighter on duty when
deemed necessary by the chief of
the local fire department or the designee of the state fire
marshal in the local fire
department.
The
Rhode Island Fire Safety Code Board of Appeal and Review is hereby directed to
conduct a review of the impact
of this subsection (§ 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)
On an event-by-event basis, in the absence of an unusual hazard, the chief of
the local
fire department or the designee
of the state fire marshal in the local fire department may waive, in
writing, the fire fighter on
duty requirement of subsections (c) and (e) when the actual occupancy
of a building for a specific
event is substantially lower than the calculated occupancy of the
building.
(f)
(g) All Class B and C places of assembly with occupancy loads
of fifty (50) up to one
thousand (1,000) people of concentrated or less concentrated use being
utilized for activities that
would cause the place of
assembly to be unsafe, dangerous or hazardous of unusual hazard 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 or the designee
of the state fire marshal in the
local fire department unless this
requirement is specifically waived
in writing for each such event.
(g)
(h) 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)
(i) 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)
(j) Any person violating the provisions of this section shall be fined
not exceeding
five thousand dollars ($5,000) for
each offense.
(j)
(k) The provisions of § 23-28.2-17 shall apply to any fire fighter
assigned to a place
of assembly pursuant to this
section.
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 with an occupancy load of
fifty (50) to three hundred
(300) people of less concentrated use, exclusively calculated at
fifteen (15) square feet per
person;
(ii)
Any Class "C" place of assembly with an occupancy load of
fifty (50) to three
hundred (300) people of concentrated use not classified as a "special
amusement building
concentrated occupancy place of
assembly" nightclub;
(iii)
Any Class "C" place of assembly with an occupancy load of
fifty (50) to three
hundred (300) people of concentrated use, classified as a "special
amusement building
concentrated occupancy place of
assembly" nightclub with
a posted maximum occupancy of less
than one hundred fifty (150)
people;
(iv)
Any existing fully alarmed building with a total (complete) coverage
fire alarm
system used exclusively primarily as a place of
worship. For the purposes of this subsection
(b)(iv), incidental business
offices, religious education programs and other programs designed to
watch children during the
limited period of time that their parents or guardians attend religious
services in the building, shall
be allowed in an exempted place of worship. Additionally, for
purposes of this subsection
(b)(iv), the square footage of the area used primarily as a place of
worship shall not be included in
the calculation of the remaining areas of the building to
determine its classification and
the applicability of this section 23-28.6-21. In the event a
building is so calculated and
requires sprinklers, the sprinkler system shall not be extended into
those areas used primarily as a
place of worship of a building with a total (complete) coverage
fire alarm system.
(v)
The open assembly areas in existing unheated buildings used on a seasonal basis
provided the building is
protected by a properly maintained total (complete) fire alarm system
during all periods of occupancy.
(vi)
Student occupied assembly areas, such as auditorium(s), library(s),
cafeteria(s) and
gymnasium(s), within any
existing building, classified as either an educational occupancy, or an
institution of higher education
such as a community college, a college and/or university, that is
protected by a properly
maintained total (complete) fire alarm system. In the event the owner or
management of such a building
plans to use one or more of the above assembly areas, in a
manner inconsistent with the
traditional educational use, for example a community meeting, a
dance or a play, the owner or
responsible management must first consult with the state fire
marshal’s designee, in the local
fire department, and develop a plan of action for such use. The
proposed event shall only be
conducted pursuant to the above plan of action. This exception shall
not apply to any such existing
higher education assembly area(s) used generally for commercial
purposes such as an arena,
restaurant, bar or lounge.
(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 with a maximum occupancy of more
than three
hundred (300) people 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" nightclubs with a posted maximum occupancy of
one hundred fifty (150) or more
people, and up to three hundred
(300) people shall be fully sprinkled in accordance with the
above standards on or before July
1, 2006. For good cause shown, the above deadlines may be
extended by the Fire Safety Code
Board of Appeal & Review. However, in no event shall the
deadlines be extended beyond
July 1, 2008.
(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 fire alarm
systems and/or 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 and up to three hundred
(300) 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. Nightclubs -- Every special amusement building concentrated occupancy place of
assembly nightclub as
defined in § 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. These 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
with an occupancy load of one
hundred fifty (150) up to three hundred (300) people by July 1,
2006 and in Class A and B places of
assembly with an occupancy load of greater than three
hundred (300) people 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 of display
of pyrotechnics is prohibited in all Class B places of assembly,
except as may be authorized below.
Pyrotechnics may be permitted only in class A places of
assembly with an occupancy load
of greater than one thousand (1000) people that are fully fire
alarmed and sprinklered and in Class
B places of assembly with an occupancy load of three
hundred (300) up to one thousand
(1000) people 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
8. Chapter 23-28.7 of the General Laws entitled “Hotels and Motels” is
hereby repealed in its entirety.
CHAPTER
23-28.7
Hotels
and Motels
23-28.7-1.
Applicability. -- (a) The regulations contained in this chapter
shall apply to
all motels and hotels, as
defined in § 23-28.1-5, except such places as are expressly exempt in
accordance with the provisions
of this code.
(b)
Fire escapes and other outdoor stairways, heating, cooking, and ventilating
facilities,
and the use of electric wiring
and appliances shall be covered by special articles related thereto.
23-28.7-2.
Egress facilities required. -- (a) All hotels shall be provided
with approved
egress facilities as required
under the provisions of this code.
(b)
No less than two (2) approved means of egress shall be provided from every
story of
every building, and shall be
located remote from each other, providing the best practicable means
of egress for all guests in the
event fire renders one exit impassable.
(c)
Exits from each floor shall be so arranged that it will not be necessary to
travel more
than one hundred feet (100')
from the door of any guest room, or from any point in a building or
section not divided into rooms,
to reach the nearest approved means of egress from that story. In
buildings which are sprinklered,
this distance may be one hundred fifty feet (150').
23-28.7-3.
Egress passageways. -- (a) Access to all interior and outside
stairways, to
fire escapes, and other exits
considered as approved means of egress shall be unobstructed and
shall not be through a room used
as a bedroom, bathroom, or kitchen, or for any other purpose
that may obstruct free passage,
nor shall access be veiled from open view by ornamentation,
curtains, or other
appurtenances.
(b)
All corridors and passageways in new buildings considered as approved means of
egress, shall be at least sixty
inches (60") in width and eighty-four inches (84") in height, and of
such greater width as conditions
require. All corridors and passageways now existing shall be at
least thirty-two inches
(32") in width and at least seventy-four inches (74") in height in
order to
be considered as approved means
of egress.
(c)
All doorways which are of themselves, or are a part of, approved means of
egress,
shall be at floor level in new
structures, and as near thereto as practicable in existing structures.
Windows shall not be considered
as approved means of egress.
(d)
Passageways from inside stairways to the outside shall have the same fire
resistant
quality as required of the
connecting stairways in accordance with subsection (a) of § 23-28.7-5
and § 23-28.7-7(b).
(e)
All approved egress passageways shall at all times provide free, unobstructed,
and
safe passage to the street or to
a ground area of refuge.
23-28.7-4.
Transoms prohibited. Transoms and other openings in corridors or
passageways shall not be
allowed. Existing transoms and like openings in corridors and
passageways shall be permanently
sealed and made fire-resistant with materials of a sixty (60)
minute fire rating. All opening
devices shall be removed.
23-28.7-5.
Stairways and other vertical openings. -- (a) Every existing interior
stairway constituting approved
egress passage from any story of a hotel shall be enclosed or be
segregated from other portions
of the building by material with a fire-resistant rating of not less
than sixty (60) minutes.
Partitioning at floor levels with materials of the same rating effecting a
closure of the stairway opening
between floors, shall constitute a proper enclosure in the building;
provided, that the basement and
other stories below are segregated from the first story in the same
manner; provided further, that
the partitioning and segregation shall not be required in
sprinklered, noncombustible
buildings connecting three (3) adjacent stories; and provided, that
partitions or segregation shall
not be required for a flight of stairs connecting two (2) adjacent
stories in a noncombustible
building which is not sprinklered. At least one stairway, and
additional stairways where
necessary, shall lead directly to the outdoors or to an enclosed
passageway leading to the
outdoors, constructed to resist fire to the same degree. One stairway,
where necessary, may be allowed
to lead through an open space or lobby with ample egress
openings to the outside.
Corridors leading to sleeping quarters shall be separated by fire doors.
All other vertical openings
throughout the buildings shall be closed by material with a fire-
resistant rating of not less
than sixty (60) minutes. (See subsection b of § 23-28.7-7 for new
construction requirements.)
(b)
(1) Elevators will not be considered as approved means of egress, and all new
elevator and dumbwaiter shafts
shall be enclosed by noncombustible materials with a fire
resistant rating of not less
than two (2) hours, existing elevators shall be enclosed by
noncombustible materials with a
fire resistant rating of not less than sixty (60) minutes. No
opening shall be allowed through
the side wall enclosures for ventilating or other purposes,
except to an outside wall. All
doors servicing elevators shall be Class B label one and one half
(11/2) hour in new elevators,
and in existing elevators Class B, label one hour, and the doorways
shall be made smoke-tight when
doors are closed.
(2)
Elevators and elevator shafts shall otherwise be designed, constructed,
maintained,
and ventilated in accordance
with regulations promulgated by the department of labor and
training.
(c)
All stairways in approved egress passages shall have suitable handrails on both
sides,
except such stairs as are less
than three feet (3') in width, which stairs shall have one handrail.
(d)
Stairways in approved egress passages in existing hotels shall be not less than
thirty-
two inches (32") in width
and not less than seventy-four inches (74") in height and in new
buildings, additions to existing
buildings, or buildings hereafter converted for the purpose of a
hotel, the stairways shall be
not less than forty-four inches (44") in width and not less than ninety-
six inches (96") in height.
(e)
Existing stairways in approved egress passages shall be provided with landings
at
least thirty inches (30")
in depth between the nosing of the top or bottom stair, and the next
parallel partition or door. New
stairways shall have the landings at least forty-four inches (44") in
depth.
(f)
Stair treads in approved inside egress passages in existing structures shall be
not less
than eight inches (8")
wide, exclusive of nosing, and risers shall not exceed eight and one-half
inches (81/2") in height.
In new buildings the stair treads shall be not less than nine and one-half
inches (91/2") wide, and
risers shall not exceed seven and three-fourths inches (73/4") in height.
In all new construction,
stairway nosing shall not be allowed. Treads and risers shall be of
uniform width and height in each
individual stairway.
23-28.7-6.
Egress doors. -- (a) Doors in approved egress passages into
stairways and to
the outside shall be so hung as
to open in the direction of exit travel, but this requirement shall not
be construed to prohibit ground
floor entrance doors swinging both inward and outward. The
doors shall not be so hung as to
obstruct egress passage.
(b)
Doors into required stairway enclosures, all doors serving other vertical
openings,
and doors in side wall openings
in enclosed egress passages, except doors to the outside, shall be
equipped with suitable
self-closing devices, maintained in operating condition. The doors shall
not be equipped with devices
intended for holding the doors in an open position, and they shall
not be otherwise so held. All
doors herein referred to shall be Class B label, one and one-half
(11/2) hours.
(c)
Doors and jambs in walls or partitions required to be fire-resistant shall be
equally
fire-resistant, and shall be
constructed and maintained close fitting and reasonably smoke-tight.
(d)
Doors in a partition required to be fire-resistant shall in new construction
contain
Class B label one and one-half
(11/2) hour doors and door assemblies. In existing buildings, Class
B one hour rating doors and door
assemblies shall be required.
(e)
Doors in existing approved egress passages shall be not less than thirty-two
inches
(32") in width. When
serving approved egress passages, new doors in existing structures and all
doors in new structures shall be
not less than thirty-six inches (36") in width and seventy-eight
inches (78") in height,
except that each leaf of a double or mullioned door may be not less than
thirty inches (30") wide.
(f)
Egress doors leading to the outside or into an enclosed passageway leading to
the
outside, except doors on the
ground floor normally used for entrance, shall be equipped with
panic hardware which will
release when normal pressure is applied to the releasing device in the
direction of exit travel. The
releasing device may be a bar or panel extending not less than thirty
inches (30") nor more than
forty-four inches (44") above the floor. They shall be kept closed
when not in use.
(g)
Revolving doors shall not be considered as approved means of egress.
23-28.7-7.
Construction. -- (a) Every hotel or motel hereafter constructed,
every
addition hereafter made to any
hotel or motel, and every building hereafter converted for the
purposes of a hotel, shall be of
noncombustible construction if more than three (3) stories above
the basement of any portion of
the motel or hotel building is used or intended for use by guests or
employees.
(b)
All vertical openings, including stairways and passageways to the outdoors, in
all
new buildings, additions to
existing buildings, or buildings hereafter converted for the purpose of
a motel or hotel, shall be
enclosed by material with a fire resistant rating of at least two (2) hours,
except that an enclosure shall
not be required for a flight of stairs in a noncombustible building
when the stairs connect only one
story with one other story immediately above or below it, and
provided that at least one
passageway for each floor of the hotel or motel shall lead directly to the
outdoors by stairways or
passageways, or a combination of both, enclosed completely by fire
resistant material of such
rating. Outside stairways shall not be allowed as approved means of
egress from new hotels or
motels, in accordance with § 23-28.8-1.
23-28.7-8.
Hazardous occupancies. -- No combustible building shall contain a
Class 1,
2, or 3 dry cleaning
establishment as defined in special regulations governing the dry cleaning
establishments, or other
commercial occupancy using flammable liquids, or any other storage of
materials or equipment of high
hazard unless the occupancy is completely segregated from the
hotel or motel premises by
unpierced walls with a fire resistant rating of not less than two (2)
hours, and by ceilings and
floors of material with the same fire resistant rating.
23-28.7-9.
Fire walls and smoke barriers. -- The installation of fire walls
or smoke
barriers, or both, additional to
those specifically required in this code, may be ordered by the
building inspector having
jurisdiction or state fire marshal, upon certification of the proper
inspecting authority that the
same is necessary as a minimum requirement for safety.
23-28.7-10.
Fire-stopping. -- (a) Exterior walls of new or changed frame
construction
and interior stud partitions
shall be fire-stopped at each floor level by a two-inch (2") thick plate
or masonry filling, completely
closing any possible vertical opening from one story to another.
(b)
In existing buildings, exterior walls of frame construction and interior stud
partitions
shall be completely fire-stopped
by a timber of not less than two inches (2") in thickness or other
suitable noncombustible material
completely closing any possible vertical openings, open joist
channels, and stud spaces, at
the ceiling of the basement.
23-28.7-11.
Exit signs. -- All hotels and motels shall be provided with exit
signs in
accordance with chapter 28.23 of
this title; group type C, as specified in § 23-28.23-2 shall be
required. Where each guest room
has a direct exit to the outside of the building at ground level no
exit signs shall be required;
provided, however, that all other guest room doors shall have posted
thereon a diagram showing the
direction to all exits on the floor where the room is located.
23-28.7-12.
Emergency lighting. -- All hotels and motels shall be provided
with
emergency lighting in accordance
with chapter 28.24 of this title. Where each guest room has a
direct exit to the outside of
the building at ground level, no emergency lighting shall be required.
23-28.7-13.
Extinguishing equipment required. -- All hotels and motels shall
be
provided with proper fire
extinguishing equipment in accordance with NFPA Standard 10, 1988
edition. The term
"extinguishing equipment" as used in this section shall not include
automatic
sprinklers. (See § 23-28.7-14.)
23-28.7-14.
Sprinklers required. -- (a) All new hotels and motels, every addition
hereafter made to a hotel or
motel, and every building hereafter converted for the purposes of a
hotel or motel, shall be
completely protected by an approved system of automatic sprinklers
installed and maintained in
accordance with N.F.P.A. Standard 13, 1989 edition, and its related
standards.
(b)
All existing hotels or motels constructed wholly or in part of combustible
materials,
which have sleeping
accommodations for guests or employees above the third story, shall be
completely protected by an
approved system of automatic sprinklers.
23-28.7-15.
Decorative and acoustical material. -- (a) Decorative and
acoustical
materials. All combustible
decorative and acoustical material, including curtains, streamers and
other paper and decorative
materials, but not including floor coverings, located in all corridors,
passageways, and in lobbies and
other rooms or spaces for general guest or public use, shall be
rendered and maintained flame
resistant. This regulation shall not be construed to prohibit the use
of wall or ceiling coverings
affixed directly to the wall or ceiling, provided the surface will not be
readily flammable.
(b)
Limitation of approval. All approvals of decorative materials shall be limited
to one
year. The owner or the owner's
authorized agent shall file an affidavit with the enforcing officer
certifying to the following:
(1)
The product used will render the decorative material flame resistant in
accordance
with N.F.P.A. Standard 701, 1989
edition.
(2)
That the product used was applied in accordance with manufacturer's
specifications.
(3)
State the date of treatment and warranty period.
(c)
When a doubt exists as to the fire retardant quality or the permanency of
treatment,
material shall be subject to the
field check test as provided in subsection (d).
(d)
Field test: match flame test. (1) Samples, in dry condition, are to be selected
for tests
and are to be a minimum of one
and one half inch (11/2") wide and four inches (4") long. The fire
exposure shall be the flame from
a common wood kitchen match (approximate length two and
seven sixteenths inches
(27/16"); approximate weight twenty-nine (29) grams per hundred),
applied for twelve (12) seconds.
(2)
The test shall be performed in a draft-free and safe location. The sample shall
be
suspended (preferably held with
a spring clip, tongs or some similar device) with the long axis
vertical, with the flame applied
to the center of the bottom edge, and the bottom edge one-half
inch (1/2") above the
bottom of the flame. After twelve (12) seconds of exposure, the match is to
be removed gently away from the
sample.
(3)
During the exposure, flaming shall not spread over the complete length of the
sample
or in excess of four inches
(4") from the bottom of the sample (for larger size samples). There
shall be not more than two (2)
seconds of afterflaming. Materials which break and drip flaming
particles shall be rejected if
the materials continue to burn after they reach the floor.
(e)
The interior finish in all hotels and motels shall be as regulated or modified
by the
provisions of the definition of
interior finish in § 23-28.1-5 and shall not exceed the following
classifications for the
locations indicated:
(1)
In all vertical means of egress "Class A."
(2)
In all horizontal means of egress "Class B."
(3)
In all other rooms or spaces "Class C."
(f)
(1) Floor coverings must conform to the requirements of the next class lower
than the
classifications above, but in no
instance should they be less than "Class C," except that in
sprinklered buildings all floor
coverings may be "Class C" throughout.
(2)
IN ADDITION: All floor coverings referred to in N.F.P.A. Standard 253, 1984
edition, and described as Class
I and Class II in N.F.P.A. Standard 101 Life Safety Code, 1985
edition, may be used on all
floors where combustible floor coverings are allowed.
23-28.7-16.
Alarms. -- (a) A fire alarm system as prescribed in §
23-28.25-4(b) shall be
installed in every hotel.
(b)
In ADDITION, a visual alarm signal shall be installed in guest rooms
specifically
designed for persons with
disabilities.
(c)
Rate of rise and one-hundred thirty-five degree (135ø) to one-hundred forty
degree
(140ø) fixed temperature
thermodetector shall be installed in every sleeping room.
(d)
A local single station AC smoke detector shall be installed in each sleeping
room.
(e)
(1) EXCEPTION: Buildings no more than two (2) stories high where each guest
room has a direct exit to the
outside of the building shall have a fire alarm system as prescribed in
§ 23-28.25-4(a).
(2)
In ADDITION: A local single station AC smoke detector shall be installed in
each
sleeping room.
23-28.7-17.
Housekeeping. -- All hotel or motel premises and other
occupancies within
buildings containing hotels or
motels shall be kept clean and in tidy condition, and free from
accumulation of combustible
debris or other waste material.
23-28.7-19.
Exit charts in dormitories. -- There shall be conspicuously
posted in each
room, corridor, and common rooms
of a dormitory used for occupancy, a chart of all exits and
fire escapes, detailing the path
of egress from the room. The college administrator or his or her
designee shall be responsible
for compliance with this section.
SECTION
9. Chapter 23-28.8 of the General Laws entitled “Fire Escapes – Outside
Stairways” is hereby repealed in
its entirety.
CHAPTER
23-28.8
Fire
Escapes-Outside Stairways
23-28.8-1.
Use on new buildings prohibited. -- The use of fire escapes as
approved
means of egress shall not be
allowed on new structures regulated by this code.
23-28.8-2.
Use on existing buildings. -- (a) Fire escapes may be used as
approved
means of egress on existing
buildings only wherever enclosed inside stairways of the required
qualifications are found
impracticable.
(b)
Fire escapes shall not constitute more than fifty percent (50%) of the required
exit
capacity.
23-28.8-3.
Winding stairs. -- Winding stairs, as defined in § 23-28.1-5,
shall not be used
or allowed to continue in use as
any portion of an approved egress passage.
23-28.8-4.
Construction. -- Fire escapes shall be in conformity with
N.F.P.A. Standard
101, 1988 edition, Chapter 5.
23-28.8-5.
Outside stairways. -- Outside stairways shall be in conformity
with N.F.P.A.
Standard 101, 1988 edition,
Chapter 5.
SECTION
10. Chapter 23-28.9 of the General Laws entitled “Heating and
CookingFacilities” is hereby
repealed in its entirety.
CHAPTER
23-28.9
Heating
and Cooking Facilities
23-28.9-1.
"Central heating plants" defined. -- Central heating
plants are fuel fired
heating devices used for heating
a building or an area of a building with the use of external
heating pipes or ducts.
23-28.9-2.
Enclosures for new and existing buildings. -- (a) In new
buildings other
than one, two (2), and three (3)
family houses, boarding homes, child day care centers,
community residences II,
schools, and health care facilities, central heating plants above 160,000
BTU input and all floor mounted
units requiring a non-combustible floor by their listing shall be
in a segregated room, and
installed in accordance with their listing. The walls, floor, and ceiling
of the room shall be fire rated
at no less than that required for the remainder of the building, or
have a one hour fire resistant
rating, whichever is greater. The enclosure shall be located adjacent
to an exterior wall.
(b)
In existing buildings other than one, two (2), and three (3) family houses,
boarding
homes, child day care centers,
community residences II, schools, and health care facilities, central
heating plants above 160,000 BTU
input, and all floor mounted units requiring a non-combustible
floor by their listing, shall be
in a segregated room, and installed in accordance with their listing.
The walls, floor, and ceiling of
the room shall be constructed of material having a one hour fire
resistance rating. All new
enclosures required for a central heating plant shall be located adjacent
to an exterior wall.
(c)
In all buildings covered by the fire code, central heating plants shall not be
located in
attics, or in cellars and
basements with areas less than six feet (6') in height.
(d)
Central heating plants under 160,000 BTU input that do not require installation
in a
fire rated room shall be
installed in accordance with their listing and the manufacturer's
instructions.
23-28.9-3.
Enclosure doors. -- Doorways and other openings through required
furnace
enclosures shall be closed by
doors and jambs of the same fire resistant quality as is required of
the enclosure, so hung as to be
reasonably smoke-tight and equipped with adequate self-closing
devices. The doors and door
assemblies shall be B label one and one-half (11/2) hours in rooms
required to have a two (2) hour
fire rating, and a B label one hour rating in rooms required to
have a one hour fire rating. All
enclosure doors shall swing inward in new construction or new
enclosures.
23-28.9-4.
Oil burners. -- (a) Oil burners shall be equipped with approved
devices for
automatic main flame ignition,
an approved fuel flow interrupting device, pilot or main flame
monitoring, and any other
devices required for the safe operation of that burner. An auxiliary
power interrupting on-off switch
shall be wired to a position remote from the burner and from any
fire danger.
(b)
All other technical aspects of oil burners not specifically in the Rhode Island
fire
code or in this section shall be
in accordance with N.F.P.A. Standard No. 85D, 1984 edition, or
Standard 85A, 1982 edition.
23-28.9-5.
Gas burners. -- (a) Gas burners shall be equipped with approved
devices for
automatic main flame ignition,
pilot or main flame monitoring, and any other devices required for
the safe operation of that
burner. An auxiliary power interrupting on-off switch shall be wired to a
position remote from the burner
and from any fire danger on any burner except those equipped
with self-generating controls.
(b)
All other technical aspects of gas burners not specifically in the Rhode Island
fire
code or in this section shall be
in accordance with N.F.P.A. Standard No. 85B, 1984 edition, or
Standard No. 85D, 1984 edition.
23-28.9-6.
Space heaters. -- (a) Space heaters or above-the-floor devices
for direct
heating of the space in and
adjacent to that in which the device is located without external heating
pipes or ducts shall not be used
in any buildings except such devices which are in accordance
with pertinent requirements
established by the state fire marshal.
(b)
Notwithstanding the limitations set forth in § 23-28.1-2, the rules and
regulations
promulgated by the fire marshal
pursuant to this section shall apply to private dwellings occupied
by one, two (2), or three (3)
families.
23-28.9-7.
Air vents. -- Furnace rooms or enclosures shall be provided with
an air vent
to the outside sufficient for
proper combustion and exhaust. Additional openings and/or a separate
vent by duct to the close
proximity of oil burners when used may be required to provide air for
proper combustion. The air vents
shall be maintained in an open position by approved mechanical
or fixed devices.
23-28.9-8.
Chimneys and flues. -- (a) Furnaces, boilers, and other fired
units shall be
vented by smoke pipes or other
approved venting material to a chimney constructed of brick,
solid block masonry, or
reinforced concrete, with suitable flue lining or substitute chimney
acceptable to national fire
protection association standards, properly erected and maintained in
safe condition. Provided,
however, that gas heating equipment may be vented into approved type
B or type BW vents in accordance
with the provisions of the national fire protection association
Standards 54, 1988 edition and
211, 1988 edition.
(b)
Special venting arrangements:
(1)
Listed direct vent equipment shall be considered properly vented when installed
in
accordance with the terms of its
listing and the manufacturer's instruction.
(2)
Equipment incorporating integral venting means shall be considered properly
vented
when installed in accordance
with its listing and the manufacturer's instructions and the 1984
edition of N.F.P.A. Standard 54,
or N.F.P.A. Standard 31, 1987 edition.
(3)
Mechanical draft systems shall be installed in accordance with the 1988 edition
of
N.F.P.A. Standard 54.
23-28.9-9.
Cooking appliances. -- (a) Cooking appliances and water heaters
shall be
suitably installed in accordance
with safe practices. All new construction shall be in accordance
with N.F.P.A. Standard 96, 1987
edition.
(b)
All the cooking devices shall be installed upon flooring with a fire resistant
surface.
The surface may be required to
extend beyond the equipment or for the entire room enclosure
when deemed necessary.
(c)
The use of hotplates, coffee makers, toasters, warmers, and similar portable
equipment shall be only in
authorized designated areas.
23-28.9-10.
Extinguishing equipment required. -- As to type, location, and
maintenance, all fire
extinguishers shall be in accordance with N.F.P.A. Standard 10, 1988
edition.
23-28.9-11.
Fire alarm systems. -- Required enclosures containing central
heating
furnaces in combustible and/or
non-sprinklered buildings shall be in compliance with chapter
28.25 of this title.
23-28.9-12.
Removal of oil tank from central heating plant. -- (a) Whenever
a
residential or commercial oil
fired central heating plant ceases to be used due to removal of the
oil tank, the oil tank fill line
must be completely removed, or sealed in a manner that prevents oil
from passing through the line.
Capping the fill line on the exterior is insufficient under this
section.
(b)
The person, firm, or corporation performing the conversion shall be responsible
for
the removal or sealing, and
shall inform the owner of the premises that such removal or sealing is
required by law.
SECTION
11. Chapter 23-28.10 of the General Laws entitled “Health Care Facilities” is
hereby repealed in its entirety.
CHAPTER
10
Health
Care Facilities
23-28.10-1.
"Health care facilities" defined - Standards applicable. --
(a) Health
care facilities shall include
the following:
(1)
Hospitals.
(2)
Skilled nursing facilities.
(3)
Intermediate care facilities.
(b)
Fire safety requirements, for all health care facilities, shall be in
accordance with
N.F.P.A. Standard 101, 1988
edition, chapters 12 and 13, and their related chapters and standards.
(c)
All new health care facilities, every addition hereafter made to a health care
facility,
and every building hereafter
converted for the purpose of a health care facility, shall be
completely protected by an
approved system of automatic sprinklers installed and maintained in
accordance with N.F.P.A.
Standard 13, 1989 edition and its related standards.
23-28.10-2.
Fire alarms. -- A fire alarm system as prescribed in §
23-28.25-4(b) shall be
installed in all health care
facilities.
SECTION 12. Sections 23-28.12-1, 23-28.12-2, 23-28.12-3, 23-28.12-4, 23-28.12-5, 23-
28.12-6, 23-28.12-7, 23-28.12-8, 23-28.12-9, 23-28.12-10, 23-28.12-11, 23-28.12-12, 23-28.12-
13, 23-28.12-14, 23-28.12-16, 23-28.12-17, 23-28.12-18, 23-28.12-19, 23-28.12-20, 23-28.12-
20.1, 23-28.12-20.2, 23-28.12-21, 23-28.12-22, 23-28.12-23, 23-28.12-24, 23-28.12-25, 23-
28.12-26, 23-28.12-27, 23-28.12-28, 23-28.12-29, 23-28.12-30, 23-28.12-31, 23-28.12-32, 23-
28.12-33, 23-28.12-34, 23-28.12-35, 23-28.12-37, 23-28.12-38, 23-28.12-39, 23-28.12-40, 23-
28.12-41 and 23-28.12-42 of the General Laws in Chapter 23-28.12 entitled “Schools” are hereby
repealed.
23-28.12-1.
Applicability. -- (a) The regulations contained in this chapter,
including
without limitation the
provisions of subsection (c), shall apply to all buildings or portions thereof
used in whole or in part for
group instruction or study in any branch or branches of knowledge;
provided however, that these
regulations shall not apply to:
(1)
Existing buildings where the total number of students attending classes does not
exceed seventy-five (75); and
(2)
Buildings which are used primarily for religious services by any church,
synagogue,
or other religious body, and
provided further that smoke detectors have been installed throughout
the building.
(b)
Persons or societies using the buildings described in subsections (a)(1) and
(2) of this
section for school purposes
accept the full responsibility for loss of life or any injuries or damages
occurring therein because of
fire.
(c)
Fire escapes and other outdoor stairways, oil burners, heating, cooking and
ventilating facilities, and the
use of electric appliances shall be in accordance with all other
requirements of this code as
well as with provisions for them in this chapter.
23-28.12-2.
Construction of new buildings and additions to existing buildings.
-- (a)
Buildings more than two (2)
stories in height above the basement or ground shall be as follows:
(1)
Construction shall be noncombustible throughout.
(2)
Stairways shall be enclosed in noncombustible construction having a
fire-resistant
rating of not less than two (2)
hours.
(3)
Corridors shall be enclosed in noncombustible construction having a fire
resistant
rating of not less than sixty
(60) minutes, except as noted in § 23-28.12-9(d), (e), and (f).
(4)
Flooring over accessible spaces which are more than five feet (5' ) in clear
height shall
have a fire-resistant rating of
not less than sixty (60) minutes.
(b)
Buildings one or two (2) stories in height above the basement or ground shall
be as
follows:
(1)
Exterior load bearing walls and/or structural supporting members shall be of
noncombustible construction.
(2)
Stairways shall be enclosed in noncombustible construction having a fire
resistant
rating of not less than sixty
(60) minutes.
(3)
Corridors shall be enclosed in noncombustible construction having a fire
resistant
rating of not less than sixty
(60) minutes, except as noted in § 23-28.12-9(d), (e), and (f).
(4)
Flooring over accessible spaces which are more than five feet (5' ) in clear
height shall
have a fire resistant rating of
not less than sixty (60) minutes.
(c)
Roofs of school buildings shall be covered with roofing which is not readily
flammable and does not carry or
communicate fire.
23-28.12-3.
Heating equipment. -- (a) Central heating plants, steam boilers,
and oil-
fired water heaters shall be
segregated from all other occupancies by noncombustible construction
having a fire-resistant rating
of not less than two (2) hours, and which provides a reasonably
smoke-tight enclosure.
(b)
Enclosures for heating equipment and incinerator enclosures shall be provided
with
adequate vents direct to the
outside, sufficient for proper combustion and exhaust. Ventilating
openings shall be maintained in
an open position by a fixed louvre or mechanical device of an
approved type.
(c)
Heater rooms shall only contain equipment for heating, hot water supply,
switchboard, and shall not be
used for any other purposes.
(d)
Interior doors and door assemblies shall be Class B label one and one half
(11/2)
hour type doors swinging into
the heater room and equipped with a positive self-closing device
without a hold-open device.
(e)
Furnaces, boilers, and other fired units shall be vented by means of reasonably
gas-
tight smokepipes or breechings
connected properly to a chimney constructed of brick, solid block
masonry, or reinforced concrete,
with suitable flue lining, properly erected and maintained in safe
condition.
(f)
Oil burners. See § 23-28.9-4.
(g)
Gas burners. See § 23-28.9-5.
23-28.12-4.
Incinerators - Storage areas - Trash chutes and terminus. --
Certain
spaces shall be segregated from
pupil-occupied spaces, as follows:
(1)
Incinerators within buildings shall be segregated from all other occupancies by
noncombustible construction
having a fire-resistant rating of not less than two (2) hours, with a
Class B label one and one half
(11/2) hour type door and door assembly having a positive closing
device. Access to incinerator
rooms for loading and firing the incinerators will not be permitted
through heater rooms.
(2)
Spaces used for storage of tractors, power mowers, or other equipment having an
internal combustion engine shall
be segregated from all other occupancies by noncombustible
construction having a
fire-resistant rating of not less than two (2) hours and be accessible only
from outside the building.
(3)
Maintenance and storage rooms for maintaining combustible materials shall be
segregated from all other
occupancies by construction having a fire-resistant rating of not less
than one hour in a one or two
(2) story building and not less than two (2) hours in a building of
more than two (2) stories.
(4)
(i) Trash or rubbish chutes shall be enclosed in shafts of masonry construction
having
a fire resistance rating of not
less than two (2) hours. The shaft shall be extended full size through
the roof for a distance of not
less than four feet (4') above the roof and terminate in a smoke and
fire hatch protected by devices
activated by heat, smoke, pressure, or products of combustion to
cause the hatch to open to the
outside in the event of fire or smoke. Normal ventilation for the
dispersal of odors or for other
sanitary reasons shall be in accordance with accepted good
practice. Trash chute tubes
shall be of steel or stainless steel, of adequate gauge taking into
consideration the height of
rise. To minimize the problem of clogging, the area of the intake
opening shall not exceed
seventy-five percent (75%) on a trash or rubbish chute. Side-hinged
intake doors shall open a
minimum of one hundred forty degrees (140ø) and bottom hinged doors
a maximum of fifty-five degrees
(55ø) from the vertical. The throat of the chute shall be double-
sloped and the initial slope
from the tube shall be eighty-three degrees (83ø) from horizontal for a
distance of two inches (2")
back from the vertical drop, and the balance of the throat shall be as
steep as possible.
(ii)
The full rise of trash and rubbish chutes shall be equipped at alternate floor
levels and
at the top of the chute with
approved recessed sprinkler heads, the operation of any of which will
actuate the hatch mechanism
simultaneously. In no case shall a trash chute discharge directly into
an incinerator.
(iii)
Service openings into chutes shall be located within a room, compartment, or
space
segregated from other parts of
the building by masonry wall, floor, and ceiling assemblies having
a fire-resistance rating of not
less than two (2) hours. The rooms, compartments, or spaces shall
be protected by an approved
system of automatic sprinklers.
(iv)
Openings into such rooms, compartments, or spaces shall be protected by Class B
listed and labeled fire doors
installed in listed and labeled frames and equipped with positive self-
closing devices.
(v)
Chute service openings shall be provided with Class B one and one half (11/2)
hour
listed and labeled formed steel
doors of flush design type with frames and latching and closing
mechanisms. These doors shall be
equipped with approved locks and kept locked at all times
when not in use to prevent use
of the chute by other than authorized personnel.
(vi)
Trash or rubbish chutes shall terminate or discharge directly into a room,
compartment, or space segregated
from the incinerator room and from other parts of the building
by masonry wall, floor, and
ceiling assemblies having a fire resistance rating of not less than two
(2) hours, and shall be
protected by an approved system of automatic sprinklers.
(vii)
Openings into chute terminus rooms, compartments, or spaces shall be protected
by
Class B listed and labeled fire
doors installed in listed and labeled frames and equipped with
positive self-closing devices.
(viii)
An adequate length of hand hose connected to a suitable water supply shall be
provided within such rooms,
compartments, or spaces. Any use of this equipment shall actuate
the fire alarm system.
(ix)
The terminal end of the chute shall be protected by a Class B listed and
labeled flush
type door equipped with a
positive self-closing device and kept closed at all times except when
the trash or rubbish is being
discharged into the collection room, when under the supervision of a
competent attendant.
(x)
All trash and rubbish shall be inspected and cleared as often as may be
necessary to
prevent an accumulation of trash
and rubbish within the chute, and under no circumstances shall
an overnight accumulation of
trash or rubbish be permitted.
23-28.12-5.
Elevators and dumbwaiters. -- (a) Elevators will not be
considered as
approved means of egress, and
all new elevator and dumbwaiter shafts shall be enclosed by
noncombustible materials with a
fire resistant rating of not less than two (2) hours, and existing
elevators shall be enclosed by
noncombustible materials with a fire resistant rating of not less
than sixty (60) minutes. No
opening shall be allowed through the side wall enclosures for
ventilating or other purposes,
except to an outside wall. All doors servicing elevators shall be
Class B label one and one half
(11/2) hour in new elevators and in existing elevators Class B label
one hour, and the doorways shall
be made smoke-tight when doors are closed.
(b)
Elevators and elevator shafts shall otherwise be designed, constructed,
maintained,
and ventilated in accordance
with regulations promulgated by the Rhode Island department of
labor and training.
23-28.12-6.
Openings - Ventilation ducts. -- (a) No horizontal interior
opening will be
permitted in any shaft except
for elevator doors, dumb waiter doors, and doors to pipe shafts. Pipe
shafts shall be enclosed with
60-minute fire resistant construction and doors to pipe shafts one
and three-fourths inches
(13/4") thick solid core or noncombustible construction.
(b)
Ventilating ducts shall be in accordance with N.F.P.A. Standard 90A, 1989
edition
and 90B, 1989 edition.
23-28.12-7.
Gymnasiums, auditoriums, and cafeterias. -- Gymnasiums, whether
or not
provided with spectator seating,
auditoriums, and cafeterias are classed as "places of assembly"
and are to be in accordance with
chapter 28.6 of this title.
23-28.12-8.
Exits. -- (a) Each floor level of a school shall have exits or
stairs in
sufficient total width to
fulfill the requirements of § 23-28.12-14 (exit width determination).
(b)
Exits or stairways shall be so located that no doorway of a pupil occupied
space shall
be more than one hundred fifty
feet (150') in a nonsprinklered building and two hundred feet
(200') in a sprinklered building
from one exit or stairway, and so that there is a minimum of two
(2) such stairways or exits from
each story, located as remotely as possible from each other. The
one hundred foot (100')
requirement will be waived only in cases where all pupil occupied areas
have direct means of egress to
the outside.
(c)
All classrooms designed as industrial arts shops shall have two (2) separate
and
distinct means of egress, one of
which shall be direct to the outside or through an adjoining room
and thence to the outside. The
other means of egress may be by common use corridor to the
outside.
(d)
Homemaking kitchens, chemistry laboratories, arts and crafts rooms, and all
classrooms designed to
accommodate fifty (50) or more persons and not exceeding one thousand
square feet (1000 sq. ft.) in
area shall have two (2) separate means of egress, remote as
practicable from each other,
which lead to the common use corridor or to an adjoining room and
thence to the corridor.
(e)
No pockets or dead ends shall be permitted in corridors, except that when all
stairways are enclosed at that
floor level such pockets or dead ends may be permitted when they
do not exceed twenty feet (20')
in length.
(f)
Fire escapes on the exterior of a new building shall not be permitted.
(g)
Where courts occur enclosed on all sides and required exits from rooms or
spaces
exit into the court, an exit
from the court to the exterior perimeter of the buildings shall be
provided. This exit shall be
segregated from all building occupancies by noncombustible
construction having a fire
resistant rating of not less than two (2) hours.
23-28.12-9.
Corridors and egress passageways. -- (a) Corridors used as means
of
egress from pupil-occupied areas
shall be not less than six feet (6') in unobstructed width. This
minimum width shall exist at all
points measured at right angles to the length of the corridor, and
to the nearest point of extended
locker doors, fully opened doors from occupied spaces, drinking
fountains, fire extinguishers,
or other projecting objects. Clear headroom shall be at least seven
feet (7').
(b)
All corridors served by stairs unenclosed at that level and being over three
hundred
feet (300') in length shall be
divided into approximately equal sections not over three hundred feet
(300') in length by smoke
barriers. These barriers shall be similar in construction to the partitions
and doors separating stairways
from corridors, except that fifty percent (50%) of the doors therein
shall swing in each direction.
(c)
Stairs of less than three (3) risers shall not be used in corridor. Ramps shall
be used
for necessary small changes in
level. Where ramps are used, rise shall not exceed one foot (1') per
ten feet (10') of run.
(d)
Where corridor walls of schoolrooms are required to have fire-resistant rating,
transoms or similar openings in
corridor walls of schoolrooms shall not be used except as
follows: glazing of wired glass
in panes not exceeding nine square feet (9 sq. ft.) in area each and
securely mounted in
noncombustible frames or glass blocks set in noncombustible frame and
mortar will be permissible. The
glazing shall be not more than thirty-six inches (36") in height
nor be below four feet (4') from
the finished corridor floor. The total area of such glazing shall
not exceed twenty-five percent
(25%) of the area of a corridor partition of the classroom, the
height being measured from the
corridor side. This does not apply to corridor walls of offices,
cafeterias, or libraries.
(e)
Corridor walls of offices may be constructed of glass unlimited in area and
type.
(f)
Corridor walls of cafeterias and libraries may be constructed of glass
unlimited in
area. The glass, however, shall
be wired glass in panes not to exceed nine square feet (9 sq. ft.)
each in area and set in
noncombustible frames.
(g)
(1) All combustible decorative and acoustical materials, and curtains located
in
corridors, passageways,
stairways, and lobbies, shall be rendered and maintained flame resistant.
This regulation shall not be
construed to prohibit the use of wall or ceiling coverings affixed
directly to the wall or ceiling,
provided the surface will not be readily flammable and will not
carry or communicate fire.
Limitation
of Approval
(2)
All approvals of decorative materials shall be limited to one year. The owner
or the
owner's authorized agent shall
file an affidavit with the enforcing officer certifying to the
following:
(i)
The product used will render the decorative material flame resistant in
accordance
with N.F.P.A. Standard 701, 1989
edition.
(ii)
That the product used was applied in accordance with manufacturer's
specifications.
(iii)
State the date of treatment and warranty period.
When
a doubt exists as to the fire retardant quality or the permanency of treatment,
material shall be subject to the
field check test herein provided.
(3)
Field test: Match flame test. (i) Samples, in dry condition, are to be selected
for tests
and are to be a minimum of one
and one half inches (11/2") wide and four inches (4") long. The
fire exposure shall be the flame
from a common wood kitchen match (approximate length two
and seven sixteenths inches
(27/16"); approximate weight twenty-nine grams (29 gr.) per
hundred), applied for twelve
(12) seconds.
(ii)
The test shall be performed in a draft-free and safe location. The sample shall
be
suspended (preferably held with
a spring clip, tongs, or some similar device) with the long axis
vertical, with the flame applied
to the center of the bottom edge, and the bottom edge one half
inch (1/2") above the
bottom of the flame. After twelve (12) seconds of exposure, the match is to
be removed gently away from the
sample.
(iii)
During the exposure, flaming shall not spread over the complete length of the
sample
or in excess of four inches
(4") from the bottom of the sample (for larger size samples). There
shall be not more than two (2)
seconds of afterflaming. Materials which break and drip flaming
particles shall be rejected if
the materials continue to burn after they reach the floor.
(h)
In all new schools, interior finish shall be as regulated or modified by the
provisions
of the description of interior
finish in § 23-28.1-5 and shall not exceed the following
classifications for the
locations indicated:
(1)
In all vertical means of egress and connecting passages to the outside
"Class A."
(2)
In all access corridors "Class B."
(3)
In all other rooms or spaces "Class C."
(4)
Floor coverings must conform to the requirements of the next class lower than
the
classifications above, but in no
instance should they be less than "Class C," except that in
sprinklered buildings all floor
coverings may be "Class C" throughout.
23-28.12-10.
Doors. -- (a) All doors from pupil occupied spaces, except
toilets, shall
swing in the direction of egress
travel with hinges on jamb nearest to the closest stairway or exit.
Minimum door dimensions shall be
thirty-six inches (36") wide, except that doors in multiple
may be thirty inches (30")
wide.
(b)
Locks on interior doors from all pupil-occupied spaces shall be of the
"schoolhouse
type"; that is, they shall
lock by key only and shall be operative from the inside at all times by the
turning of the knob only.
(c)
No sliding door, vertical-lift door, revolving door, or folding partition shall
be used as
a closure for a required means
of egress; except folding gates may be used to segregate portions
of the building.
(d)
Doors swinging in two (2) directions, known as "double-swing," shall
not be used as
closures for required means of
egress.
(e)
All doors in corridors which are required to be fire resistive for at least
sixty (60)
minutes shall be "C"
label three quarter (3/4) hour door assemblies. The doors may have a vision
panel not to exceed twelve hundred
and ninety-six square inches (1296 sq. in.) and glass
thickness of not less than one
quarter inch (1/4") and wired. Exceptions to this requirement shall
be doors covered in subsection
(i).
(f)
Egress doors from corridors or stairway enclosures, which have locking or
latching
devices, shall have panic
hardware which will permit the door to open with a single motion when
pressure is applied to the
releasing device in the direction of egress travel.
(g)
Where double-leaf doorways are used in stairway enclosures they shall be
equipped
with a mullion or astragal which
will provide reasonably tight closure, but which will not
interrupt a complete
self-closing operation.
(h)
Interior doors to stairways shall provide as a minimum one thirty inch (30')
leaf for
each twenty-two inches
(22") of stairway width.
(i)
Doors and door assemblies from corridors into stair enclosures shall be Class B
label
one and one half (11/2) hour
fire resistant. These doors shall be equipped with suitable self-
closing devices, maintained in
operating condition to keep the doors closed. No such door shall
be equipped with a device for
holding it in an open position. Double-leaf doorways shall be
equipped with a mullion or
astragal which will provide reasonably tight closure, but which will
not interrupt a complete
self-closing operation.
23-28.12-11.
Stairways. -- (a) All required stairways shall lead directly to
an outside
area having unrestricted access
to the exterior perimeter of the building.
(b)
All stairs (and platforms, landings, etc. used in connection therewith) shall
be of
noncombustible construction
throughout. Treads of stairs and landings shall be solid (without
perforations). Handrails are
exempted from the above requirements, also short non-exit stairs
serving stages, platforms, etc.
(c)
There shall be no variation in the depth of treads and the height of risers in
any flight.
Where variation in riser heights
in different flights is necessary because of varying story heights,
the variation shall not exceed
three-sixteenths of an inch (3/16"). All treads shall be not less than
eleven inches (11") in
depth, and risers shall be not more than seven inches (7") in height.
(d)
Treads and landing shall have nonslip surfaces.
(e)
There shall be no occupied spaces, closets, or other storage areas within stair
enclosures. Spaces shall be left
entirely open or shall be entirely enclosed, without door or other
opening into the enclosure.
Access doors to pipe-tunnels and similar nonstorage spaces will be
permitted, provided they are of
sixty (60) minute fire-resistant construction and kept locked.
(f)
No arrangement of treads known as "winders" shall be allowed.
(g)
Where doors open into stairways, there shall be a minimum clearance of eighteen
inches (18") between the
edge of the door in any position and the nosing of a riser.
(h)
All egress stairways shall have suitable handrails on both sides and at center
of stairs
wider than eighty-eight inches
(88"). There shall be no more than sixty inches (60") between
adjacent handrails.
(i)
No stairway shall be less than forty-four inches (44") in width, and no
flight of stairs
shall have a vertical rise of
more than nine feet (9').
(j)
Landings at turns shall be at least forty-four inches (44") in length,
measured along
the line of travel, and eighteen
inches (18") from the inside handrail except that right angle turns
may be made with a square
platform the width of the stairway. Intermediate landings on straight
stairs shall have a length of at
least forty-four inches (44").
(k)
Ramps may be substituted for stairs, provided surfaces are nonslip and rise
does not
exceed one foot (1') in ten feet
(10') of run.
23-28.12-12.
Stairway enclosures. -- (a) Stairways serving one or more
stories above
the first shall be segregated
from corridors at all floor levels, except the uppermost floor.
(b)
Stairways from basements shall be segregated from first floor corridors and
means of
egress by an enclosure.
(c)
The enclosure between stairways and corridors shall be constructed in
compliance
with § 23-28.12-2(a)(2) and
(b)(2).
23-28.12-13.
Stages. -- (a) Auditorium stages having a fly loft or grid above
or below
the structural opening between
the stage and the auditorium, or dressing rooms or storage rooms
on the stage, shall be built of
noncombustible construction throughout. The structure supporting
the stage flooring above the
normal auditorium floor level may be of combustible construction.
Ventilation shall be provided by
means of louvers in the side walls or a smoke and fire hatch
protected by devices activated
by heat, smoke, pressure, or products of combustion to cause the
hatch to open to the outside in
the event of fire or smoke in the roof, having an area equal to at
least ten percent (10%) of the
floor area within the stage walls.
b)
All drapes and scenery shall be rendered and maintained flame resistant,
subject to the
restrictions and testing under §
23-28.6-15.
23-28.12-14.
Exit width. -- Required width of exits and stairs shall be
computed in
accordance with the following:
(1)
Occupancy load calculated on basis of one pupil per twenty square feet (20 sq.
ft.) of
net classroom floor area or one
person per fifty square feet (50 sq. ft.) of net shop or laboratory
area.
(2)
Stair capacity based on sixty (60) persons per unit of exit width twenty-two
inches
(22").
(3)
Capacity of doors based upon ninety (90) persons per unit of exit width.
(4)
Stairs shall provide total aggregate width in 22-inch increments, in accordance
with
the following table:
Number of pupils in area of
greatest occupancy served by stairs Total width
of stairs
120 44”
180 66”
240 88”
300 110”
360 132”
420 154”
480 176”
540 198”
600 220”
660 242”
720 264”
780 286”
(5)
Exits to the outside shall provide one door for each one hundred (100) persons
or
major fraction thereof on that
floor, plus one door for each one hundred (100) persons or major
fraction thereof that required
stairs are designed to accommodate.
(6)
No required exit doorway serving a stairway or corridor shall consist of less
than two
(2) thirty inch (30') leaves.
(7)
Exits required for places of public assembly may, if appropriately located, be
used
jointly as required exits for
ordinary school occupancy where total occupancy of the building at
any one time will not exceed the
largest capacity calculated under either chapter 28.6 of this title
or this chapter.
23-28.12-16.
Exit signs. -- (a) For places of assembly see § 23-28.6-12.
(b)
All schools shall be provided with exit signs in accordance with chapter 28.23
of this
title. Group type C as specified
in § 23-28.23-2 shall be required.
23-28.12-17.
Emergency lighting. -- All schools shall be provided with
emergency
lighting in accordance with
chapter 28.24 of this title.
23-28.12-18.
Housekeeping. -- All school buildings shall be kept clean and in
tidy
condition, and free from
accumulation of combustible debris or other waste material.
23-28.12-19.
Storage of flammable liquids. -- See chapters 28.20 - 28.22 of
this title.
23-28.12-20.
Fire extinguishers. -- Every new school shall be provided with
adequate
fire extinguishers as to type,
location, and maintenance, and all fire extinguishers shall be in
accordance with N.F.P.A.
Standard 10, 1988 edition.
23-28.12-20.1.
Transoms prohibited. -- Transoms and other openings in corridors
or
passageways shall not be
allowed.
23-28.12-20.2..
[Repealed.]
23-28.12-21.
Construction. -- No building, not now a school building, may
hereafter be
converted for school purposes
unless it complies after conversion with the provisions of part I of
this chapter for new buildings,
§§ 23-28.12-1 - 23-28.12-20.1.
23-28.12-22.
Sprinkler requirements. -- (a) All existing school buildings
wholly or in
part of combustible
construction, which have student occupancy above the second story, shall be
protected by a system of
automatic sprinklers, installed and maintained in accordance with
N.F.P.A. Standard 13, 1989
edition and its related standards.
(b)
Buildings having noncombustible construction of 60-minute fire-resistant rating
enclosing all required stairways
and protecting corridors at sides and beneath shall be exempt
from the requirements for
sprinklers.
23-28.12-23.
Heating equipment. -- (a) Central heating plants, steam boilers
and oil-
fired water heaters shall be
segregated from all other occupancies by walls, ceiling, and floor
having a fire resistant rating
of not less than sixty (60) minutes, which shall provide a reasonably
smoke-tight enclosure.
(b)
These enclosures for heating equipment and incinerators shall be provided with
adequate vents direct to the
outside, sufficient for proper combustion and exhaust. Ventilating
openings shall be provided
directly to the outside by fixed or mechanical louvres of an approved
type.
(c)
Heater rooms shall only contain equipment for heating, water supply, and
switchboard, and shall not be
used for any other purpose.
(d)
Interior doors to heater rooms shall open inward and shall be of the same fire
resistancy required for the
segregating partitions, and shall be equipped with a positive self-
closing device. The doors shall
have no hold-open devices, and shall be kept closed at all times.
(e)
Furnaces, boilers, and other fired units shall be vented to a chimney by means
of a
reasonably gastight smoke pipe.
The chimney shall be properly constructed of brick, solid block
masonry, steel, or reinforced
concrete.
(f)
Oil burners. See § 23-28.9-4.
(g)
Space heaters. See § 23-28.9-6.
(h)
Gas burners. See § 23-28.9-5.
23-28.12-24.
Incinerators - Storage areas - Trash chutes. -- (a) Incinerators
within
buildings shall be segregated
from all other occupancies by construction having a fire resistant
rating of not less than sixty
(60) minutes, with a door of the same fire resistancy having a positive
self-closing device.
(b)
Space used for storage of tractors, power mowers, or other equipment having
internal
combustion engines shall be
segregated from all other occupancies by construction having a fire
resistant rating of not less
than one hour and shall be accessible only from outside the building.
(c)
Trash and rubbish chutes not connected directly to an incinerator in
combustible
buildings shall be protected by
automatic sprinklers, and the doors and door assemblies shall be
of not less than Class B label
one hour fire resistant construction, equipped with self-closing
devices; or the shaft shall be
discontinued from use and sealed horizontally at each floor level by
construction equal to the
adjacent floor.
23-28.12-25.
Elevators and dumbwaiters. -- (a) Elevators will not be
considered as
approved means of egress, and
all new elevator and dumbwaiter shafts shall be enclosed by
noncombustible materials with a
fire resistant rating of not less than two (2) hours and existing
elevators shall be enclosed by
noncombustible materials with a fire-resistant rating of not less
than sixty (60) minutes. No
opening shall be allowed through the side wall enclosures for
ventilating or other purposes,
except to an outside wall. All doors servicing elevators shall be
Class B label one and one-half
(11/2) hour in new elevators and in existing elevators Class B
label one hour, and such
doorways shall be made smoke-tight when doors are closed.
(b)
Elevators and elevator shafts shall otherwise be designed, constructed,
maintained,
and ventilated in accordance
with regulations promulgated by the Rhode Island department of
labor and training.
23-28.12-26.
Vertical openings. -- (a) Abandoned ducts, ventilating ducts,
and shafts.
No vertical shaftway shall be
used for storage purposes. Access doors to shaftways shall be sixty
(60) minute fire resistant, and
shall be kept locked.
(b)
Light wells. Open light wells, or other similar openings, within a school
building
shall not be permitted. Any such
openings now existing shall be enclosed vertically at each floor
level with construction having a
fire resistant rating of not less than sixty (60) minutes; except
that such enclosures may contain
panes of quarter-inch (1/4") wired glass not over nine square
feet (9 sq. ft.) each in area,
securely mounted in noncombustible frames; or they may be floored
over horizontally by
construction equal to the adjacent floor.
23-28.12-27.
Gymnasiums, auditoriums and cafeterias. -- Gymnasiums, whether
or
not provided with spectator
seating, auditoriums, and cafeterias are classed as places of assembly,
and are to be in accordance with
chapter 28.6 of this title.
23-28.12-28.
Exits. -- (a) Each floor level of a school shall have two (2)
exits in
sufficient total width to
fulfill the requirements of § 23-28.12-35 (exit width determination).
(b)
Exits or stairs shall be so located that no doorway of a pupil-occupied space
shall be
more than one hundred fifty feet
(150') in nonsprinklered buildings and two hundred feet (200') in
sprinkled buildings from one
such exit or stairway. There shall be a minimum of two (2)
stairways or exits from each
story, located as remotely as possible from each other.
(c)
No pockets or dead ends shall be permitted in corridors, except that when all
stairways are enclosed at each
floor level; pockets or dead-ends may be permitted when they do
not exceed twenty feet (20') in
length.
(d)
Where courts occur which are enclosed on all sides, and the required exits from
rooms or spaces exit into the
courts, an exit from the court to the exterior perimeter of the
building shall be provided. This
exit shall be segregated from all building occupancies by
construction having a fire
resistant rating of not less than sixty (60) minutes.
23-28.12-29.
Corridors and egress passageways. -- (a) Corridors used as a
means of
egress from pupil occupied areas
shall not be less than thirty-six inches (36") in unobstructed
width. Exception is that fire
protection equipment may protrude no more than eight and one half
inches (8 1/2").
(b)
(1) All combustible decorative and acoustical material, and curtains, located
in
corridors, passageways, stairways,
and lobbies, shall be rendered and maintained flame resistant.
This regulation shall not be
construed to prohibit the use of wall or ceiling coverings affixed
directly to the wall or ceiling,
provided the surface will not be readily flammable and will not
carry or communicate fire.
(2)
All approvals of decorative materials shall be limited to one year. The owner
or the
owner's authorized agent shall
file an affidavit with the enforcing officer certifying to the
following:
(i)
The product used will render the decorative material flame resistant in
accordance
with N.F.P.A. Standard 701, 1989
edition.
(ii)
That the product used was applied in accordance with manufacturer's
specifications.
(iii)
State the date of treatment and warranty period.
(3)
When a doubt exists as to the fire retardant quality or the permanency of
treatment,
material shall be subject to the
field check test as provided in subsection (b)(4).
(4)
Field test: Match flame test. (i) Samples, in dry condition, are to be selected
for tests
and are to be a minimum of one
and one half inches (11/2") wide and four inches (4") long. The
fire exposure shall be the flame
from a common wood kitchen match (approximate length two
and seven sixteenths inches
(27/16"); approximate weight twenty-nine grams (29 gr.) per
hundred), applied for twelve
(12) seconds.
(ii)
The test shall be performed in a draft-free and safe location. The sample shall
be
suspended (preferably held with
a spring clip, tongs, or some similar device) with the long axis
vertical, with the flame applied
to the center of the bottom edge, and the bottom edge one half
inch (1/2") above the
bottom of the flame. After twelve (12) seconds of exposure, the match is to
be removed gently away from the
sample.
(iii)
During the exposure, flaming shall not spread over the complete length of the
sample
or in excess of four inches
(4") from the bottom of the sample (for larger size samples). There
shall be not more than two (2)
seconds of afterflaming. Materials which break and drip flaming
particles shall be rejected if
the materials continue to burn after they reach the floor.
(c)
In existing schools, interior finish shall be as regulated or modified by the
provisions
of the description of interior
finish in § 23-28.1-5 and shall not exceed the following
classifications for the
locations indicated:
(i)
All changes of interior finishes in existing schools shall also conform to the
regulations listed below:
(A)
In all vertical means of egress and connecting passages to the outside
"Class A."
(B)
In all access corridors "Class B."
(C)
In all other rooms or spaces "Class C."
(ii)
Floor coverings must conform to the requirements of the next class lower than
the
classifications above, but in no
instance should they be less than "Class C," except that in
sprinklered buildings all floor
coverings may be "Class C" throughout.
23-28.12-30.
Doors. -- (a) All doors from pupil occupied spaces, except
toilets, shall
swing in the direction of egress
travel. Minimum door dimensions shall be not less than thirty-six
inches (36") wide.
(b)
Doors leading from school rooms or pupil-occupied spaces into a hall or
corridor
shall not, during school hours,
be locked, bolted, or secured in any other manner than by a spring
which will readily yield to
pressure from the inside or by the turning of a knob.
(c)
No sliding door, vertical lift door, revolving door, or folding partition shall
be used as
a closure for a required means
of egress, except folding gates may be used to segregate portions
of the building.
(d)
Doors swinging in two (2) directions, known as a double-swing, shall not be
used as
closures for a required means of
egress.
(e)
Egress doors from corridors or stairway enclosures, which have locking or
latching
devices, shall have panic
hardware which will permit the door to open with a single motion when
pressure is applied to the
releasing device in the direction of egress travel.
(f)
Where double-leaf doorways are used in stairway enclosures, they shall be
equipped
with a mullion or astragal which
will provide a reasonably tight closure, but which will not
interrupt a complete
self-closing operation.
(g)
Interior doors to stairways forty-four inches (44") or over in width shall
provide as a
minimum one 30-inch leaf for
each twenty-two inches (22") of stairway width. Where stairs are
less than forty-four inches
(44") in width, a single-leaf door shall be not less than thirty-six
inches
(36") in width.
(h)
All interior doors in stairway enclosures required to have a fire resistant
rating shall
be not less than sixty (60)
minute fire resistant. The doors may be of solid wood planking or built-
up plywood with solid core, not
less than one and three fourths inches (1 3/4") thick. Wired glass
one-fourth inch (1/4")
thick in a single pane, or smaller panes totaling not over six square feet (6
sq. ft.), may be used in such
doors. These doors shall be equipped with suitable self-closing
devices, maintained in operating
condition to keep the doors closed. No door shall be equipped
with a device for holding it in
an open position.
(i)
Any new door installed or existing door changed shall be of a Class B label
door and
door assembly one and one half
(1 1/2) hour fire resistant.
23-28.12-31.
Stairways -- (a) All required egress stairways shall lead
directly to the
outside or to a protected
passageway which connects the stairs directly to the outdoors. These
stairways and protected
passageways shall be enclosed and segregated from other portions of
buildings by materials with a
fire resistant rating of not less than sixty (60) minutes.
(b)
All existing stairways approved as an inside means of egress shall have stair
treads
not less than eight inches
(8") in width, exclusive of nosing, and risers shall not exceed eight and
one half inches (81/2") in
height.
(c)
All stairways in approved egress passages shall be provided with landings at
least
thirty-six inches (36") in
depth between the nosing of the top or bottom stair and the door
opening.
(d)
Winding stairs shall not be allowed in approved means of egress.
(e)
All egress stairways shall have suitable handrails on both sides, and at the
center of
stairs that are wider than
eighty-eight inches (88"). There shall be no more than sixty-six inches
(66") between adjacent
handrails, except stairways less than three feet (3') in width may have but
one handrail. Handrails shall be
attached at a height of between two feet six inches (2'6") and two
feet nine inches (2'9")
vertically above the intersection of the treads and risers.
(f)
There shall be no closets or other storage areas within stair enclosures or
beneath
stairways used for storage
purposes of any kind.
23-28.12-32.
Smoke barriers. -- (a) Stairways serving one or more stories
above the
first shall be segregated from
the corridors at all floor levels, except the uppermost floor, by
means of a smoke barrier.
(b)
Stairways from basements shall be segregated from the first floor corridor and
means
of egress by a smoke barrier.
(c)
The smoke barrier between stairways and corridors shall be constructed of sixty
(60)
minute fire resistant material,
and may have securely mounted wired glass panes not exceeding
nine square feet (9 sq. ft.)
each in area.
(d)
All corridors served by stairs, unenclosed at that level and being over three
hundred
feet (300') in length, shall be
divided into two (2) approximately equal sections by smoke barriers.
The barriers shall be similar in
construction to partitions and doors separating stairways from
corridors, except that fifty
percent (50%) of the doors therein shall swing in each direction.
23-28.12-33.
Fire escapes. -- Fire escapes on existing buildings shall be
maintained in
accordance with chapter 28.8 of
this title.
23-28.12-34.
Drapes and scenery. -- All drapes and scenery shall be rendered
and
maintained flame resistant in
accordance with § 23-28.6-15.
23-28.12-35.
Exit width. -- Required width of exits and stairs or fire
escapes shall be
computed in accordance with the
following:
(1)
Occupancy shall be determined by actual count of pupils or, where this is
impracticable, by assuming one
pupil for forty square feet (40 sq. ft.) of gross floor area, not
including places of assembly
(which are to be computed according to chapter 28.6 of this title).
(2)
Approved egress stairways or fire escapes shall provide a total aggregate width
in 22-
inch increments, in accordance
with the following table:
Number
of pupils in area of greatest occupancy served by stairs Total width
of
stairs
60
22”
120
44”
180
66”
240
88”
300
110”
360
132”
420
154”
480
176”
540
198”
600
220”
660
242”
720
264”
780
286”
(3)
Exit to the outside shall provide one door for each one hundred (100) persons
or
major fraction thereof on that
floor, plus one door for each one hundred (100) persons or major
fraction thereof that required
stairs are designed to accommodate.
(4)
Exits required for places of public assembly may, if appropriately located, be
used
jointly as required exits for
ordinary school occupancy where total occupancy of the building at
any one time will not exceed the
largest capacity calculated under either chapter 28.6 of this title
or this chapter.
23-28.12-37.
Exit signs. -- (a) For places of assembly, see § 23-28.6-12.
(b)
Illuminated type signs bearing the word "Exit" shall be placed at
each exit from a
corridor. Where an exit and/or
its sign is not clearly visible from every point in the corridors
served, an adequate number of
directional signs shall be provided, bearing the word "Exit" and an
arrow pointing in the direction
of the exit.
(c)
Exit and directional signs shall have letters at least six inches (6")
high, with strokes
and arrows at least three
fourths inch (3/4") in width.
(d)
Exit and directional signs shall be illuminated at all times of building
occupancy.
23-28.12-38.
Emergency lighting. -- (a) Adequate artificial lighting shall be
provided
for the lighting of all places
of assembly, corridors, passageways, stairways, ramps, fire escapes,
and other means of egress
leading directly to the outside.
(b)
An automatic, independent, secondary source of power for illumination shall be
provided for the reasonable
lighting of all places of assembly, and the corridors, passageways,
stairways, ramps, fire escapes,
and other means of egress direct to the outside from these places
of assembly. This secondary
lighting system shall be termed herein as emergency lighting.
(c)
Emergency lighting shall not be required for places of assembly which are not
used at
night, or for places which do
not exceed one thousand five hundred square feet (1500 sq. ft.) of
floor area and so located that
at least one exit is direct to the outside and within five feet (5') of
grade.
(d)
Acceptable types of emergency lighting systems are as follows:
(1)
Type A: A unit with attached or remote heads, powered by self-contained or
centrally
located restorable battery
system with 24-hour recovery capacity, wired to circuits supplying
energy for normal lighting in
the areas being protected.
(2)
Type B: An automatically started engine generator set, capable of attaining
full speed
within ten (10) seconds, of the
correct capacity for generating and maintaining the energy
required for the full emergency
illuminated load.
(3)
Type C: A second independent electrical service, as widely separated from the
first as
the available sources allow.
(e)
Wiring of all emergency lighting systems shall be so arranged as to throw on
the
emergency lighting automatically
for all areas of the building that the public has access to, when
the artificial lighting for any
such area fails.
(f)
All wiring for emergency lighting shall be in accordance with the latest
electrical
code, and shall comply in every
respect with accepted standards.
(g)
All emergency lighting systems shall be designed and maintained to provide
illumination of three (3) foot
candle intensity for stairs and exitways and one-foot candle intensity
for other protected areas, for a
period of not less than ninety (90) minutes. Equipment for such
power shall include a push
button voltmeter to indicate battery voltage and self-restoring test
switch. Posted proof of monthly
check inspections shall be maintained.
(h)
Battery system of over fifty (50) volts. In such systems the battery and
charging
equipment shall be housed in a
separate room of noncombustible construction adequately vented
directly to the out-of-doors and
secure against unauthorized entry.
(i)
Generator sets shall be housed in a separate masonry enclosure of 2-hour
fire-resistant
construction with a class B type
door secured against unauthorized entry. The door sill shall be
six inches (6") above the
floor. The room shall be adequately ventilated directly to the out-of-
doors and the exhaust from the
motor shall be installed in accordance with accepted safe
practices.
23-28.12-39.
Housekeeping. -- All school buildings shall be kept clean and in
tidy
condition and free from
accumulation of combustible debris or other waste material.
23-28.12-40.
Storage of flammable liquids. -- See chapters 28.20 - 28.22 of
this title.
23-28.12-41.
Fire extinguishers. -- Every existing school shall be provided
with
adequate fire extinguishers as
to type, location, and maintenance, and all fire extinguishers shall
be in accordance with N.F.P.A.
Standard 10, 1988 edition.
23-28.12-42.
Transoms. -- Existing transoms and like openings in corridors
and
passageways shall be permanently
sealed and made fire-resistant with materials of a sixty (60)
minute fire rating. All opening
devices shall be removed.
SECTION
13. Sections 23-28.12-15 and 23-28.12-36 of the General Laws in Chapter 23-
18.12 entitled “Schools” are
hereby amended to read as follows:
23-28.12-15.
Fire alarm systems. -- (a) A full coverage fire alarm system as
prescribed
in § 23-28.25-4(b) shall be
installed in all educational occupancies.
(b)
In cases where instruction is incidental to some other occupancy, the section
of these
regulations governing the other
occupancy shall apply. Sunday schools or church schools which
are not used for daily classes
throughout the week shall comply with that section of these
regulations dealing with places
of public assembly.
(c)
Alarm horns shall be supplemented by flashing lights marked "FIRE."
(d)
(a) It shall be the duty of the principal or other person in charge
of every public school
or private school or educational
institution within the state, having more than twenty-five (25)
pupils, to instruct and train the
pupils by means of drills, so that they may in a sudden emergency
be able to leave the school
building in the shortest possible time and without confusion or panic.
There shall be fifteen (15) such
drills or rapid dismissals during the school year, at least eight (8)
of which shall be held during the
months of September, October, and November. The remaining
seven (7) drills or rapid
dismissals shall be held at the discretion of the principal or person in
charge of the school. At least four
(4) drills or rapid dismissals shall be obstructed, which means
that one or more exits and
stairways in the school building are blocked off or not used, and at
least two (2) of these obstructed
drills shall be held during the months of September and October.
(e)
(b) Neglect by any principal or any person in charge of any public or
private school or
educational institution to comply
with the provisions of this section shall be a misdemeanor
punishable by a fine not exceeding
fifty dollars ($50.00). Written reports, on forms supplied by
the department of elementary and
secondary education, of each fire drill shall be completed
immediately upon termination of
every drill and shall be available for review by the fire marshal,
assistant deputy fire marshal, or
local fire authority. The fire marshal, assistant deputy fire
marshal, or local fire authority
may require that a fire drill be conducted in his or her presence.
23-28.12-36.
Fire alarm systems - Fire drills - Penalties. -- (a) A fire alarm
system
shall be installed in every
school building.
(b)
The operation of any manual fire alarm sending station or automatic fire
detecting
unit shall cause the
simultaneous operation of all alarm sounding devices continually, until the
tripped station is restored to
normal operation, or the simultaneous operation of all alarm
sounding devices for a complete
cycle of not less than thirty (30) seconds has taken place.
(c)
Alarm sending stations shall be located in each corridor of each story, so that
from
any corridor door not more than
one hundred feet (100') will have to be traversed in order to
reach a sending station.
(d)
All manual sending stations shall be located not more than five feet (5') above
the
floor, and at ready, accessible,
and visible points, which shall not be obstructed. All alarm
sending stations shall be
clearly marked "Fire alarm" and shall be painted a distinctive red
color.
(e)
Automatic fire detectors shall be installed in boiler rooms, kitchens, and
other
hazardous areas where it is
deemed necessary. Automatic fire detectors will not be required in
buildings completely protected
by an automatic sprinkler system or in one-story buildings having
an occupancy of not more than
seventy-five (75) pupils.
(f)
Connections of school fire alarm systems to municipal alarm systems, central
stations, or direct connected
supervised systems shall be located on the outside of the building. If
located in the building, the
alarm sending station shall be designed to sound the school alarm
system when actuated.
(g)
Direct connection shall automatically signal an alarm when activated to the
local
established fire department,
public or volunteer.
(h)
(a)(1) It shall be the duty of the principal or other person in charge
of every public
school or private school or
educational institution within the state, having more than twenty-five
(25) pupils, to instruct and train
the pupils by means of drills, so that they may in a sudden
emergency be able to leave the
school building in the shortest possible time and without
confusion or panic. There shall be
fifteen (15) such drills or rapid dismissals during the school
year, at least eight (8) of which
shall be held during the months of September, October, and
November. The remaining seven (7)
such drills or rapid dismissals shall be held at the discretion
of the principal or person in
charge of the school. At least four (4) drills or rapid dismissals shall
be obstructed, which means that one
or more exits and stairways in the school building are
blocked off or not used and at
least two (2) of these obstructed drills shall be held during the
months of September and October.
(2)
Neglect by any principal or any person in charge of any public or private
school or
education institution to comply
with the provisions of this section shall be a misdemeanor
punishable by a fine of not
exceeding fifty dollars ($50.00).
(3)
Written reports, on forms supplied by the department of elementary and
secondary
education, of each fire drill shall
be completed immediately upon termination of every drill and
shall be available for review by
the fire marshal, assistant deputy fire marshal, or local fire
authority. The fire marshal,
assistant deputy fire marshal, or local fire authority may require that a
fire drill be conducted in his or
her presence.
(i)
New fire alarm systems shall comply with § 23-28.12-15.
SECTION
14. Sections 23-28.13-1 -- 23-28.13-26 of the General Laws in Chapter 23-
28.13 entitled “Boarding Homes”
are hereby repealed.
23-28.13-1.
Applicability - "Boarding homes" defined. -- (a) The
regulations contained
in this chapter shall apply to
all boarding homes as defined in this section, except such places as
are expressly exempt in
accordance with the provisions of this code.
(b)
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 the following: a family group of
a dwelling or home, family day
care homes, licensed boarding homes for children, hospitals,
intermediate care facilities,
and skilled nursing homes.
23-28.13-2.
New constructions and additions. -- Every boarding home
constructed and
every addition made to an
existing boarding home and any building converted for use in whole or
in part for a boarding home,
shall be completely protected by an approved system of automatic
sprinklers installed and
maintained in accordance with N.F.P.A. Standard 13, 1989 edition and its
related standards.
23-28.13-3.
Use of existing boarding homes of combustible construction. -- In
combustible buildings presently
used as boarding homes where any story above the first is being
used, the entire building shall
be completely protected by a system of automatic sprinklers
installed and maintained in
accordance with N.F.P.A. Standard 13, 1989 edition and its related
standards. No building may be
used as a boarding home if it is more than three (3) stories in
height above the basement and of
combustible construction. An unoccupied area immediately
below the roof shall not be
considered as a story in the application of this section.
23-28.13-4.
Other occupancies. -- Boarding home buildings shall not contain
an
occupancy which is not within
the immediate control of the boarding home management, and/or
which is not incident to the
administrative convenience or necessity, or pertinent to public health.
23-28.13-5.
Roofs. -- Roofs of boarding homes shall be covered with roofing
which is
not readily flammable.
23-28.13-6.
Maximum possible occupancy. -- The number of boarders housed in
each
room shall not exceed the rate
of one person for each seventy-five square feet (75 sq. ft.) therein.
The total boarder occupancy for
each story as determined in this manner shall be termed as the
maximum possible occupancy.
23-28.13-7.
Egress facilities required. -- Each story of every building used
as a
boarding home shall have at
least two (2) approved means of egress from each story. Each
boarder-occupied room shall have
at least one doorway opening directly to the outside or to a
corridor leading directly to, or
by stairway, to the outside. Exits shall be located remote from each
other, providing the best
practicable means of egress for all occupants in the event fire renders
one exit impassable.
23-28.13-8.
Egress passageways. -- (a) Corridors and passageways from
boarder-
occupied rooms leading to egress
stairways and then to the outside shall not be less than seventy-
two inches (72") in width
in new buildings or additions to existing buildings and not less than
forty-eight inches (48") in
existing buildings.
(b)
Corridors and passageways considered as approved means of egress shall be at
least
eighty-four inches (84") in
height in existing buildings and ninety-six inches (96") in height in
new buildings.
(c)
Access to all interior and outside stairways, to fire escapes and other exits
considered
as approved means of egress,
shall be unobstructed and shall not be through a bathroom or a room
used for any other purpose that
may obstruct free passage, nor shall access be veiled from open
view by ornamentation, curtains,
or other appurtenances.
23-28.13-9.
Transoms. Transoms and other similar openings in
corridors and
passageways shall not be allowed
in new construction. Existing transoms and like openings in
corridors and passageways shall
be permanently sealed and made fire-resistant equal to the
related door or sidewall
construction.
23-28.13-10.
Vertical openings. -- (a) In all existing buildings, interior
stairways
constituting approved egress
passageways shall be enclosed or segregated from other portions of
the buildings by materials with
a fire-resistant rating of not less than sixty (60) minutes. All other
vertical openings throughout the
buildings shall be enclosed by materials with a fire resistant
rating of not less than sixty
(60) minutes.
(b)
In all new buildings, all vertical openings and stairways shall be enclosed
with
material with a fire resistant
rating of not less than two (2) hours.
23-28.13-11.
Stairways. -- (a) Stairways in approved egress passages in
existing
buildings shall be not less than
thirty-six inches (36") in width, and in new buildings and
additions to existing buildings
the stairways shall be not less than forty-four inches (44") in width
exclusive of handrails.
(b)
All stairways in egress passages shall have suitable handrails on both sides.
(c)
Existing stairways in required egress passages shall be provided with landings
at least
thirty-six inches (36") in
depth between the nosing of the top or bottom riser and the door
openings. New stairways shall
have landings at least forty-four inches (44") in depth.
Intermediate landings shall be
not less than the width of the stairway.
(d)
Stair treads in inside required egress stairways in existing buildings shall be
not less
than eight inches (8") in
width, exclusive of nosing, and risers shall not exceed eight and one-half
inches (8 1/2") in height.
In new buildings such stair treads shall be not less than ten inches (10")
wide, exclusive of nosing, and
risers shall not exceed seven and one-half inches (7 1/2") in height.
Treads and risers shall be of
uniform width and height in each individual stairway run.
(e)
No arrangement of treads known as "winders" shall be allowed in
approved egress
stairways.
(f)
Ramps may be substituted for stairs in new and existing buildings, and the
grade shall
not exceed one foot (1' ) in ten
feet (10' ) of run.
23-28.13-12.
Doors and doorways. -- (a) All doorways which are an approved
means
of egress shall be at floor
level in new structures, and as near thereto as practicable in existing
structures.
(b)
All egress doors to the outside or into stairways or passages leading to the
outside
shall open out in the direction
of egress travel, but this regulation shall not be construed as
requiring doors from
boarder-occupied rooms to open into corridors. There shall be no
obstruction at any time to the
opening or closing of egress doors.
(c)
All egress doors in existing buildings shall be at least thirty-six inches
(36") in width.
Egress doors in new buildings
serving stairways forty-four inches (44") in width or over shall be
not less than thirty-six inches
(36") in width.
(d)
Egress doors into stairway enclosures and all doors serving stairways and other
vertical openings shall be
equipped with self-closing devices designed, installed, and maintained
to automatically close the doors
when not in use. All interior egress doors providing access to
stairway enclosures shall be not
less than one hour B label. In new buildings, the doors shall be B
label one and one-half (1 1/2)
hours. Doors from occupied rooms with access to corridors shall be
of solid core construction not
less than one and three-fourths inches (1 3/4") thick or equal.
Wired glass one fourth (1/4) of
an inch thick in the single pane, or smaller panes totaling not over
six square feet (6 sq. ft.) may
be used in the doors.
(e)
All egress doors shall be equipped with hardware which will insure opening of
the
doors by a single latch with
normal strength, or equipped with panic hardware which will release
when pressure is applied to the
releasing device in the direction of exit travel.
(f)
No door shall be equipped with a lock, latch, bolt, or other fastening device
which
will allow for locking the door
against opening from within or which will require a second
operation or motion to open the
door for egress purposes. No door to a boarder-occupied room
shall be equipped with a locking
device.
(g)
No sliding door, vertical lift door, revolving door, or folding partition shall
be used as
a closure for a required means
of egress.
23-28.13-13.
Fire-stopping. -- (a) In existing buildings, exterior walls of
frame
construction and interior stud
partitions shall be completely fire-stopped by a timber of not less
than two inches (2") in
thickness or other suitable noncombustible material, completely closing
any possible vertical openings,
open joist channels, and stud spaces, at the ceiling of the
basement.
(b)
Exterior walls of new or changed frame construction and interior stud
partitions shall
be fire-stopped at each floor
level by two inch (2") thick plate or masonry filling, completely
closing any possible vertical
opening from one story to another.
23-28.13-14.
Closets and storerooms. -- All closets or compartments which are
used for
the storage of cleaning or
polishing compounds or implements shall be fire resistant for at least
sixty (60) minutes from within
the closet or compartment including the door thereof, which door
shall be equipped with a
self-closing device, or shall be equipped with proper and adequate
automatic fire extinguishing
equipment or automatic fire detectors.
23-28.13-15.
Incinerators - Passageways to outside. -- (a) Incinerators
within
buildings shall be loaded and
fired from a vestibule or compartment segregated from the rest of
the building by noncombustible
construction having a fire-resistant rating of not less than two (2)
hours, and having a Class B fire
door equipped with a suitable closing device. Ventilating
openings shall be provided
direct to the outside from the enclosures by a fixed or mechanical
device.
(b)
In all buildings, at least one passageway from each story shall lead directly
to the
outdoors, or through an enclosed
stairway or enclosed passageway or combination of stairway
and passageway, shall lead to
the outside. Where necessary, one stairway or passageway may be
allowed to lead into an open
space or lobby which has ample egress openings to the outside.
23-28.13-16.
Exit signs. -- (a) (1) All boarding homes shall be provided with exit
signs
in accordance with chapter 28.23
of this title.
(2)
Group type A or B as specified in § 23-28.23-2 shall be required.
(b)
(1) EXCEPTION: Boarding homes housing ten (10) or more boarders shall be
provided with exit signs in
accordance with chapter 28.23 of this title.
(2)
Group type C as specified in § 23-28.23-2 shall be required.
23-28.13-17.
Illumination of exit passages. -- Adequate lighting shall be provided
at all
times for the lighting of
corridors, stairways, passageways, ramps, and fire escapes.
23-28.13-18.
Emergency lighting. -- All boarding homes housing ten (10) or
more
boarders shall be provided with
emergency lighting in accordance with chapter 28.24 of this title.
23-28.13-19.
Fire alarms. -- (a) A fire alarm system as prescribed in §
23-28.25-4(b)
shall be installed in every
boarding house.
(b)
EXCEPTION: Buildings with accommodations for fewer than ten (10) persons shall
have a fire alarm system as
prescribed in § 23-28.25-4(a).
(c)
IN ADDITION: A local single station AC smoke detector shall be installed in
each
sleeping room with either
system.
23-28.13-20.
Decorative and acoustical materials. -- (a) All combustible
decorative
and acoustical material,
including curtains located in corridors, passageways, stairways, lobbies,
and other rooms or spaces for
general boarder or public use shall be rendered and maintained
flame-resistant.
(b)
(1) All approvals of decorative materials shall be limited to one year. The
owner or
the owner's authorized agent
shall file an affidavit with the enforcing officer certifying to the
following:
(i)
The product used will render the decorative material flame resistant in
accordance
with N.F.P.A. Standard 701, 1989
edition.
(ii)
That the product used was applied in accordance with the manufacturer's
specifications.
(iii)
State the date of treatment and warranty period.
(2)
When a doubt exists as to the fire retardant quality or the permanency of
treatment,
material shall be subject to the
field check test as provided in subsection (b)(3).
(3)
(i) Samples, in dry condition, are to be selected for tests and are to be a
minimum of
one and one-half inches
(11/2") wide and four inches (4") long. The fire exposure shall be
the
flame from a common wood kitchen
match (approximate length two and seven-sixteenths inches
(27/16"); approximate
weight twenty-nine (29) grams per hundred), applied for twelve (12)
seconds.
(ii)
The test shall be performed in a draft-free and safe location. The sample shall
be
suspended (preferably held with
a spring clip, tongs or some similar device) with the long axis
vertical, with the flame applied
to the center of the bottom edge, and the bottom edge one-half
inch (1/2") above the
bottom of the flame. After twelve (12) seconds of exposure, the match is to
be removed gently away from the
sample.
(iii)
During the exposure, flaming shall not spread over the complete length of the
sample, or in excess of four
inches (4") from the bottom of the sample (for larger size samples).
There shall be not more than two
(2) seconds of afterflaming. Materials which break and drip
flaming particles shall be
rejected if the materials continue to burn after they reach the floor.
(c)
(1) In all new boarding homes, interior finish shall be as regulated or
modified by the
provisions of the description of
interior finish in § 23-28.1-5 and shall not exceed the following
classifications for the
locations indicated:
(2)
All changes of interior finishes in existing boarding homes shall also conform
to the
regulations listed below:
(i)
In all vertical means of egress and connecting passages to the outside
"Class A."
(ii)
In all access corridors "Class B."
(iii)
In all other rooms or spaces "Class C."
(d)
Floor coverings must conform to the requirements of the next class lower than
the
classifications above, but in no
instance should they be less than "Class C," except that in
sprinklered buildings all floor
coverings may be "Class C" throughout.
23-28.13-21.
Hazardous occupancies. -- No motor vehicle or other device which
may
originate or communicate fire
shall be stored within boarding homes.
23-28.13-22.
Fire extinguishers. -- All boarding homes shall be provided with
proper
type fire extinguishing
equipment adequate for the conditions involved and suitably located. As to
type, location, and maintenance,
all fire extinguishers shall be in accordance with N.F.P.A.
Standard 10, 1988 edition.
23-28.13-23.
Space heaters. -- Space heaters shall not be used.
23-28.13-24.
Heating equipment. -- (a) Central heating plants, steam boilers,
and oil-
fired water heaters shall be
segregated from all other occupancies by walls, ceilings, and floors
having a fire-resistant rating
of not less than sixty (60) minutes in existing buildings, and which
shall provide a reasonably
smoke-tight enclosure. In new construction, the enclosure shall be of
noncombustible construction
having a fire-resistant rating of not less than two (2) hours.
(b)
The enclosures for heating equipment shall be provided with adequate vents
direct to
the outside sufficient for
proper combustion and exhaust. The opening shall be maintained in an
open position with fixed or
mechanical louvers of an approved type.
(c)
Heater rooms shall only contain equipment for heating, water supply, and
switchboard, and shall not be
used for any other purpose.
(d)
Interior doors to heater rooms in existing buildings shall be of not less than
sixty (60)
minutes Class B one hour fire
resistant construction and shall be equipped with a positive self-
closing device. In new
construction, the heater room doors shall be Class B one and one-half
(11/2) hour type doors swinging
into the heater room and equipped with a positive self-closing
device. The doors shall have no
hold-open device and shall be kept closed at all times.
(e)
The furnaces, boilers, and other fired units shall be vented by means of
reasonably
gas-tight smoke pipes or
breechings connected properly to a chimney constructed of brick, solid
block masonry, or reinforced
concrete with suitable flue lining properly erected and maintained in
a safe condition.
23-28.13-25.
Housekeeping. -- All boarding home premises and other
occupancies
within buildings containing
boarding homes shall be kept clean and in a tidy condition and free
from the accumulation of
combustible debris or other waste material.
23-28.13-26.
Attendants required. -- (a) There shall be at least one attendant in
residence at all times in each
boarding home housing twenty-five (25) or less boarders. There
shall be one additional
attendant in residence at all times for more than twenty-five (25) and not
more than fifty (50), and one
additional attendant for each twenty-five (25) or part in excess
thereof.
(b)
Attendants as required in this section shall be at least eighteen (18) years of
age and
capable of performing the duties
of evacuation. No person other than the management or a person
under management control shall
be considered as an attendant.
(c)
In noncombustible buildings or combustible buildings completely protected by a
system of automatic sprinklers,
there shall be one attendant in residence at all times for each
thirty-five (35) boarders or
numerical fraction thereof.
(d)
Nothing in this section shall be construed as waiving any requirement of the
state
department of health as to
boarder care personnel.
SECTION
15. Sections 23-28.13-27, 23-28.13-28 and 23-28.13-34 are hereby amended
to read as follows:
23-28.13-27.
Boarding homes for children - Egress facilities required. -- (a) Each
story of every home used for the
boarding of children shall have at least two (2) means of egress.
Exits shall be located remotely
from each other providing the best practicable means of egress for
all occupants in the event fire
renders one exit impassable.
(b)
Homes not over two (2) stories in height which do not have the required two (2)
means of egress from each story
will require the installation of fire escapes. Windows will be
approved as a means of egress,
provided they can be opened to give a clear unobstructed width of
not less than two feet six inches
(2'6") and a height of not less than three feet (3'). Platforms with
a ladder extending to within six
feet (6') of the ground will be permitted. In lieu of a second
means of egress, a smoke detector
of a type approved by the fire marshal's office shall be
properly installed and maintained
in accordance with N.F.P.A. Standard 74, 1989 edition
specifications. Homes above two
(2) stories in height shall conform with chapter 28.8 of this title
the regulations established by
the Fire Safety Code Board of Appeal & Review.
(c)
Access to fire escapes and outside stairways shall be unobstructed and shall
provide
safe, adequate, and convenient
means of exit.
23-28.13-28.
Boarding homes for children - Basements - Heating units. -- (a) The
use of basements as defined in §
23-28.1-5 shall not be allowed for sleeping quarters.
(b)
Levels below ground, not considered as a basement as defined in this code, and
levels
on grade with sleeping quarters
with a central heating unit contained therein shall be segregated
by partitions and doors having a
one hour fire resistant rating. Enclosures shall be provided with
an air vent to the outside
sufficient for proper combustion and exhaust.
23-28.13-34.
Installation of smoke detectors in foster care units and in group care
units. -- (a) All group care residential units in which a child
is placed by the department of
children, youth, and families or by
any private agency, society, or institution licensed to place
children shall be equipped with a
hard wire smoke detector system in accordance with the
provisions of §§ 23-28.34-1 -
23-28.34-5 regulations established
by the Fire Safety Code Board
of Appeal & Review. . All of the residential units in which children are
placed shall be equipped
with a hard wire smoke detector
system listed and/or approved by underwriters factory mutual or
some other nationally recognized
testing laboratory approved by the state fire marshal, except any
camp or tourist camp as defined in
§ 44-18-7(e). Each battery pack or hard wire smoke detector
system shall be inspected by the
department of children, youth, and families at least once each
year. Installation of hard wire
smoke detectors shall be completed on or before January 1, 1995,
for those group care residential
units not currently in compliance with this section.
(b)
All foster care units in which a foster child is placed by the department of
children,
youth, and families or any private
agency, society or institution licensed to place children shall be
equipped with either a battery pack
or hard wire smoke detector system. All other provisions of
this section shall otherwise apply
to foster homes.
(c)
In addition to the locations specified under § 23-28.35-2 in the
regulations established
by the Fire Safety Code Board of
Appeal & Review, approved smoke
detectors required by this
section shall be located in all
common hallways. Any violation of this section shall be punishable
by a fine of not more than one
hundred dollars ($100) for each offense.
SECTION
16. Chapter 23-28.14 of the General Laws entitled “Rooming Houses” is
hereby repealed in its entirety.
CHAPTER
23-28.14
Rooming
Houses
23-28.14-1.
Applicability. -- The regulations contained in this chapter
shall apply to all
rooming houses as defined in §
23-28.1-5.
23-28.14-2.
Egress facilities required. -- (a) Each story of every building
used as a
rooming house shall have at
least two (2) means of egress. Exits shall be located remote from
each other, providing the best
practicable means of egress for all occupants in the event fire
renders one exit impassable.
(b)
Each occupied room shall have at least one door opening directly to the outside
or to
a corridor or stairway leading
directly to the outside.
23-28.14-3.
Egress passageways. -- (a) Corridors and passageways leading to
stairways
and then to the outside shall be
not less than thirty-two inches (32") in width in existing buildings
and in all new buildings
hereinafter constructed not less than forty-four inches (44") in width.
(b)
Corridors and passageways considered as approved means of egress shall be at
least
eighty-four inches (84") in
height.
(c)
Except in existing rooming houses, access to all interior and outside stairways,
fire
escapes, and other exits
considered as approved means of egress shall be through a door from
floor level, and shall be
unobstructed and shall not be through a bathroom or a room used for any
other purpose.
(d)
In existing rooming houses, access to fire escapes and outside stairways shall
be
unobstructed and shall provide
safe, adequate, and convenient means of exit.
23-28.14-4.
Stairways. -- (a) Stairways in approved egress passageways shall
be not
less than thirty-two inches (32")
in width in existing buildings and in all new buildings hereinafter
constructed not less than
forty-four inches (44") in width, exclusive of handrail.
(b)
All stairways in egress passages thirty-two inches (32") in width shall
have a suitable
handrail on one side. Stairways
greater than thirty-six inches (36") in width shall have a suitable
handrail on both sides.
(c)
Stair treads in approved inside egress stairways shall be not less than eight
inches
(8") in width, exclusive of
nosing, and risers shall not exceed eight and one half inches (81/2") in
height. In new buildings, the
stair treads shall be not less than the nine inches (9") in width,
exclusive of nosing, and risers
shall not exceed eight inches (8") in height. Treads and risers shall
be all uniform width and height
in each individual stairway run in new construction.
(d)
In new construction, all vertical openings including stairways shall be
enclosed with
materials of a fire-resistive
rating of not less than sixty (60) minutes.
23-28.14-5.
Doors and windows. -- (a) Doorways, which are of themselves or
are a part
of a means of egress in new
buildings and buildings hereafter converted to a rooming house, shall
be at floor level and shall be
not less than thirty-six inches (36") in width and not less than six
feet six inches (6'6") in
height. In existing buildings, doors shall be not less than two feet eight
inches (2'8") in width and
not less than six feet six inches (6'6") in height.
(b)
Windows shall not be considered as a means of egress in new buildings or
buildings
hereafter converted to rooming
houses. In existing rooming houses, windows will be approved as
a means of egress provided they
can be opened to give a clear unobstructed width of not less than
two feet six inches (2'6")
and a height of not less than three feet (3').
(c)
Egress doors to the outside shall be equipped with hardware which will insure
the
opening of the door from within
at all times.
(d)
In newly constructed buildings, all egress doors shall be so hung as to open in
the
direction of exit travel.
23-28.14-6.
Fire-stopping. -- (a) Exterior walls of new or changed frame
construction
and interior stud partitions
shall be fire-stopped at each floor level by a 2-inch thick plate or
masonry filling, completely
closing any possible vertical opening from one story to another.
(b)
In existing buildings, exterior walls of frame construction and interior stud
partitions
shall be completely fire-stopped
by a timber of not less than two inches (2") in thickness or other
suitable noncombustible material
completely closing any possible vertical openings, open joist
channels, and stud spaces, at
the ceiling of the basement.
23-28.14-7.
Exit signs. -- All rooming houses shall be provided with exit
signs in
accordance with chapter 28.23 of
this title. Group type A or B as specified in § 23-28.23-2 shall
be required.
23-28.14-8.
Illumination of exit passages. -- Adequate lighting shall be
provided for the
lighting of corridors,
stairways, egress passages, fire escapes, and other means of egress leading
directly to the outside at all
times.
23-28.14-9.
Fire extinguishers. -- All rooming houses shall be provided with
proper type
fire extinguishing equipment
adequate for the area involved, and suitably located. All fire
extinguishers are to be
installed and maintained in accordance with N.F.P.A. Standard 10, 1988
edition.
23-28.14-10.
Housekeeping. -- (a) All rooming house premises and other occupancies
within buildings containing
rooming houses shall be kept clean and in a tidy condition, and free
from accumulation of combustible
debris or other waste material.
(b)
All corridors, passageways, stairways, and fire escapes shall be kept free and
clear of
all storage at all times.
23-28.14-11.
Decorative and acoustical materials. -- (a) (1) All combustible
decorative and acoustical
materials, and curtains located in corridors, passageways, stairways and
lobbies, shall be rendered and maintained
flame resistant. This regulation shall not be construed
to prohibit the use of wall or
ceiling coverings affixed directly to the wall or ceiling, provided the
surface will not be readily
flammable and will not carry or communicate fire.
(2)
All approvals of decorative materials shall be limited to one year. The owner
or the
owner's authorized agent shall
file an affidavit with the enforcing office certifying to the
following:
(i)
The product used will render the decorative material flame resistant in
accordance
with N.F.P.A. Standard 701, 1989
edition.
(ii)
That the product used was applied in accordance with the manufacturer's
specifications.
(iii)
State the date of treatment and warranty period.
(3)
When a doubt exists as to the fire retardant quality or the permanency of
treatment,
material shall be subject to the
field check test as provided in subsection (a)(4).
(4)
(i) Samples, in dry condition, are to be selected for tests and are to be a
minimum of
one and one-half inches (1
1/2") wide and four inches (4") long. The fire exposure shall be the
flame from a common wood kitchen
match (approximate length two and seven-sixteenths inches
(2 7/16"); approximate
weight twenty-nine (29) grams per hundred), applied for twelve (12)
seconds.
(ii)
The test shall be performed in a draft-free and safe location. The sample shall
be
suspended (preferably held with
a spring clip, tongs or some similar device) with the long axis
vertical, with the flame applied
to the center of the bottom edge, and the bottom edge one-half
inch (1/2") above the
bottom of the flame. After twelve (12) seconds of exposure, the match is to
be removed gently away from the
sample.
(iii)
During the exposure, flaming shall not spread over the complete length of the
sample
or in excess of four inches
(4") from the bottom of the sample (for larger size samples). There
shall be not more than two (2)
seconds of afterflaming. Materials which break and drip flaming
particles shall be rejected if
the materials continue to burn after they reach the floor.
(b)
(1) In all new rooming houses, interior finish shall be as regulated or
modified by the
provisions of the description of
interior finish in § 23-28.1-5, and shall not exceed the following
classifications for the
locations indicated.
(2)
All changes of interior finishes in existing rooming houses shall also conform
to the
regulations listed below:
(i)
In all vertical means of egress and connecting passages to the outside
"Class A."
(ii)
In all access corridors "Class B."
(iii)
In all other rooms or spaces "Class C."
(c)
Floor coverings must conform to the requirements of the next class lower than
the
classifications above, but in no
instance should they be less than "Class C," except that in
sprinklered buildings all floor
coverings may be "Class C" throughout.
23-28.14-12.
Fire alarm. -- (a) A fire alarm system as prescribed in chapter
23-28.34
shall be installed in every
rooming house.
(b)
IN ADDITION: A local single station AC smoke detector shall be installed in
every
sleeping room.
23-28.14-13.
Sprinklers required. -- Every rooming house hereafter
constructed and
every addition hereafter made to
an existing rooming house and any building hereafter converted
for use in whole or in part for
a rooming house, shall be completely protected by an approved
system of automatic sprinklers
installed and maintained in accordance with N.F.P.A. Standard 13,
1989 edition and its related
standards.
SECTION
17. Sections 23-28.15-1 – 23-28.15-20 of the General Laws in Chapter 23-
28.15 entitled “Child Day Care
Centers” are hereby repealed.
CHAPTER
23-28.15
Child
Day Care Centers
23-28.15-1.
Applicability. -- The regulations contained in this chapter
shall apply to all
buildings in which are located
child day care centers as defined in § 23-28.1-5, except when such
child day care centers are
located in occupancies defined as "boarding home" and
"schools".
23-28.15-1.1.
Group family day care homes. -- "Group family day care
homes" as
defined in § 23-28.15-1.2 shall
be governed by N.F.P.A. Standard No. 101, 1988 edition, § 10-8
and its related standards,
chapters and sections.
23-28.15-1.2.
Group family day care defined. -- "Group family day care
home" means
a residence occupied by an
individual of at least twenty-one (21) years of age who provides care
for not less than nine (9) and
not more than twelve (12) children, with the assistance of one or
more approved adults, for any
part of a twenty-four (24) hour day. The maximum of twelve (12)
children shall include children
under six (6) years of age who are living in the home, school-age
children under the age of twelve
(12) years whether they are living in the home or are received for
care, and children related to
the provider who are received for care.
23-28.15-1.3.
Enforcement of fire safety regulations. -- The authority having
jurisdiction for the enforcement
of fire safety regulations in group family day care homes shall be
the state fire marshal, deputy
state fire marshal and assistant deputy state fire marshal.
23-28.15-2.
Heating equipment. -- (a) Central heating plants, steam boilers,
and oil-
fired water heaters shall be
segregated from all other occupancies by walls, ceiling, and floor
having a fire-resistant rating
of not less than sixty (60) minutes, which shall provide a reasonably
smoke-tight enclosure. In new
buildings, the enclosure shall be of not less than two (2) hour fire-
resistant construction.
(b)
The enclosure for heating equipment shall be provided with adequate vents
direct to
the outside sufficient for
proper combustion and exhaust. The openings shall be maintained in an
open position with fixed or mechanical
louvers of an approved type.
(c)
Heater rooms shall contain only equipment for heating, water, and/or
switchboard,
and shall not be used for any
other purpose.
(d)
Interior doors to heater rooms shall open inward and shall be of the same fire
resistancy required for
segregating partitions, and shall be equipped with a positive self-closing
device. The doors shall have no
hold-open devices, and shall be kept closed at all times.
(e)
Furnaces, boilers, and other fired units shall be vented to a chimney by means
of a
gas-tight smokepipe. In new
construction, chimneys shall be constructed of brick, solid masonry,
reinforced concrete, steel, or
stone, with suitable flue lining erected and maintained in a safe
condition.
(f)
Oil burners. See § 23-28.9-4.
23-28.15-3.
Incinerators. -- Incinerators within buildings shall be loaded
and fired from
a vestibule or compartment
segregated from the rest of the building by noncombustible
construction having a
fire-resistant rating of not less than two (2) hours, having a Class B one and
one-half (11/2) hour fire door
equipped with a positive self-closing device, and with no hold-open
device. Ventilating openings
shall be provided direct to the outside by fixed or mechanical
louvers of an approved type from
the enclosures.
23-28.15-4.
Space heaters. -- Space heaters shall not be used.
23-28.15-5.
Hazardous occupancy. -- No child day care center shall be
located in a
building containing any
manufacturing or commercial occupancy which contains materials and/or
equipment which is hazardous.
23-28.15-6.
Use of combustible buildings. -- (a) In combustible buildings presently
used as child day care centers,
only the first and second stories may be used as such. In
combustible buildings hereafter
constructed for or converted to child day care centers, only the
first story may be so used
except that in buildings completely protected by a system of automatic
sprinklers installed and
maintained in accordance with N.F.P.A. Standard 13, 1989 edition and its
related standards, the second
story may be used.
(b)
No child day care center shall be located in any basement which contains
equipment
and/or materials which, in the
opinion of the authority having jurisdiction, constitutes a hazard to
life and safety.
23-28.15-7.
Egress facilities required (a) In buildings used as child day care
centers,
there shall be at least two (2)
approved means of egress from each occupied level. Each room
used for child day care center
activity shall have at least one doorway opening directly to the
outside or to a corridor or
space having access to two (2) means of egress directly to the outside.
Exits shall be located remote
from each other, providing the best practical means of egress for all
occupants in the event fire
renders one exit impassable.
(b)
In all buildings, at least one passageway from each occupied level shall lead
directly
to the outdoors or through an
enclosed stairway or enclosed passageway or a combination of the
stairway and passageway to the
outside. Where necessary, one stairway or passageway may be
allowed to lead through an open
space or lobby which has ample egress opening to the outside.
(c)
Exits from each floor shall be so arranged that it will not be necessary to
travel more
than one hundred feet (100')
from any one point in a building to reach the nearest approved means
of egress from that story. In
sprinklered buildings, travel may be increased to one hundred and
fifty feet (150').
23-28.15-8.
Egress passageways. -- (a) Corridors and passageways from
occupied
rooms leading to egress
stairways and then to the outside shall be not less than thirty inches
(30")
in width in existing buildings
and not less than forty-four inches (44") in width in newly
constructed buildings.
(b)
Access to all interior and outside stairways to fire escapes and other exits
considered
as approved means of egress
shall be unobstructed, and shall not be through a bathroom or a room
used for any other purpose that
may obstruct free passage, nor shall access be veiled from open
view by ornamentation, curtains,
or other appurtenances.
23-28.15-9.
Vertical openings. -- (a) In all buildings, interior stairways
constituting
approved egress passageways
shall be enclosed and segregated from other portions of the
building by material with a fire
resistant rating of not less than sixty (60) minutes. All other
vertical openings shall be
enclosed by materials with a fire resistant rating of not less than sixty
(60) minutes.
(b)
(1) Elevators will not be considered as approved means of egress, and all new
elevator shafts shall be
enclosed by noncombustible materials with a fire resistant rating of not
less than two (2) hours,
existing elevators shall be enclosed by noncombustible materials with a
fire resistant rating of not
less than sixty (60) minutes. No opening shall be allowed through the
side wall enclosures for
ventilating or other purposes, except to an outside wall. All doors
servicing elevators shall be
Class B label one and one-half (1 1/2) hour in new elevators, and in
existing elevators, Class B
label one hour, and the doorways shall be made smoke-tight when the
doors are closed.
(2)
Elevators and elevator shafts shall otherwise be designed, constructed,
maintained,
and ventilated in accordance
with regulations promulgated by the department of labor and
training.
23-28.15-10.
Stairways. -- (a) Stairways in approved egress passages in
existing
buildings shall be not less than
thirty-six inches (36") in width, and in newly constructed
buildings not less than
forty-four inches (44") in width.
(b)
In existing buildings, all stairways in approved egress passages shall have
stair treads
of not less than eight inches
(8") in width, exclusive of nosing, and risers shall not exceed eight
and one-half inches (8
1/2") in height. In newly constructed buildings, all stairways in approved
egress passages shall have stair
treads of not less than eleven inches (11" ) in depth, and risers
shall not exceed seven inches
(7" ) in height.
(c)
In existing buildings, all stairways in approved egress passages shall be
provided
with landings at least
thirty-six inches (36") in depth between the nosing of the top or bottom
riser
and the door opening. In newly
constructed buildings, all stairways in approved egress passages
shall be provided with landings
at least forty-four inches (44") in depth between the nosing of the
top or bottom riser and the door
opening.
(d)
No arrangement of treads known as "winders" shall be allowed in
approved egress
stairways.
(e)
All egress stairways shall have suitable handrails on both sides. On stairs
that will be
used extensively by children
five (5) years of age or younger, additional handrails shall be
attached at a height between two
feet (2' ) and two feet six inches (2'6") vertically above the
intersection of the treads and
risers at the nosing.
(f)
There shall be no closets or other storage areas of any kind within or beneath
stair
enclosures.
23-28.15-11.
Doors and doorways. -- (a) All doorways which are approved means
of
egress shall be at floor level.
(b)
All egress doors to the outside or into stairways or passageways leading to the
outside shall open out in the
direction of egress travel, but this regulation shall not be construed as
requiring doors from
children-occupied rooms to open into the corridors. There shall be no
obstruction at any time to the
opening or closing of egress doors.
(c)
All egress doors shall be at least thirty-two inches (32") in width in
existing buildings
and not less than thirty-six
inches (36") in width in newly constructed buildings.
(d)
Egress doors into stair enclosures, and all doors serving stairways or other
vertical
openings shall be equipped with
self-closing devices designed, installed, and maintained to
automatically close the doors
when not in use. All interior egress doors providing access to
stairway enclosures shall be
Class B label one hour fire-resistant.
(e)
All egress doors shall be equipped with hardware which will insure opening of
the
doors by a single motion such as
the turning of a knob or pressure of a latch, or shall be equipped
with panic hardware which will
release when pressure is applied to the releasing device in the
direction of exit travel.
(f)
No egress door from a child-occupied room to stairway enclosures or to the
outside
shall be equipped with a lock,
latch, bolt, or other fastening device which will allow for locking
the door against opening from
within, or which will require a second operation or motion to open
the door for egress purposes.
(g)
No sliding door, vertical lift door, revolving door, or folding partition or
gate shall be
used as a closure for a required
means of egress.
23-28.15-12.
Exit signs. -- All child day care centers with ten (10) or more
children shall
be provided with exit signs in
accordance with chapter 28.23 of this title. Group type C specified
in § 23-28.23-2 shall be
required. Excepted from the requirement of exit signs are structures
occupied in daylight hours with
skylights or windows arranged to provide, during these hours, the
required level of illumination
on all portions of the means of egress.
23-28.15-13.
Fire alarms. -- (a) A full coverage fire alarm system as
prescribed in § 23-
28.25-4(b) shall be installed in
all child day care centers.
(b)
EXCEPTION: A fire alarm system as prescribed in § 23-28.25-4(a) shall be
installed
in all child day care centers
used for the gathering of nineteen (19) or less children and under
three thousand square feet
(3,000 sq. ft.) located on a ground floor or first floor.
23-28.15-14.
Fire-stopping. -- (a) In existing buildings, exterior walls of
frame
construction and interior stud
partitions shall be completely fire-stopped by a timber of not less
than two inches (2") in
thickness or other suitable noncombustible material completely closing
any possible vertical openings,
open joist channels, and stud spaces, at the ceiling of the
basement.
(b)
In exterior walls of new or changed frame construction and interior stud
partitions,
they shall be fire-stopped at
each floor level by a two inch (2") thick plate or masonry filling,
completely closing any possible
vertical opening from one story to another.
23-28.15-15.
Fire extinguishers. -- All child day care centers shall be
provided with
proper type fire extinguishing
equipment adequate for the conditions involved and suitably
located. All fire extinguishing
equipment shall be installed and maintained by N.F.P.A. Standard
10, 1988 edition.
23-28.15-16.
Housekeeping. -- (a) All child day care center buildings shall
be kept
clean and in tidy condition free
from the accumulation of combustible debris and other waste
material.
(b)
All corridors, passageways, stairways, and fire escapes shall be kept free and
clear of
all storage and/or obstructions
at all times.
23-28.15-17.
Evacuation plan. -- The management of each child day care center
shall
formulate a plan for the
protection of all children in the event of fire or other emergency and their
evacuation to areas of refuge
outside of the building when necessary. All employees shall be
instructed and kept informed
respecting their duties under the plan. The evacuation plan shall be
posted in a conspicuous place.
23-28.15-18.
Decorative and acoustical materials. -- (a) (1) All combustible
decorative and acoustical
materials, and curtains located in corridors, passageways, stairways,
and lobbies, shall be rendered
and maintained flame resistant. This regulation shall not be
construed to prohibit the use of
wall or ceiling coverings affixed directly to the wall or ceiling,
provided the surface will not be
readily flammable and will not carry or communicate fire.
(2)
All approvals of decorative materials shall be limited to one year. The owner
or the
owner's authorized agent shall
file an affidavit with the enforcing officer certifying to the
following:
(i)
The product used will render the decorative material flame resistant in
accordance
with N.F.P.A. Standard 701, 1989
edition.
(ii)
That the product used was applied in accordance with the manufacturer's
specifications.
(iii)
State the date of treatment and warranty period.
(3)
When a doubt exists as to the fire retardant quality or the permanency of
treatment,
material shall be subject to the
field test as provided in subsection (a)(4).
(4)
(i) Samples, in dry condition, are to be selected for tests and are to be a
minimum of
one and one-half inches (1
1/2") wide and four inches (4") long. The fire exposure shall be the
flame from a common wood kitchen
match (approximate length two and seven-sixteenths inches
(2 7/16"); approximate
weight twenty-nine (29) grams per hundred), applied for twelve (12)
seconds.
(ii)
The test shall be performed in a draft-free and safe location. The sample shall
be
suspended (preferably held with
a spring clip, tongs or some similar device) with the long axis
vertical, with the flame applied
to the center of the bottom edge, and the bottom edge one-half
inch (1/2") above the
bottom of the flame. After twelve (12) seconds of exposure, the match is to
be removed gently away from the
sample.
(iii)
During the exposure, flaming shall not spread over the complete length of the
sample
or in excess of four inches
(4") from the bottom of the sample (for larger size samples). There
shall be not more than two (2)
seconds of afterflaming. Materials which break and drip flaming
particles shall be rejected if
the materials continue to burn after they reach the floor.
(b)
(1) In all new child day care centers, interior finish shall be as regulated or
modified
by the provisions of the
description of interior finish in § 23-28.1-5 and shall not exceed the
following classifications for
the locations indicated:
(2)
All changes of interior finishes in existing child day care centers shall also
conform to
the regulations listed below:
(i)
In all vertical means of egress and connecting passages to the outside
"Class A."
(ii)
In all access corridors "Class B."
(iii)
In all other rooms or spaces "Class C."
(c)
Floor coverings must conform to the requirements of the next class lower than
the
classifications above, but in no
instance should they be less than "Class C," except that in
sprinklered buildings all floor
coverings may be "Class C" throughout.
23-28.15-19.
Emergency lighting. -- (a) All child day care centers with ten
(10) or
more children shall be provided
with emergency lighting in accordance with chapter 28.24 of this
title.
(b)
Exceptions from the requirements of emergency lighting:
(1)
Child day care centers under three thousand square feet (3000 sq. ft.) located
on the
ground floor or first floor.
(2)
Structures occupied only in daylight hours with skylights or windows arranged
to
provide, during these hours, the
required level of illumination on all portions of the means of
egress.
23-28.15-20.
[Repealed.]
SECTION
18. Chapter 23-28.16 of the General Laws entitled “Apartment Houses” is
hereby repealed in its entirety.
CHAPTER
23-28.16
Apartment
Houses
23-28.16-1.
Applicability -- (a) The regulations contained in this chapter
shall apply to
all apartment houses, as defined
in § 23-28.1-5, except such places as are expressly exempt in
accordance with the provisions
of this code.
(b)
Fire escapes and other outdoor stairways, heating, cooking, and ventilating
facilities,
fire alarms, exit signs, and the
use of electric wiring and appliances shall be covered by special
articles related thereto.
23-28.16-2.
Egress facilities required. -- (a) All apartment houses shall be
provided
with approved egress facilities
as required under the provisions of this code.
(b)
(1) No less than two (2) approved means of egress shall be provided from each
story
of every apartment house.
(2)
EXCEPTION: Apartment houses not over two (2) stories in height, for not more
than
eight (8) families nor more than
four (4) families per story, may have one approved means of
egress from each story or fire
subdivision provided:
(i)
The distance of travel to the one required exit shall not exceed thirty-five
feet (35');
(ii)
All corridors serving as access to exits shall have at least a one hour
fire-resistance
rating;
(iii)
The one required exit is a smokeproof tower or an outside stair or an interior
stairway. The interior stairway
shall be enclosed with partitions having a fire-resistance rating of
at least one hour with
self-closing one hour fire-rated doors protecting all openings between the
stairway enclosure and the
building; and
(iv)
The exit does not serve more than one-half (1/2) story below the level of exit
discharge.
(c)
Exits from each floor shall be arranged so that it will not be necessary to
travel more
than one hundred feet (100')
from a living unit entrance door to reach the nearest approved exit
from the story. In buildings
which are completely sprinklered, this distance may be one hundred
fifty feet (150').
(d)
Every sleeping room, unless it has two (2) doors providing separate ways of
escape,
or has a door leading directly
to the outside of the building, shall have at least one outside
window which can be opened from
the inside without the use of tools and of such design that it
may serve as an emergency exit
if the normal avenues of escape are blocked. The sill of the
windows shall not be more than
forty-four inches (44") above the floor.
(e)
Exits shall be remote from each other and so arranged as to minimize any
probability
that both exits may be blocked
or made impassable by one fire or other emergency.
(f)
Walls separating exit access corridors from living units shall have a
fire-resistance
rating of at least one hour.
23-28.16-3.
Egress passageways. -- (a) Access to all interior and outside
stairways, to
fire escapes and other exits
considered as approved means of egress, shall be unobstructed and
shall not be through a room used
as a bedroom, bathroom, or kitchen, or for any other purpose
that may obstruct free passage,
nor shall access be veiled from open view by ornamentation,
curtains, or other appurtenances.
(b)
All corridors and passageways in new buildings considered as approved means of
egress, shall be at least
forty-two inches (42") in width and seventy-eight inches (78") in
height,
and of such greater width as
conditions require. All corridors and passageways now existing shall
be at least twenty-eight inches
(28") in width and at least seventy-four inches (74") in height in
order to be considered as
approved means of egress. Exception is that fire protection equipment
may protrude no more than eight
and one-half inches (8 1/2").
(c)
All doorways which are of themselves, or are a part of, approved means of
egress,
shall be at floor level in new
structures, and as near thereto as practicable in existing structures.
Windows shall not be considered
as approved means of egress.
(d)
Passageways and all doors leading from inside stairways to the outside shall
have the
same fire-resistant quality as
required of the connecting stairway in accordance with subsection
(a) of § 23-28.16-5 and
subsection (b) of § 23-28.16-7.
(e)
All approved egress passageways shall at all times provide free, unobstructed,
and
safe passage to the street or to
a ground area of refuge.
23-28.16-4.
Transoms. -- Transoms and other openings in interior corridors
or
passageways shall not be
allowed. Existing transoms and like openings in corridors and
passageways shall be permanently
sealed and made fire resistant with materials of a sixty (60)
minute fire rating. All opening
devices shall be removed.
23-28.16-5.
Stairways and other vertical openings. -- (a) (1) Every existing
interior
stairway constituting an
approved egress passage from any story of an apartment house shall be
enclosed or be segregated from
other portions of the building by materials with a fire resistant
rating of not less than one
hour. All required stairways shall lead directly to the outdoors or to an
enclosed passageway leading to
the outdoors constructed to resist fire to the same degree as the
stairway. One of the required
stairways may be allowed to lead through an open space or lobby
provided the space or lobby has
ample egress openings to the outside at grade. All other vertical
openings throughout the
buildings shall be enclosed by material with a fire resistance rating of
not less than one hour. (See §
23-28.16-7(b) for new construction).
(2)
EXCEPTION 1: There shall be no unprotected vertical opening or stairway in any
building or fire section with
only one exit.
(3)
EXCEPTION 2: Stairway enclosures shall not be required where a one story stair
connects two (2) levels within a
single dwelling unit.
(b)
(1) Elevators will not be considered as approved means of egress, and all new
elevator and dumbwaiter shafts
shall be enclosed by noncombustible materials with a fire
resistant rating of not less
than two (2) hours, and existing elevators shall be enclosed by
noncombustible materials with a
fire resistant rating of not less than sixty (60) minutes. No
opening shall be allowed through
the side wall enclosures for ventilating or other purposes,
except to an outside wall. All
doors servicing elevators shall be Class B label one and one-half
(11/2) hour in new elevators,
and in existing elevators Class B label one hour, and the doorways
shall be made smoke-tight when
the doors are closed.
(2)
Elevators and elevator shafts shall otherwise be designed, constructed,
maintained,
and ventilated in accordance
with regulations promulgated by the department of labor and
training.
(c)
All stairways in approved egress passages shall have suitable handrails on both
sides,
except such stairs as are less
than three feet (3') in width, which stairs shall have one handrail.
(d)
Stairways in approved egress passages in existing apartment houses shall be not
less
than thirty-two inches
(32") in width and in new buildings and additions to existing buildings,
the
stairways shall be not less than
forty-two inches (42") in width, exclusive of handrails projecting
not more than three and one-half
inches (31/2") into the required stair width.
(e)
Existing stairways in approved egress passages shall be provided with landings
at
least thirty-two inches
(32") in depth between the nosing of the top or bottom stair and the next
parallel partition or door. New
stairways shall have landings at least forty-four inches (44") in
depth.
(f)
Stair treads in approved inside egress passages in existing structures shall be
not less
than eight inches (8")
wide, exclusive of nosing, and risers shall not exceed eight and one-half
inches (8 1/2") in height.
In new buildings the stair treads shall be not less than nine and one-half
inches (9 1/2") wide,
exclusive of nosing, and risers shall not exceed seven and three-fourths
inches (7 3/4") in height.
Treads and risers shall be of uniform width and height in each
individual stairway.
23-28.16-6.
Egress doors. -- (a) Doors in approved egress passages into
stairways and
to the outside shall be so hung
as to open in the direction of exit travel, but this requirement shall
not be construed to prohibit
ground floor entrance doors swinging both inward and outward. The
doors shall not be so hung as to
obstruct egress passage.
(b)
Doors into required stairway enclosures, all doors serving other vertical
openings,
and doors in side wall openings
in enclosed egress passages, except doors to the outside, shall be
equipped with suitable
self-closing devices, maintained in operating condition. The doors shall
not be equipped with devices
intended for holding the doors in an open position, and they shall
not be otherwise so held.
(c)
Doors and jambs in walls or partitions required to be fire-resistant shall be
equally
fire-resistant, and shall be
constructed and maintained close fitting and reasonably smoke tight.
(d)
Doors in a partition required to be fire-resistant may contain a single
wired-glass
panel where necessary, provided,
the glass shall not exceed one hundred square inches (100 sq.
in.) per opening.
(e)
Doors in existing approved egress passages shall be not less than thirty-two
inches
(32") in width. When
serving approved egress passages, new doors in existing structures and all
doors in new structures shall be
not less than thirty-six inches (36") in width and seventy-eight
inches (78") in height,
except that each leaf of a double or mullion door may be not less than
thirty inches (30") wide.
(f)
Egress doors leading to the outside or into an enclosed passageway leading to
the
outside shall be equipped with a
lock, latch, or other fastening device that shall not require the use
of a key for operation from the
inside of the building.
(g)
Revolving doors shall not be considered as approved means of egress.
(h)
Doors leading to apartments may be a minimum of thirty-two inches (32")
wide and
a minimum of seventy-eight
inches (78") in height.
23-28.16-7.
Construction. -- (a) Every apartment house hereafter
constructed, every
addition hereafter made to any
apartment house, and every building hereafter converted for the
purposes of an apartment house,
shall be of noncombustible construction if more than three (3)
stories above the basement of
any portion of the building is used or intended for use by family
units or employees.
(b)
All vertical openings, including stairways and passageways to the outdoors, in
all
new buildings, additions to
existing buildings, or buildings hereafter converted for the purpose of
an apartment house, shall be
enclosed by material with a fire-resistant rating of at least two (2)
hours, except that an enclosure
shall not be required for a flight of stairs in a noncombustible
building when the stairs connect
only one story with one other story immediately above or below
it, and provided that at least
one passageway for each floor of the building shall lead directly to
the outdoors by stairways or
passageways, or a combination of both, enclosed completely by fire-
resistant material of such
rating.
23-28.16-8.
Hazardous occupancies. -- No combustible building shall contain
a Class 1,
2, or 3 dry cleaning
establishment as defined in special regulations governing such establishments
or other commercial occupancy
using flammable liquids, or any other storage of materials or
equipment of high hazard, unless
such occupancy is completely segregated from the apartment
house premises by unpierced
walls with a fire-resistant rating of not less than two (2) hours, and
by a ceiling and floors of
material with the same fire-resistive rating.
23-28.16-9.
Fire walls. -- (a) Fire walls shall be installed to subdivide
the building into
sections not greater than two
hundred feet (200') in length. The walls will have a two (2) hour fire
resistance rating. In buildings
required to be of noncombustible construction, fire partitions with a
two (2) hour fire resistance
rating may be used.
(b)
EXCEPTION 1: In buildings equipped with complete sprinkler protection the
length
may be increased to three
hundred feet (300').
(c)
EXCEPTION 2: Buildings with only one exit per floor or fire section shall be
separated by the walls into
units of four (4) family dwellings per floor.
23-28.16-10.
Fire-stopping. -- (a) Exterior walls of new or changed frame
construction
and interior stud partitions
shall be fire-stopped at each floor level by a two inch (2") thick plate
or masonry filling, completely
closing any possible vertical opening from one story to another.
(b)
In existing buildings, exterior walls of frame construction and interior stud
partitions
shall be completely fire-stopped
by a timber of not less than two inches (2") in thickness or other
suitable noncombustible material
completely closing any possible vertical openings, open joist
channels, and stud spaces, at
the ceiling of the basement.
23-28.16-11.
Exit signs. -- (a) (1) All apartment houses requiring more than
one exit
shall be provided with exit
signs in accordance with chapter 28.23 of this title.
(2)
Group type A or B as specified in § 23-28.23-2 shall be required.
(b)
EXCEPTION: Apartment houses or sections of apartment houses between fire
division walls having eight (8)
or more apartment units, shall be provided with exit signs in
accordance with chapter 28.23 of
this title, group type C as specified in § 23-28.23-2, shall be
required.
23-28.16-12.
Emergency lighting. -- (a) Apartment houses or sections of apartment
houses between fire division
walls having eight (8) or more apartments shall be provided with
emergency lighting in accordance
with chapter 28.24 of this title.
(b)
EXCEPTION: Where each guest room has a direct exit to the outside of the
building
at ground level (as in motels)
no emergency lighting shall be required.
23-28.16-13.
Extinguishing equipment required. -- All apartment houses shall
be
provided with proper fire
extinguishing equipment adequate for the area involved and suitably
located. As to type, location,
and maintenance, all fire extinguishers shall be in accordance with
N.F.P.A. Standard 10, 1988
edition. The term "extinguishing equipment" as used in this section
shall not include automatic
sprinklers.
23-28.16-14.
Sprinklers required -- (a) All new apartment houses, every
addition
hereafter made to an apartment
house, and every building hereafter converted for the purposes of
an apartment house, which are
either more than three (3) stories in height above the basement or
contain more than six (6) living
units between fire walls, shall be completely protected by an
approved system of automatic sprinklers
installed and maintained in accordance with N.F.P.A.
Standard 13, 1989 edition, and
its related standards. An attic or space immediately below a roof
shall not be considered as a
story in the application of this section.
(b)
All existing apartment houses constructed wholly or in part of combustible
materials,
which have sleeping
accommodations for family members or employees above the third story,
shall be completely protected by
an approved system of automatic sprinklers in accordance with
N.F.P.A. Standard 13, 1989 and
its related standards.
23-28.16-15.
Decorative and acoustical material. -- (a) (1) All combustible
decorative
and acoustical material,
including curtains, streamers, and other paper and decorative materials,
but not including floor
coverings, located in all corridors, passageways, and in lobbies and other
rooms or spaces for general
guest or public use, shall be rendered and maintained flame resistant.
This regulation shall not be
construed to prohibit the use of wall or ceiling coverings affixed
directly to the wall or ceiling,
provided the surface will not be readily flammable.
(2)
All approvals of decorative materials shall be limited to one year. The owner
or the
owner's authorized agent shall
file an affidavit with the enforcing officer certifying to the
following:
(i)
The product used will render the decorative material flame resistant in
accordance
with N.F.P.A. Standard 701, 1989
edition.
(ii)
That the product used was applied in accordance with the manufacturer's
specifications.
(iii)
State the date of treatment and warranty period.
(3)
When a doubt exists as to the fire retardant quality or the permanency of
treatment,
material shall be subject to the
field check test as provided in subsection (a)(4).
(4)
(i) Samples, in dry condition, are to be selected for tests and are to be a
minimum of
one and one-half inches (1
1/2") wide and four inches (4") long. The fire exposure shall be the
flame from a common wood kitchen
match (approximate length two and seven-sixteenths inches
(2 7/16"); approximate
weight twenty-nine (29) grams per hundred), applied for twelve (12)
seconds.
(ii)
The test shall be performed in a draft-free and safe location. The sample shall
be
suspended (preferably held with
a spring clip, tongs or some similar device) with the long axis
vertical, with the flame applied
to the center of the bottom edge, and the bottom edge one-half
inch (1/2") above the
bottom of the flame. After twelve (12) seconds of exposure the match is to
be removed gently away from the
sample.
(iii)
During the exposure, flaming shall not spread over the complete length of the
sample
or in excess of four inches
(4") from the bottom of the sample (for larger size samples). There
shall be not more than two (2)
seconds of afterflaming. Materials which break and drip flaming
particles shall be rejected if
the materials continue to burn after they reach the floor.
(b)
The interior finish shall be as regulated or modified by the provisions of the
description of interior finish
in § 23-28.1-5 and shall not exceed the following classifications for
the locations indicated:
(1)
In all vertical means of egress "Class A."
(2)
In all horizontal means of egress "Class B."
(3)
In all other rooms or spaces "Class C."
(c)
Floor coverings must conform to the requirements of the next class lower than
the
classifications above, but in no
instance should they be less than "Class C," except that in
sprinklered buildings all floor
coverings may be "Class C" throughout.
23-28.16-16.
Alarms. -- (a) Every apartment house shall have a fire alarm
system
installed as follows:
(1)
Buildings containing more than three (3) and less than eight (8) living units
shall have
a local fire alarm system as
described in § 23-28.25-4(a).
(2)
Buildings containing eight (8) or more living units shall have a fire alarm
system as
described in § 23-28.25-4(b).
(3)
Buildings classified as high rise (more than six (6) stories or seventy-five
feet (75') in
height) shall have a fire alarm
system as described in § 23-28.25-4(c).
(b)
IN ADDITION: All living units shall have a smoke detection system as described
in
§§ 23-28.34-2 - 23-28.34-4.
23-28.16-17.
Housekeeping. -- All apartment house premises and other
occupancies
within buildings containing
apartment houses shall be kept clean and in tidy condition, and free
from accumulation of combustible
debris or other waste material.
SECTION
19. Chapter 23-28.17 of the General Laws entitled “Industrial, Mercantile,
Business, and Storage Buildings”
is hereby repealed in its entirety.
CHAPTER
23-28.17
Industrial,
Mercantile, Business, and Storage Buildings
23-28.17-1.
Applicability. -- (a) The regulations contained in this chapter
shall apply to
all industrial, mercantile,
business, and storage buildings, as defined in § 23-28.1-5, except such
places as are expressly exempt
in accordance with the provisions of this code.
(b)
Fire escapes and other outdoor stairways, heating, cooking, and ventilating
facilities,
and the use of electric wiring
and appliances shall be covered by special articles related thereto.
23-28.17-2.
Egress facilities required. -- (a) All industrial, mercantile,
business, and
storage buildings shall be
provided with approved egress facilities as required under the
provisions of this code.
(b)
No less than two (2) approved means of egress shall be provided from every
story of
every building, except:
(1)
In business use groups only, not more than two (2) stories in height and not
more than
three thousand square feet (3000
sq. ft.) per floor, the maximum distance of travel to the one
required exit, shall not exceed
seventy-five feet (75'), and the stairs shall be enclosed with one
hour fire resistant material
with three-fourths (3/4) hour fire doors.
(2)
Only one exitway shall be required in buildings in the mercantile use group of
one
story, when the travel distance
to the exit is not more than seventy-five (75) feet and not more
than fifty (50) occupants.
(3)
All occupancies which are licensed for the sale of alcoholic beverages for
consumption on the premises
shall be provided with two (2) means of egress. Where practical
difficulties are encountered in
providing two (2) approved exits in existing occupancies, the local
fire authority may approve an
emergency exit.
(c)
Exits from each floor shall be so located that the maximum length of exitway
access
travel, measured from the most
remote point to an approved exitway along the natural and
unobstructed line of travel,
shall not exceed the distance given in the following table, except
where the area is subdivided
into rooms or compartments, and the egress travel in the room or
compartment is not greater than
fifty feet (50') (one hundred feet (100') in use groups equipped
with an automatic fire
suppression system), the distance shall be measured from the exitway
access entrance to the nearest
exitway. Where complete suppression systems are required under
this code, this subsection shall
apply.
Length of Exitway Access Travel
(Ft.)
Use Group Without Fire
Suppression system
With an approved fire suppression system
High hazard 75
Storage, moderate hazard 200
300
Storage, low hazard 300 400
Mercantile 100 200
Industrial 200 300
Business 200 300
(d)
Exits shall be located remote from each other, providing the best practicable
means
of egress from that story, in
the event fire renders one other exit impassable.
(e)
In existing occupancies of business and/or mercantile use groups with not more
than
twenty-five hundred square feet
(2500 sq. ft.), the one required exit door on the grade floor only
may be allowed to open against
the direction of exit travel where it is deemed impracticable by
the authority having
jurisdiction to swing the door in the direction of travel.
23-28.17-3.
Egress passageways. -- (a) Access to all interior and outside
stairways and
other exits, considered as
approved means of egress, shall be unobstructed and clearly
distinguishable.
(b)
The effective width of the lobby or other enclosed passageways shall be not
less than
three-quarters (3/4) of the
aggregate width of all required exitway stairways leading thereto and
all required exitway doorways
opening into the passageway. The passageways shall have a
minimum width of forty-four
inches (44") and a minimum clear ceiling height of eight feet (8').
(c)
Passageways from inside stairways to the outside shall have the same
fire-resistant
rating as required in stairways,
by this code in § 23-28.7-5(a) and § 23-28.7-7(b).
(d)
All approved egress passageways shall at all times provide free, unobstructed,
and
safe passage to the street or to
a ground area of refuge.
23-28.17-4.
Stairways and other vertical openings. -- (a) Every existing
interior
stairway constituting approved
egress passage from any story of an industrial, mercantile,
business, or storage building
shall be enclosed or be segregated from other portions of the
building by material and
construction of a fire resistant rating of not less than sixty (60) minutes;
provided, that the segregation
shall not be required in sprinklered, non-combustible buildings
connecting three (3) adjacent
stories; and provided further that partitions or segregation shall not
be required for a flights of
stairs connecting two (2) adjacent stories in a non-combustible
building which is not
sprinklered. At least one stairway, and additional stairways where
necessary, shall lead directly
to the outdoors or to an enclosed passageway leading to the
outdoors, constructed to resist
fire to the same degree. One stairway, where necessary, may be
allowed to lead through an open
space of a lobby with ample egress openings to the outside. All
other vertical openings
throughout the buildings shall be enclosed by material with a fire resistant
rating of not less than sixty
(60) minutes. (See § 23-28.17-6 for new construction requirements.)
(b)
(1) Elevators will not be considered as approved means of egress, and all new
elevator shafts shall be
enclosed by non-combustible materials with a fire resistant rating of not
less than two (2) hours,
existing elevators shall be enclosed by non-combustible materials with a
fire resistant rating of not
less than sixty (60) minutes. No opening shall be allowed through the
side wall enclosures for
ventilating or other purposes, except to an outside wall. All doors
servicing elevators shall be
Class "B" label one and one-half (1 1/2) hours in new elevators, and
in existing elevators Class
"B" label one hour, and the doorways shall be made smoketight when
the doors are closed.
(2)
Elevators and elevator shafts shall otherwise be designed, constructed,
maintained,
and ventilated in accordance
with regulations promulgated by the department of labor and
training.
(c)
All stairways in approved egress passages shall have handrails on both sides,
except
such stairs as are less than
three feet (3') in width, which stairs shall have at least one handrail.
(d)
Stairways in approved egress passages in existing buildings for industrial,
mercantile,
business, or storage shall be
not less than thirty-two inches (32") in width and in new buildings,
additions to existing buildings,
or buildings hereafter converted for these purposes, the stairways
shall be not less than
forty-four inches (44") in width, except where a width of thirty-six
inches
(36") may be required for
buildings with single exit requirements.
(e)
The least dimension of landings and platforms shall be not less than the width
of
stairway in new buildings. In
existing buildings the least dimension of landing and platforms shall
be not less than thirty inches
(30").
(f)
Stair treads in approved inside egress passages in existing structures shall
not be less
than eight inches (8")
wide, exclusive of nosing, and risers shall not exceed eight and one-half
inches (8 1/2") in height.
In new buildings, stair treads in approved inside egress passages shall
not be less than eleven inches
(11") in depth, and risers shall not exceed seven inches (7") in
height.
23-28.17-5.
Egress doors. -- (a) Doors in approved egress passages into
stairways and
to the outside shall be so hung
as to open in the direction of exit travel without obstructing the
required width of exitway, but
this requirement shall not be construed to prohibit ground floor
entrance doors swinging both
inward and outward. The doors shall not be so hung as to obstruct
egress passage.
(b)
All doors which open into enclosed exitway stairs, exitway passageways, or
those
which are installed to provide
fire or smoke barriers across corridors, shall be self-closing and be
so maintained or shall be
automatic doors which will close upon activation of an approved smoke
detector. Where egress doors are
arranged to be opened by non-power operated mechanical
devices of any kind, they shall
be so constructed that the door may be opened manually and will
release under a total pressure
of not more than fifteen pounds (15 lbs.) applied in the direction of
egress travel. Power operated
exitway doors shall be capable of being opened with not more than
fifty pounds (50 lbs.) pressure
applied at the normal door knob location when power is lost.
(c)
One side of the opening in fire walls or fire separation walls which are
required to
have a fire-resistance rating of
two (2) hours or more shall be protected with a one and one half (1
1/2) hour self-closing fire door
swinging in the direction of exit travel.
(d)
One-quarter inch (1/4") wired safety glass may be used in approved labeled
opening
protectives with the maximum
sizes described in the following table:
Limiting Size of Wire Glass
Panels
Max. area Max. height Max.
width
Rating-opening sq. in. inches
inches
3 hour, class A door 0 0 0
1 & 1 ½ hr., class B doors
100
¾ hr., class C door 1296 54 54
1 ½ hr., class D door 0 0 0
¾ hr., class E door 720 54 54
Class E window per light 720 54
54
Class F window per light 1296
54 54
(e)
The minimum width of single doors shall provide a clear width of not less than
thirty-
two inches (32") and the
maximum width shall be forty-eight inches (48") nominal. When the
doorway is subdivided into two
(2) or more separate openings, the minimum clear width of each
opening shall be not less than
thirty-two inches (32"), and each opening shall be computed
separately in determining the
number of required units of exit width. A door forty inches (40") in
width shall be deemed the
equivalent of two (2) full units of exit width. The height of doors shall
not be less than six and
two-thirds feet (6 2/3').
(f)
Egress doors leading to the outside or into an enclosed passageway leading to
the
outside, except doors on the
ground floor normally used for entrance, shall be equipped with
approved panic hardware which
will release when normal pressure is applied to the releasing
device in the direction of exit
travel. The releasing device may be a bar or panel extending not
less than two-thirds (2/3) of
the width of the door and placed not less than thirty inches (30") nor
more than forty-four inches
(44") above the floor. They shall be kept closed when not in use.
(g)
Revolving doors shall not be considered as approved means of egress.
23-28.17.
Construction. -- (a) Every industrial, mercantile, business, or
storage building
hereafter constructed, every
addition made to buildings of this type, or every building converted
hereafter to these or any of
these uses, shall be of construction having a two (2) hour fire
resistance rating if more than
three (3) stories above the basement or ground.
(b)
All vertical openings, including stairways and passageways to the outdoors, in
all
new buildings, additions, or
conversions for these uses, shall be enclosed by material and
construction having a two (2)
hour fire rating, except that an enclosure shall not be required for a
flight of stairs in a
noncombustible building when the stairs are in addition to the required two (2)
means of egress and when they
connect only two (2) levels.
23-28.17-7.
Hazardous occupancies. -- (a) The hazard of contents of
mercantile,
industrial, and storage
buildings shall be classified as low, ordinary, or high in accordance with
the following:
(1)
Low hazard contents shall be classified as those of such low combustibility
that no
self-propagating fire therein
can occur and that, consequently, the only probable changes
requiring the use of emergency
exits will be from panic, fumes, smoke, or fire from some external
source.
(2)
Ordinary hazard contents shall be classified as those which are liable to burn
with
moderate rapidity or to give off
a considerable volume of smoke, but from which neither
poisonous fumes nor explosions
are to be found in case of fire.
(3)
High hazard contents shall be classified as those which are liable to burn with
extreme
rapidity or from which poisonous
fumes, or explosions are to be feared in the event of fire.
(b)
In mercantile, industrial, and storage occupancies with high hazard contents,
the state
fire marshal may require
whatever additional safeguards he or she may deem necessary to procure
life safety.
23-28.17-8.
Fire walls and smoke barriers. -- Fire walls or smoke barriers,
or both,
shall be built at the limits in
areas or length defined under travel distance to exits if the building is
planned for larger overall area.
Openings in these walls shall be such as will maintain a full two
(2) hour fire rating and shall
be automatic in operation for fire. Exits within each segregated area
shall be provided as though each
area were a separate building.
23-28.17-9.
Fire-stopping. -- (a) Exterior walls of new or changed frame
construction
and interior stud partitions
shall be fire-stopped at each floor level by a two-inch (2") thick plate
or masonry filling, completely
closing any possible vertical opening from one story to another.
(b)
In existing buildings, exterior walls of frame construction and interior stud
partitions
shall be completely fire-stopped
by a timber of not less than two inches (2") in thickness or other
suitable non-combustible
material completely closing any possible vertical openings, open joist
channels, and stud spaces, at
the ceiling of the basement.
23-28.17-10.
Exit signs. -- Exit signs shall be provided in accordance with
chapter 28.23
of this title as follows:
(1)
All industrial occupancies shall be group type A or B as specified in §
23-28.23-2.
Except those industrial
occupancies with over five thousand square feet (5000 sq. ft.) per floor
shall be group type C as
specified in § 23-28.23-2.
(2)
All mercantile occupancies shall be group type A or B as specified in §
23-28.23-2.
Except those occupancies above
or below street level, and those occupancies of over five
thousand square feet (5000 sq.
ft.) floor area on ground level shall be group type C as specified in
§ 23-28.23-2.
(3)
All business occupancies shall be group type A or B as specified in §
23-28.23-2.
Except those occupancies above
or below the street level and those subject to five hundred (500)
or more total occupants on
ground level, shall be group type C as specified in § 23-28.23-2.
(4)
All storage occupancies shall be group type C as specified in § 23-28.23-2,
except
those occupancies not normally
occupied in structures occupied only in daylight hours with
skylights or windows arranged to
provide during these hours, the required level of illumination,
on all portions of the means of
egress, shall be group type A or B as specified in § 23-28.23-2.
23-28.17-11.
Emergency lighting. -- Emergency lighting shall be provided in
accordance with chapter 28.24 of
this title in the following occupancies:
(1)
All industrial occupancies of over five thousand square feet (5,000 sq. ft.) on
any one
floor.
(2)
(i) All mercantile occupancies of over five thousand square feet (5,000 sq.
ft.) on any
one floor.
(ii)
All mercantile occupancies below or above street level.
(3)
Business occupancies as follows:
(i)
All buildings two (2) or more stories in height above street level.
(ii)
Buildings subject to one thousand (1,000) or more total occupants.
(iii)
In all basement areas of all business buildings.
(4)
All storage occupancies except as follows:
(i)
Storage occupancies when not normally occupied.
(ii)
In structures occupied only in daylight hours with skylights or windows
arranged to
provide, during these hours, the
required level of illumination on all portions of the means of
egress.
23-28.17-12.
Extinguishing equipment required. -- All buildings of the
occupancies
covered by this chapter shall be
provided with proper fire extinguishing equipment adequate for
the areas involved suitably
located. As to type, location, and maintenance, all fire extinguishers
shall be in accordance with
N.F.P.A. Standard 10, 1988 edition.
23-28.17-13.
Sprinklers required. -- Every building of this type built, added
to, or
converted to, which is more than
two (2) stories in height above basement and which is not
constructed of better than a two
(2) hour fire rating, shall be protected by an approved system of
automatic sprinklers installed
and maintained in accordance with N.F.P.A. Standard 13, 1989
edition, and its related
standards.
23-28.17-14.
Fire alarm systems. -- (a) A fire alarm system as described in §
23-28.25-
4(a) shall be installed in all
industrial, mercantile, business, and storage buildings.
(b)
A fire alarm system as described in § 23-28.25-4(b) shall be installed in every
industrial, mercantile,
business, and storage building having a total floor area of more than ten
thousand square feet (10,000 sq.
ft.) per floor or extending three (3) stories or more above grade
level.
23-28.17-15.
Covered malls. -- Covered malls shall be constructed in
accordance with
one of the following options:
(1)
OPTION 1: The covered mall and all buildings connected thereto shall be treated
as a
single building and shall be
subject to the provisions of this code for the specific use group and
type of construction.
(2)
OPTION 2: The mall may be considered to be an "accessible unoccupied open
space"
that separates the construction
into one or more buildings if the following requirements are met:
(i)
The covered mall shall be at least thirty feet (30') in width.
(ii)
The least, unobstructed, horizontal dimension at any place in the covered mall
shall
be ten feet (10').
(iii)
The structural elements of the covered mall shall be of noncombustible or heavy
timber construction.
(iv)
Floor-ceiling assemblies and their supporting columns and beams within
multi-level
covered malls shall be of one
hour fire-resistance rated noncombustible construction.
(v)
The covered mall and all buildings connected thereto shall be provided
throughout
with an approved fire
suppression system. The suppression system in the covered mall shall be
independent of the suppression
systems in the buildings connected to the covered mall.
(vi)
Standpipes shall be provided at two hundred foot (200') intervals along the
covered
mall.
(vii)
The covered mall shall be provided with breakout panels, skylights, mechanical
ventilation, or other approved
methods of providing for ventilation of products of combustion in
case of fire.
(viii)
Multi-level covered malls shall be sufficiently open, so that a hazardous
condition
occurring on one level will be
readily visible to occupants on all levels.
(ix)
(A) One-half (1/2) of the required number of exitways from each tenant area
shall
lead to the outside by means
other than through the covered mall.
(B)
EXCEPTION: Tenant areas less than twenty-five hundred square feet (2500 sq.
ft.) in
area.
(x)
Exitways from the covered mall shall be located so that the length of travel
from any
mall-tenant area entrance to the
exitway shall not exceed two hundred feet (200').
(xi)
Exit signs and directional (exit) signs indicating the non-mall exitways shall
be
located so as to be easily
visible from the mall-tenant area entrance.
(xii)
Combustible kiosks or other similar structures shall not be located within the
covered mall.
(xiii)
Kiosks or similar areas (temporary or permanent) located within the covered
mall
shall be provided with approved
fire suppression and detection devices as required by the
authority having jurisdiction.
(xiv)
The minimum horizontal separation between kiosks and similar areas and
buildings
connected to the covered mall
shall be twenty feet (20').
23-28.17-16.
[Repealed.]
SECTION
20. Chapter 23-28.18 of the General Laws entitled “Theatres” is hereby
repealed in its entirety.
CHAPTER
23-28.18
Theatres
23-28.18-1.
Applicability. -- (a) The regulations contained in this chapter
shall apply to
all theatres as defined in §
23-28.1-5, except only such places as are expressly exempt in
accordance with the provisions
of this code.
(b)
(1) All new theaters hereafter constructed, every addition hereafter made to a
theater
and any building hereafter
converted for use in whole or in part for a theater and any existing
theatre shall be in accordance
with N.F.P.A. Standard 101, 1988 edition, Chapter 8 and 9 and
their related chapters and
standards.
(2)
EXCEPTION: Previously approved theatres meeting the requirements of earlier
editions and amendments of this
chapter may be continued in use subject to the approval of the
state or local fire marshal.
23-28.18-2.
Admissions restricted and supervised. -- (a) Admission to all
theaters
shall be supervised by the
responsible management or person or persons delegated with the
responsibility by the management
and shall not allow admissions in excess of the maximum
occupancy permitted.
(b)
The maximum occupancy of all areas shall be conspicuously posted by means of a
sign furnished by the state fire
marshal's office.
23-28.18-3.
Fire alarms. -- (a) A fire alarm system as prescribed in §
23-28.25-4(b)
shall be installed in every
theater.
(b)
In addition to the location prescribed in § 23-28.25-4(b), a manual station
shall be
installed on every stage and near
any fixed lighting control panel and in every projection booth.
(c)
Manual stations, with the approval of the authority having jurisdiction, may be
omitted from exits and installed
in such locations as the ticket booth or the refreshment stand.
(d)
Alarm sounding devices and flashing lights shall be installed where required by
the
authority having jurisdiction.
Voice communication evacuation systems are required and shall
interrupt all audio systems.
23-28.18-4.
Housekeeping. -- All theaters, egress passages therefrom, and
adjacent
rooms and spaces not segregated
from the theater or passage by closed fire resistant construction,
shall be kept clean and in tidy
condition, and free from combustible debris. No premises shall
contain storage of flammable
liquids or liquefied petroleum gas, and no cooking or use of open
flame or smoking shall be
allowed without adequate provisions for protection of the premises and
occupants against fire.
SECTION
21. Sections 23-28.19-2, 23-28.19-3, 23-28.19-4, 23-28.19-5, 23-28.19-6, 23-
28.19-7, 23-28.19-8, 23-28.19-9,
23-28.19-10, 23-28.19-12, 23-28.19-17, 23-28.19-18 and 23-
28.19-19 of the General Laws in
Chapter 23-28.19 entitled “Tents-Grandstands-Air-Supported
Structures” are hereby repealed.
23-28.19-2.
Proximity to buildings - Wind resistance - Flame-proofing of materials.
-- (a) Tents exceeding one hundred twenty square feet
(120 sq. ft.) in area shall not be erected in
the fire limits defined by any
city or town.
(b)
All tents shall be constructed and erected to withstand a wind pressure of ten
(10)
pounds per square foot.
(c)
(1) All canvas, curtains, cloth, rope, netting, and decorative material shall
be rendered
flame resistant. The fire
department shall require a certificate from the manufacturer that the
material has been tested by a
laboratory of recognized standing, and found to be permanently
flame resistant. The material
shall have proper identification markings and shall not have been
waterproofed subsequent to the
issuance of the certificate by a process which increases its
flammability. All materials
shall be labeled with a number that corresponds to the certificate of
flame resistance.
(2)
A certificate shall accompany each piece of material used in a given tent, and
each
piece of tent shall have
corresponding identification number and/or lot numbers, said
identification numbers or lot
numbers to be located in a place readily visible to inspection.
Materials certified to be flame
retardant for the expected life of the material shall have an
effective life of ten (10)
years, for the purposes of this section only. After ten (10) years, all
materials shall be required to
be recertified by a laboratory of recognized standing and shall be
required to meet or exceed the
requirements of the small scale test contained in the standard
methods of Fire Tests for Flame
Resistant Textiles and Films, N.F.P.A. 701, or its equivalent in
effect at that time.
(3)
Each certificate shall contain the following information:
(i)
Name of manufacturer of material.
(ii)
Address of manufacturer of material.
(iii)
Description of item certified.
(iv)
Name and address of applicator of flame-resistant finish.
(v)
Name of laboratory of recognized standing conducting flame-resistance test.
(vi)
Government certified laboratory number.
(vii)
Name and type of test performed, or statement that materials meet the
requirements
of the small scale test
contained in the standard methods of Fire Tests for Flame Resistant
Textiles and Films, N.F.P.A.
701.
(viii)
Color, weight and type of flame resistant material.
(ix)
Life expectancy of flame resistant treatment.
(4)
No certificate shall be acceptable for material which is more than three (3)
years old.
Materials more than three (3)
years old may be accepted by the fire department provided the
materials meet the requirements
of the small scale test contained in the Standard methods of Fire
Tests for Flame Resistant
Textiles and Films, N.F.P.A. 701.
(d)
The placement of tents relative to each other and to other structures shall be
at the
discretion of the local fire
authority with consideration given to occupancy, use, opening,
adequate egress, exposure, and other
similar factors.
23-28.19-3.
Exemption from flameproofing where public not admitted. -- The
provisions of this chapter
relative to flameproofing shall not be construed to apply to any tent
used by the operator of a
concession, if the general public is not admitted within the confines of
the tent.
23-28.19-4.
Seats, jacks, and appurtenances. -- (a) Where tents are used as
places of
assembly with a capacity of two
hundred (200) or more persons, the seats, chairs, jacks, and other
appurtenances, if of wood, must
be suitably treated to reduce the fire hazard by a suitable
application of a surface
treatment or by impregnation.
(b)
No tier of seats shall rise to a height exceeding twelve feet (12').
23-28.19-5.
Lighting - Electric wiring. -- All lighting shall be by
electricity, with lamps
properly guarded to prevent
ignition by radiation. In places of assembly, emergency lighting
facilities must be as provided
in the building and electrical codes for theatres. All wiring
conductors shall be of a type
approved for the class of service and be protected against over-
current. Loads for feeders and
branch lines shall be limited in accordance with the carrying
capacities as specified in the
national electrical code. When deemed necessary by the electrical
inspector, conductors shall be
trenched and covered. All electrical installations on the premises
must be tested and approved by
the state board of examiners of electricians.
23-28.19-6.
Sleeping and mess tents. -- Tents in which persons sleep, and
mess tents,
shall not be used for any
exhibition purpose.
23-28.19-7.
Number, size, and location of exits. -- (a) A minimum of two (2)
exits
shall be provided where a tent
is used as a place of assembly with a capacity of one hundred (100)
or more persons, in any tent
where ten (10) or more persons sleep, and in any tent involving
conditions hazardous to life.
When tents are used as a place of assembly with a capacity in excess
of five hundred (500) people,
each exit shall be not less than nine feet (9') wide, and the number
of exits shall be based upon the
ratio of one exit to each five hundred (500) persons or major
fraction thereof which the tent
is designed to seat or hold. The exits shall be placed not over
seventy-five feet (75') apart,
and exitways serving the exits shall be not less than nine feet (9') in
clear width.
(b)
Where two (2) or more tents adjoin, with an opening between, an exit to the
outside
shall be provided at the point
of juncture.
23-28.19-8.
Width and location of aisles. Aisles not less than forty-four
inches (44") in
width shall be provided so that
there are not more than ten (10) seats between any seat and an
aisle. Where individual seats
are not provided, a distance of eighteen inches (18") along any
bench or platform shall
constitute one seat in computing required aisles and exits. Every aisle
shall lead directly to an
exitway, or to a cross aisle running parallel with the seat rows and leading
to an exitway. The aisles shall
not be less in width than the combined width of aisles that they
connect. In tents having a
capacity of one thousand (1,000) or over, facilities must be provided
for admitting patrons on
opposite sides or ends convenient to their seating locations.
23-28.19-9-.
Use of aisles and exits - Obstruction. -- Aisles and exitways
shall be used
only for passage to and from
seats and for vendors carrying their wares. No poles or ropes shall
be permitted in aisles and
exitways, and all exitways and exits shall be kept unobstructed at all
times and so maintained as to
not present a hazard from fire. The area for a distance of twenty
feet (20') beyond any exit shall
be kept free and clear and be made readily passable.
23-28.19-10.
Exit signs. -- All tents used for the gathering of more than
seventy-five
(75) people shall be provided
with exit signs in accordance with chapter 28.23 of this title. Group
type C specified in § 23-28.23-2
shall be required.
23-28.19-12.
Motion pictures. -- No motion picture film of the nitrocellulose
type shall
be used, stored, or exhibited
within a tent. The exhibitions, when held within a tent, shall be
restricted to the use of safety
film only.
23-28.19-17.
Outdoor performances - Rules and regulations. -- The commission
shall
make such rules and regulations
as seem necessary concerning the seating, safety, and licensing
of any features connected with
outdoor performances of any kind. After advertising and public
hearing, the rules and
regulations shall be part of the provisions of this safety code.
23-28.19-18.
National standards. -- All other areas concerning tents,
grandstands, or air
supported structures not
specifically covered in the R.I. fire code or in this chapter shall be in
accordance with N.F.P.A.
Standard 102, 1986 edition.
23-28.19-19.
Emergency lighting. -- Emergency lighting shall be required for
gatherings of more than
seventy-five (75) persons. Emergency lighting shall be provided in
accordance with chapter 28.24 of
this title.
SECTION
22. Sections 23-28.20-1, 23-28.20-2, 23-28.20-3, 23-28.20-4 and 23-28.20-5
of the General Laws in Chapter
23-28.20 entitled “Storage and Handling of Liquefied Petroleum
Gas” are hereby repealed.
23-28.20-1.
Purpose. -- The purpose of this chapter is to regulate the sale
or dispensing
at wholesale or retail of
liquefied petroleum gases (LPG) in the interest of safeguarding lives and
property.
23-28.20-2.
Applicability -- (a) The provisions in this chapter shall apply
to all persons,
firms, corporations,
partnerships, voluntary associations, and government agencies other than
federal storing or handling
liquefied petroleum gases, and to the owner or lessee of any building
or equipment in or on which
liquefied petroleum gas is stored or handled, and shall apply to
motor vehicles that are used for
the transportation of liquefied petroleum gas and are intended to
provide the requirements for the
design, construction, and operation of tank motor vehicles and
certain features of tank motor
vehicle chassis for the transportation of liquefied petroleum gases.
(b)
These provisions shall not apply to the transportation of liquefied petroleum
gas
when in conformity with the
interstate commerce commission regulations nor to liquefied
petroleum gas piping and
installations of public utilities under the supervision of the division of
public utilities.
23-28.20-3.
Administration. -- The administration of this chapter is vested
in the state
fire marshal who shall have the
power to issue the proper rules and regulations to administer this
chapter.
23-28.20-4.
Definitions. -- For the purpose of this chapter, the following
words shall
have the meanings respectively
assigned to them.
(1)
(i) "Approved" means approved by the marshal.
(ii)
The approval of any equipment, container, or appliance will be based on its
compliance with the accepted
principles or recognized engineering practice, and the marshal may
consider as approved any
equipment, container, or appliance which meets the standards set up by
any of the following
organizations:
(A)
Underwriters' laboratories, inc. (U.L.)
(B)
National fire protection association (N.F.P.A.)
(Pamphlets
58, 1989 edition; 59, 1989 edition)
(C)
National board of fire underwriters (N.B.F.U.)
(D)
Interstate commerce commission (I.C.C.)
(E)
American society of mechanical engineers (A.S.M.E.)
(F)
American petroleum institute (A.P.I.)
(G)
American gas association (A.G.A.)
(H)
American standards association (A.S.A.)
(2)
"Container" means all vessels such as tanks, cylinders, or drums used
for transporting
or storing liquefied petroleum
gases.
(3)
"Equipment" refers essentially to the container or containers, major
devices such as
vaporizers, carburetors, safety
relief valves, excess flow valves, regulators, etc., and
interconnecting piping.
(4)
"Marshal" means the state fire marshal or his or her authorized
representative.
23-28.20-5.
References to standards mandatory. -- References to other
standards in
these provisions shall be
considered mandatory.
SECTION
23. Section 23-28.20-8 of the General Laws in Chapter 23-28.20 entitled
“Storage and Handling of Liquefied
Petroleum Gas” is hereby amended to read as follows:
23-28.20-8.
Application for permit. -- (a) The applicant must submit an
application to
the state fire marshal, on a form
provided by the state fire marshal. Upon receipt of the
application, the state fire marshal
will schedule a fire safety inspection of the facility in
accordance with N.F.P.A. Standard
58, 1989 edition, and N.F.P.A. 59, 1989 edition 1, 2003
edition, as amended by the Fire
Safety Code Board of Appeal & Review.
(b)
The permit will be issued provided the applicant is in compliance with
applicable
codes.
SECTION
24. Chapter 23-28.21 of the General Laws entitled “Fuel Oil Installations” is
hereby repealed in its entirety.
CHAPTER
23-28.21
Fuel
Oil Installations
23-28.21-1.
Definitions. For the purpose of this chapter, the following words
shall have
the meanings respectively
assigned to them:
(1)
"Enforcing officer" shall be the chief of the fire department of the
several cities,
towns, and the fire district
wherein any violation of the provisions of this chapter may take place.
(2)
"Heavy fuel oil" means any oil used as fuel, complying with
specifications under
commercial standards of grades
No. 5 and No. 6.
(3)
"Light fuel oil" means any oil used as fuel, complying with
specifications under
commercial standards of grades
No. 1, No. 2, and No. 3.
(4)
"Lowest story" means a basement or cellar, and if there is no
basement or cellar, the
first story.
(5)
"Oil burner" means any device designed to burn fuel oil having a
flash point of one
hundred ten degrees (110ø)
Fahrenheit or higher, and having a fuel tank or container with a
capacity of more than ten (10)
gallons connected thereto.
(6)
"Oil burning equipment" means oil burners and all tanks, piping,
control devices, and
accessories connected to the
burner.
(7)
"Permit" means any permit required by these provisions and issued by
the enforcing
officer.
(8)
"Person" means an individual person, firm, or corporation,
co-partnership or
association.
(9)
"Power burners" means any burner that requires electricity, steam or
air pressure for
its operation.
23-28.21-2.
National standard. -- Fuel oil installations shall be in
accordance with
N.F.P.A. Standard 31, 1987
edition.
23-28.21-3.
-23-28.21-18 [Repealed.]
SECTION
25. Sections 23-28.22-1, 23-28.22-3 and 23-28.22-5 of the General Laws in
Chapter 23-28.22 entitled
“Flammable and Combustible Liquids ” are hereby repealed.
23-28.22-1.
Applicability. -- (a) (1) This chapter shall apply to service
stations, bulk
plants and service stations,
aboveground storage for bulk plants and service stations, underground
storage for bulk plants and
service stations, and piping for bulk plants and service stations.
(2)
These provisions shall apply to all persons, co-partnerships, corporations, and
voluntary associations storing,
physically handling, or using flammable liquids, and shall also
apply to the owner of any
building or premises, in or on which flammable liquids are stored or
kept, and to the owner of any
equipment used in storing or physically handling flammable liquids.
The word "owner" shall
be given its ordinary meaning and be held to include any trustees, a
board of trustees of the
property, or any person having a freehold interest in property, but a
mortgagee of the property shall
not be deemed an owner thereof.
(b)
These provisions shall apply to the construction or remodeling of buildings and
plants for flammable liquids,
and shall apply to new installations and the replacement of
equipment for flammable liquids.
These provisions shall also apply to existing buildings, plants,
or equipment, which were not
previously but are hereafter used for flammable liquids, but shall
not apply to existing buildings,
plants, structures, or equipment now used for flammable liquids
unless the enforcing officer
shall determine that the conditions constitute a distinct hazard.
(c)
Where the circumstances or conditions of any particular case falling within the
scope
of these provisions are unusual
and such as to render the strict compliance with these regulations
impracticable, the enforcing
officer having jurisdiction may permit the modification as will
provide a substantially
equivalent degree of safety; provided, however, that should the enforcing
officer refuse to grant the
modification as may be requested, then and in that event an application
may be submitted to the board of
appeal and review.
23-28.22-3.
Storage of flammable liquids - Plans, permits, and inspections. --
(a)
Three (3) complete sets of plans
and specifications, certified by an engineer, shall be submitted to
the enforcing officer for any
proposed installation or addition to a present installation for
aboveground storage.
(b)
When the installation or addition is completed, the applicant shall notify the
enforcing officer, and an
inspection shall be made to determine that the installation or addition
complies with these provisions.
Underground tanks shall not be covered from sight until the tank
and the underground
appurtenances thereto have been inspected and approved by the enforcing
officer. In the absence of
unusual circumstances, the inspection and approval or disapproval of
the underground tanks shall be
completed within two (2) working days from the date of the
receipt of the notification by
the enforcing officer.
23-28.22-5.
Construction and use. -- The construction, installation, use,
storage, and
maintenance of facilities
storing, using, and dispensing flammable and combustible liquids within
the scope of this chapter shall
be in accordance with N.F.P.A. Standard 30, 1987 edition, except
for self-service dispensing
stations which shall be subject to the additional provisions contained
in this chapter.
SECTION
26. Chapter 23-28.23 of the General Laws entitled “Exit Signs” is hereby
repealed in its entirety.
CHAPTER
23-28.23
Exit
Signs
23-28.23-1.
Exit signs location. -- (a) Where required by the provisions of
the Rhode
Island Fire Safety Code,
chapters 28.1 - 28.39 of this title, all required means of egress shall be
marked with a readily visible
sign. Access to exits shall be marked by readily visible signs in all
cases where the exit or way to
reach it is not immediately visible to the occupants and in any case
where required by the applicable
provisions of the Rhode Island fire code for individual
occupancies.
(b)
Every required sign marking an exit or way of exit access shall be so located
as to be
readily visible. No decorations,
furnishings, or equipment which impair visibility of an exit sign
shall be permitted, nor shall
there be any brightly illuminated sign (for other than exit purposes),
display, or object in or near
the line of vision to the required exit sign of such a character as to
detract attention from the exit
sign.
23-28.23-2.
Approved types. -- (a) This Fire Safety Code, chapters 28.1 -
28.39 of this
title, recognizes three (3)
types of exit signs:
(1)
Group A: Externally illuminated.
(2)
Group B: Internally illuminated.
(3)
Group C: Internally illuminated with provision for standby power operation.
(b)
The type of sign for any given occupancy shall be as specified in the Fire
Safety
Code. All signs shall be
constructed of noncombustible material and securely fastened to the
building structure. Every exit
sign shall have the word "EXIT" in plainly legible letters at least
six
inches (6") in height with
strokes not less than three-fourths inches (3/4") wide and shall be of
greater height and width when
necessary for legibility. Signs shall have either red outlines on a
white background or, with metal
stencil cutout type, shall be light natural metal color
background. Exit signs shall be
visible from the exitway access and, when necessary, shall be
supplemented by directional
signs in the access corridors indicating the direction and way of
egress.
23-28.23-3.
Vertical mounting limitations. -- Exit signs and direction signs
shall be
mounted no higher than ten feet
(10') above the floor, nor lower than six and one half feet (61/2')
above the floor, so as to
provide an unobstructed view.
23-28.23-4.
Recognized type. -- Internally illuminated exit signs shall be
listed by the
Underwriter's Laboratories, Inc.
and/or by Factory Mutual Research Corporation or any other
recognized testing laboratory
satisfactory to the authority having jurisdiction.
23-28.23-5.
Non-exit door sign. -- Any door, passage, or stairway which is
neither an
exit nor a way of exit access,
and which is so located or arranged as to be likely to be mistaken
for an exit, shall be identified
by a sign reading "NOT AN EXIT" or similar designation, or shall
be identified by a sign
indicating its actual character, such as "TO BASEMENT",
"STOREROOM",
"LINEN CLOSET", and the like.
23-28.23-6.
Illumination. -- Illumination of all required EXIT signs shall be
adequate
and of a character to insure
that signs can be easily read under normal conditions whenever the
space served is occupied. The
level of light provided on the exposed face of the sign shall be not
less than five (5) foot-candles.
23-28.23-7.
Independent power sources. -- Where the occupancy requires
emergency
lighting, internally illuminated
EXIT signs shall be arranged to automatically transfer to the
standby source of power upon
interruption of the normal source of power to the EXIT sign.
Standby power shall be sized and
maintained to operate the EXIT sign for a minimum of ninety
(90) minutes.
23-28.23-8.
Installation. -- Internally illuminated exit signs shall be
connected in
accordance with the N.F.P.A.
Standard 70, 1990 edition.
23-28.23-9.
[Repealed.]
SECTION
27. Chapter 23-28.24 of the General Laws entitled “Emergency Lighting” is
hereby repealed in its entirety.
CHAPTER
23-28.24
Emergency
Lighting
23-28.24-1.
Applicability. -- (a) This chapter and the emergency 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 emergency lighting; and to
existing buildings which are
altered or renovated to an extent equal to or in excess of fifty percent
(50%) of its market value in a
one-year period as determined by a qualified appraiser. Existing
buildings which have emergency
lighting which was in compliance with the requirements of the
earlier edition of the Fire
Safety Code shall not be required to comply with this chapter.
(b)
Existing buildings which are not in compliance with the emergency lighting
system
requirements of the earlier
edition of the Fire Safety Code shall be required to install an
emergency lighting system in
accordance with this chapter and the emergency lighting sections of
the several occupancy chapters.
All electrical work shall be performed as provided by the
standards of N.F.P.A. Standard
70, 1990 edition and in accordance with regulations prescribed by
the authority having
jurisdiction.
23-28.24-2.
Areas where required. -- Emergency lighting where required
within the
occupancies as described in the
Rhode Island Fire Safety Code, chapters 28.1 - 28.39 of this title,
shall be installed in the
following areas or devices: All hallways, ramps, runways, passageways,
stairways, fire towers, lobbies,
outside of all building exits used as means of egress, rooms which
accommodate seventy-six (76) or
more people, illuminated exit signs, boiler rooms, above
landings of fire escapes,
emergency lighting equipment, stage lighting boards, location of main
service distribution equipment,
projection rooms, hospital operating rooms, transformer vaults,
and new or rebuilt passenger
elevator installations.
23-28.24-3.
Intensity of illumination. -- (a) Emergency lighting systems
shall produce
and maintain for a period of at
least one and one-half (11/2) hours a minimum intensity of
illumination of not less than
one foot-candle measured at floor level and maintained everywhere
along the required egress path.
There shall be adequate overlap of illumination sources to ensure
that no areas will be left in
darkness due to the failure of a light element.
(b)
In places of assembly for the exhibition of motion pictures or other
projections by the
means of directed light, the
illumination of floors of exitway access areas may be reduced during
the period of projection to not
less than one-half (1/2) foot-candle. Where unit storage battery
systems utilizing floor or
spotlight type of distribution is used, the distance between adjacent
units shall not exceed fifty
feet (50'), and the emergency lighting shall be projected towards exits,
and located so as to distribute
light over the entire floor area reducing glare and sharp shadows to
a minimum.
23-28.24-4.
General requirements for emergency lighting systems - Approved
system. -- The authority having jurisdiction shall approve all
emergency systems and equipment
for use of the systems. Before
installation of any emergency system required by the Fire Safety
Code, chapters 28.1 - 28.39 of
this title, commences (and regardless of what any other authority
may require), complete system
design details, inclusive of, but not limited to, a description of
system operation and a
description of the components of the system and their location within the
projected building shall be
submitted to the authority having jurisdiction. In addition to providing
for the mandatory emergency
lighting and power essential for safety to life and property, the
emergency system may provide
energy for other functions considered essential which shall be
connected to a second branch of
the main source of emergency power. Optional functions and
equipment shall not be connected
to the same branch as essential emergency lighting and power
circuits.
23-28.24-5.
Illumination methods. -- (a) The source of energy for emergency
lighting
and power shall be one or a
combination of the following:
(1)
Central storage battery system.
(2)
Engine generator system.
(3)
Unit storage battery system.
(b)
The energy for emergency and regular service shall travel independent circuits
in
separate conduits connected only
by approved transfer equipment. The control of the emergency
source shall be fully automatic
and not dependent upon the manual operation of any switch or
device. The wiring of the
emergency system shall be so arranged that no area requiring
emergency lighting can be left
in total darkness if there is a loss of the normal power source to
that area. All emergency
lighting systems shall provide full illumination within ten (10) seconds
after normal source failure.
(c)
(1) The total connected emergency load shall not be greater than that which the
system is designed to carry for
the period of one and one half (11/2) hours. The reinstallation of
emergency lighting systems in
buildings other than where originally installed is prohibited except
when permission is specifically
granted by the authority having jurisdiction after determination of
the effectiveness of the system.
Emergency throwover switches and equipment shall be
interlocked so that no line or
phase of the emergency source of supply shall be connected to any
line or phase of the normal
supply.
(2)
EXCEPTION: Grounded neutrals may be interconnected.
(d)
All systems shall be provided with a test switch to simulate a power failure to
the
emergency throwover switch or
equipment. A complete test of all emergency systems and
inspection of all circuits for
satisfactory operations shall be made at least once each week for
generators and once each month
for batteries; provided, however, that when buildings or rooms
are used less than once a week,
tests shall be made within one hour prior to the opening of the
room or building on each day of
use. A record of tests shall be maintained and shall be available
for inspection. No building or
room within the scope of these regulations shall be used unless
both regular and emergency
sources of illumination are available.
23-28.24-6.
Signals -- Signal devices shall be provided (in a location
readily observable
to operating personnel) to
operate for the following purposes:
(1)
Audible and visible signal shall be provided to give anticipatory warning of a
malfunction of the emergency or
auxiliary source due to a high engine temperature or low
lubricating oil pressure.
(2)
To indicate, by a visual signal, that the battery or generator set is in
carrying load.
(3)
To indicate, by a visual signal, that a battery charger is functioning
properly.
23-28.24-7.
Central storage battery systems. -- (a) Central storage battery
systems
shall be in accordance with the
N.F.P.A. Standard 70, 1990 edition and the following subsections,
except that alkali and other dry
type batteries shall not be used.
(b)
The charging device shall be capable of placing the batteries in a state of
full charge
within twelve (12) hours after
restoration of power following a power failure. Each time the
emergency lighting system is
used because of the failure of the normal power supply, a charge at
maximum rate shall be given the
battery as often as necessary to assure its maintenance in a fully
charged condition. Such chargers
shall be automatically returned to the trickle rate of charge
when the battery has reached a
state of full charge. A visual signal mounted on the control cabinet
shall indicate when the
batteries are being charged at the high rate.
(c)
Systems shall be installed so that they can be readily tested, inspected, and serviced
and shall be maintained in
satisfactory working condition. Wiring shall be of adequate diameter
to provide sufficient voltage,
not less than that necessary for minimum required illumination.
(d)
All central storage battery systems shall include a voltmeter which shall
indicate the
voltage of the battery at all
times.
(e)
The nameplate shall contain model number, capacity of the system in watts for
ninety
(90) minutes at not less than
eighty-seven and one half percent (87.5%) of system nominal
voltage, and rated nominal
voltage and current.
(f)
All storage battery systems shall be provided with a device and so located as
to emit
an audible and visual signal
when an open circuit exists between the trickle charger and the
battery. In lieu of the signals
required above, the voltmeter required shall have zones plainly
marked as follows, indicating:
(1)
A marked zone to indicate proper trickle (float) charge voltage.
(2)
A marked zone to indicate a failure of the trickle charger or that the battery
is
discharging into the emergency
lighting circuit.
(3)
An open circuit between the trickle charger and battery during normal float
operation.
(g)
The batteries of emergency lighting systems shall not be used for any other
purpose
unless approved by the authority
having jurisdiction.
23-28.24-8.
Unit storage battery systems. -- (a) Unit storage battery systems
shall be
in accordance with the N.F.P.A.
Standard 70, 1990 edition, and the following subsections, except
that:
(1)
A flexible cord and plug connection shall not be used.
(2)
Alkali and other dry type batteries shall not be used.
(b)
Emergency lighting units of this class shall be self-contained. Batteries,
relays,
charging equipment, and controls
shall be assembled in a well ventilated substantial
noncombustible cabinet.
(c)
The charging device shall be capable of placing the batteries in a state of
full charge
within twelve (12) hours after
restoration of power following a power failure. Each time the
emergency lighting system is
used because of the failure of the normal power supply, a charge at
maximum rate shall be given the
battery as often as necessary to assure its maintenance in a fully
charged condition. Such chargers
shall be automatically returned to the trickle rate of charge
when the battery has reached a
state of full charge. A visual signal mounted on the control cabinet
shall indicate when the
batteries are being charged at the high rate.
(d)
Units shall be mounted so that they can be readily tested, inspected, and
serviced and
shall be maintained in
satisfactory working condition. Wiring shall be of adequate diameter to
provide sufficient voltage, not
less than that necessary for required illumination.
(e)
The nameplate shall contain model number, capacity of the system in watts for
ninety
(90) minutes at not less than
eighty-seven percent (87%) of system nominal voltage, and rated
nominal voltage and current.
23-28.24-9.
Engine generator systems. -- (a) Engine generator systems shall
be in
accordance with the N.F.P.A.
Standard 70, 1990 edition, and the following subsections.
(b)
Gasoline operated engine generator systems, when located within a building,
shall be
enclosed within a dedicated room
of two (2) hour fire-resistant construction containing no other
electrical equipment. Door
openings shall be provided with a six inch (6") sill above the floor,
and approved automatic
self-closing class B label one and one half (11/2) hour door and door
assembly fire doors which shall
open inward. Diesel, natural, manufactured, or liquefied
petroleum gas operated engine
generator systems may be located in an appropriate area, as
approved by the authority having
jurisdiction.
(c)
The main fuel supply and the fuel tank shall be installed in accordance with
the Fire
Safety Code.
(d)
A minimum size reservoir for efficient operation may be stored in the room for
diesel
and gas operated engines. A
reservoir tank not exceeding one gallon capacity to insure minimum
delay in starting may be used
for gasoline operated engines.
(e)
Engine generators and controls shall be installed in a location permitting
ready
accessibility of parts for
repair, maintenance, cleaning, replacement, and testing.
(f)
Gravity feed to fuel to carburetion or compression ignition engines is
prohibited,
except for a reservoir tank as
provided above.
(g)
Systems using natural, manufactured, or liquefied petroleum gas as fuel shall
have
suitable pressure reducing and
regulation devices in the fuel line and shall have a normally closed
solenoid valve connected in the
line on the high pressure side of the engine gas regulator which
shall open automatically upon
engine start and remain open until engine is shut down.
(h)
(1) Exhaust pipes shall be of sufficient strength to withstand the service and
shall be
so connected to the engine to
prevent excessive heat, emission of sparks, flame, or gas within the
building. They shall be adequately
supported throughout their run and shall terminate outside the
building at a point where a pipe
is not directed against any combustible material or in close
proximity to fuel supply lines.
Exhaust pipes shall not be connected into chimneys or flues,
except that a separate exhaust
stack may be introduced into an existing flue provided the former
extends to the top of the flue
and the latter does not contain highly corrosive gasses, such as
products of combustion from gas,
coal, or oil-burning appliances.
(2)
An effective drain device shall be provided to permit prompt removal of exhaust
condensation.
(i)
Where batteries are used to furnish energy for cranking, they shall be of
sufficient
capacity to start the engine
within five (5) seconds and to crank the engine continuously for a
period of at least five (5)
minutes at a speed sufficient to start the engine. All engine-starting
batteries shall be of the
approved type and properly maintained.
(j)
Systems shall be equipped with a two-rate charger with a trickle rate capable
of
maintaining the batteries fully
charged and a high rate capable of replacing within a twenty-four
(24) hour period the charge
taken out of the batteries by a five (5) minute continuous cranking
period. The charger shall have
an ammeter indicating the trickle rate of charge and a pilot light to
indicate when the high rate of
charge is being applied.
(k)
Low oil pressure and high water temperature alarms shall be required.
(l)
A voltmeter shall be provided to indicate the voltage being generated. When
polyphase systems are used, the
voltmeter shall indicate all line voltages, either line-to-line or
lines-to-neutral.
(m)
All engines shall be provided with a nameplate setting forth the name of the
manufacturer, model number,
power (watts or KW) rating, current rating, and voltage rating.
SECTION
28. Sections 23-28.25-2, 23-28.25-3, 23-28.25-4, 23-28.25-5, 23-28.25-6, 23-
28.25-7, 23-28.25-8 and 23-28.25-9
of the General Laws in Chapter 23-28.25 entitled “Fire
Alarm Systems” are hereby
repealed.
23-28.25-2.
Authority having jurisdiction. -- The authority having
jurisdiction, for the
purpose of this chapter only,
shall be the state fire marshal or his or her designee and those chiefs
of the fire departments, the
superintendent of fire alarms, or directors of communications certified
by the state fire marshal as
prescribed by § 23-28.2-6.
23-28.25-3.
Approval. -- Before installation or alteration of any fire alarm
system
required by this Fire Safety
Code, chapters 28.1 - 28.39 of this title, commences and regardless of
what any other authority may
require, complete system design details, inclusive of, but not
limited to, a description of
system operations and a description of the components of the system
and their location within the
protected building shall be submitted to the authority having
jurisdiction and shall fully
comply with the contents of the chapter.
23-28.25-4.
Types of systems. -- (a) Local systems. (1) A local supervised
system, for
the purpose of this Fire Safety
Code, chapters 28.1 - 28.39 of this title, is defined as consisting of
a power limited fire alarm panel
listed by UL or FM approved, at least one manual pull station
marked "local alarm not
connected to fire dept.," a one hundred ninety degree (190ø) to two
hundred degree (200ø) F. fixed
temperature thermodetector installed in kitchens, boiler rooms,
and accessible attics, one
hundred thirty-five degree (135ø) to one hundred forty degree (140ø) F.
thermodetectors in all utility,
mechanical, storage, and maintenance rooms and smoke detectors in
stairwells and common corridors
and top of all stairwells and elevator shafts and elevator
landings. Detectors shall be
installed in spaces of twenty-four inches (24") or more above
suspended ceilings and in
accordance with NFPA 72E, 1987 edition, § 2-6.4 and shall be on a
separate zone. Additional
detectors may be required in areas deemed essential to life safety by the
authority having jurisdiction. A
minimum of twenty-four (24) hour battery standby is required for
this local system. Wiring must
be enclosed in walls and ceilings or mechanically protected by
metal raceway or MC type cable.
A minimum of No. 16 awg solid wire listed for fire alarm use
with insulation rated at one
hundred five degree centigrade (105° C.) shall be used for all local
fire alarm systems. Class
"B" wiring using an end of line resistor installed on terminal strips
in
the control panel for both
initiating and signalling circuits shall be used for all local systems. All
detectors, horns, and pull
stations shall be mounted on approved junction boxes. Installation of
this system shall be in
compliance with NFPA Standards 72A, 1987 edition, and 72E, 1987
edition § 23-28.25-5 and §
23-28.25-6 of this code. The activation of the manual pull station(s) or
the automatic activation of any
detector or suppression system shall sound a combination horn
strobe device(s) so located as
to be effectively heard above all other sounds by all occupants in
every occupied space in the
building. In addition a horn strobe shall be installed on the exterior of
each building at a location
approved by and subject to the authority having jurisdiction. A
connection to a municipal alarm
system is not required for this type of system.
(2)
EXCEPTION: A fire alarm system meeting the requirements of § 23-28.25-4(b) may
be substituted at option of the
owner.
(b)
Supervised systems. (1) A supervised system for the purpose of this Fire Safety
Code
is defined as a system where the
manual operation of any fire alarm station or the automatic
actuation of any thermodetector,
smoke detector, sprinkler flow switch or other extinguishment
system switch, or standpipe flow
switch shall sound all alarm horns within the building, de-
energize door holders to cause
all fire/smoke doors that are allowed to be held open in the entire
building to close, summon the
local fire department, and for all new buildings shall interlock with
all elevators to return them to
a designated level. In the event that the designated level is in alarm,
the elevators shall return to an
approved alternate designated level where they shall be under the
exclusive control of the fire
department for the duration of the alarm condition. Operating power
failure, low battery voltage, an
open or grounded wire in any of the pull
station/thermodetector/smoke
detector/sprinkler flow switch circuits, the evacuation horn/strobe
circuits, the circuit to the
municipal master box or transmitter, or the leased line to the remote
station shall activate audible
and visual trouble signals on the system control panel and
annunciator, that cannot be
reset until the circuits are restored to normal. This is to include the
removal of any alarm, trouble,
or zone relays, and the removal of any zone detector card or bell
card, and any low voltage fuses
in the control panel. The audible trouble signal may be silenced
with the trouble signal
silencing switch but the lamp cannot be extinguished until the circuits are
normal. Restoring the circuits
to normal after the silencing switch has been operated shall cause
the lamp to extinguish and the
audible signal to resound until the silencing switch is restored to
normal. In the event of a commercial
power outage, the entire system shall immediately transfer
to a standby battery source of
power and be capable of supplying the entire system for sixty (60)
hours. All fire alarm initiating
zone and signal wiring shall be wired Class "A" McCoulough loop.
(2)
Combination rate of rise and fixed temperature thermodetectors one hundred
thirty-
five degrees (135°) to one
hundred forty degrees (140°) F. shall be located in all general storage
rooms, all utility, electrical,
and mechanical equipment rooms, all janitor closets, trash collection
rooms, adjacent to all sleeping
rooms separated from kitchens by any wall, maintenance shops,
locker rooms, classrooms,
projection booths, above transoms, and below any accessible stage
areas. Detectors shall be
installed in spaces of twenty-four inches (24") or more above suspended
ceilings and in accordance with
NFPA 72E, 1987 edition, § 2-6.4 and shall be on a separate zone.
(3)
Automatic fixed temperature thermodetectors with a rating of one hundred ninety
degrees (190°) to two hundred
degrees (200°) F. shall be installed in all boiler rooms, accessible
attics and kitchens or where
permanent cooking or heating equipment is located.
(4)
Smoke detectors shall be installed in all common corridors and at the top of
all
stairwells and elevator shafts
and elevator landings.
(5)
Manual fire alarms stations shall be distributed throughout the protected
building so
that they are unobstructed,
readily accessible, and located at each required means of egress from
the building and/or floor area.
These stations shall not be marked local. Additional stations shall
be provided on each floor or in
each fire area to obtain a maximum horizontal travel distance of
one hundred fifty feet (150') to
the nearest station unless otherwise specified in occupancy
sections of this code.
(6)
Additional detectors may be required in areas deemed essential to life safety
by the
authority having jurisdiction,
and shall be in compliance with §§ 23-28.25-5 and 23-28.25-6.
(c)
High rise systems. (1) A high rise system for the purpose of this Fire Safety
Code is
defined as a supervised fire
alarm system with voice communication and two-way fire department
communication system, and shall
be provided in all high rise buildings (more than six (6) stories
or seventy-five feet (75') in
height) regardless of the occupancy and shall operate as follows:
(2)
The manual operation of any station or the automatic actuation of any
thermodetector,
smoke detector, sprinkler flow
switch, or standpipe flow switch shall:
(i)
Automatically sound a distinctive audible signal on the floor where the alarm
originated and one floor above;
(ii)
Automatically summon the local fire department;
(iii)
Visually indicate the location of the origin of the alarm at the fire control
center
within the building;
(iv)
Interlock with the heating and ventilating control system to start and stop air
moving
equipment as required;
(v)
Interlock with all elevators to return them to a designated level. In the event
that the
designated level is in alarm,
the elevators shall return to an approved alternate designated level
where they shall be under the
exclusive control of the fire department for the duration of the
alarm condition; and
(vi)
De-energize door holders to cause all fire/smoke doors which are allowed to be
held
open in the entire building to
close.
(3)
All high rise fire alarm and voice communication system equipment shall comply
with UL Standards numbers 864
and 1480, 1980 editions, and shall also be provided with standby
amplification. A fire control
center shall be provided at the main level of access to the building at
a location approved by the chief
of the fire department. This fire control center shall include, but
is not limited to, fire alarm
and fire detection system panel; voice communication system panels;
emergency telephone systems;
status indicators for air handling systems; elevators; and other
systems as may be required.
Means shall be provided at the fire control center to selectively
manually operate the audible
alarm signals on any floor. A microphone and suitable switches
shall be provided at the fire
control center to selectively transmit voice communications to all
public areas on every floor or
fire area or groups of floors or fire areas. Vocal communications
shall override the alarm signal.
Means shall be provided at the fire control center to operate the
exitway stairway door unlocking
system. Two-way telephonic communication system shall be
provided between the fire
control center and every stairway floor landing and each elevator lobby
on every floor. In addition, a
two-way fire emergency telephone shall be provided in every
elevator. Firefighters' two-way
telephone system shall be individually zoned and supervised by
floors and shall be selectable
at the control center. This system shall be wired in a separate
metallic raceway system from the
fire alarm system wiring. An individual telephone instrument
shall be permanently installed
at each telephone location and mounted in a lockable, break glass
rod, red enclosure. Individual
telephone annunciation shall be by telephone cradle switch.
Speaker and telephone circuits
shall also be supervised for shorts. Manual stations shall be
located at every stairwell and
elevator lobby on every floor and as indicated in subsection (b)(5).
Combination rate of rise and
fixed temperature thermodetectors one hundred thirty-five degrees
(135°) to one hundred forty
degrees (140°) F. shall be located in accordance with subsection
(b)(2). Automatic one hundred
ninety degrees (190°) to two hundred degrees (200°) F. fixed
temperature thermodetectors
shall be installed in accordance with subsection (b)(3). Smoke
detectors shall be installed as
required in subsection (b)(4), and on every fifth floor in every
stairwell. Stairwell smoke
detectors shall sound audible alarms in locations required by the
authority having jurisdiction
and not only on the smoke detector landing level. Speakers shall be
provided so as to be effectively
heard above all other sounds by all occupants in every occupied
space on each floor or fire
area. All circuitry to all manual stations, automatic thermodetectors,
and smoke detectors, sprinkler
or standpipe flow switches, all fire communication speakers, and
fire emergency telephones shall
be supervised. An open or ground in any of this circuitry or a
failure of any essential part of
the amplifier shall activate audible and visual trouble signals at the
fire control center. Standby
power shall be provided as described in subsection (b)(1).
(d)
Multiplex systems. Active polling multiplex systems shall be permitted.
Microprocessor, software or
wiring failures shall indicate a trouble condition specific to the
failure. Multiplexing of analog
and digital signals shall be provided between the Central
Processing Unit (CPU) and
circuit interfaces. (Remote Identification Modules, Transponders,
Data Gathering Panels, etc.) on
a dedicated Signaling Line Circuit (NFPA SLC). The Signaling
Line Circuit shall be wired
Class "A". (Style 6 NFPA 72A, 1987 edition). All wiring shall be as
required by the manufacturer and
a minimum of #16 gauge wire. All remote panels and devices
shall derive their power from
the CPU or from self-contained power supplies; the power supply
shall be subject to the same
primary and secondary power requirements as the main Fire Alarm
Panel. The CPU, remote interface
panels and modules, and the system devices shall be
Underwriter's Laboratories
Listed and Factory Mutual approved and cross listed for compatibility
as a system by the panel
manufacturer. Devices using self-contained addressable modules (i.e.
smoke detectors, manual
stations, etc.) shall be UL listed and FM approved for the desired
application and shall meet all
requirements of this code for such devices. Removal of any such
device shall cause a trouble
signal specific to the affected device and shall not affect the operation
of other devices on the circuit.
Devices monitored or controlled by an addressable module
separate from the device shall
have the location of the addressable module plainly displayed at
the CPU.
23-28.25-5.
Equipment. -- (a) All components of the fire alarm system including,
but
not limited to, the control
equipment, the battery and charger, the annunciator, the manual
stations, the automatic
thermodetectors, the smoke detectors, the sprinkler flow switches, the door
holder, and the alarm horns
shall be listed by the Underwriters Laboratories, Inc. and/or approved
by the Factory Mutual research
corporation or any recognized testing laboratory satisfactory to
the state fire marshal.
(b)
Manual fire alarm stations shall be approved for the particular application and
shall
be used only for fire alarm
signaling purposes, shall be double action, color red, key locked and
shall be keyed the same as the
fire alarm control panel door lock. The height of the manual station
boxes shall be forty-eight
inches (48") measured vertically, from the finished floor level to the
activating handle or lever of
the station.
(c)
Alarm horns shall be the combination horn/strobe type or shall have a flashing
strobe
located nearby. This strobe
shall be distinctively marked fire. Alarm horns shall be used for no
other purpose and shall be of
such character and so located as to be effectively heard above all
other sounds by all occupants in
every occupied space in the building. Where specified in
occupancy sections of this code,
bells or chimes may, with the approval of the authority having
jurisdiction, be used in lieu of
horns providing that they are distinct from any other signal in the
building. Approved speaker
systems used for evacuation shall be at the same level for both
speech information and alarm
evacuation. Both speech information and alarm evacuation levels
must be high enough to be heard
above ambient room noises throughout the building. In bedroom
areas alarm sounding levels must
be at least fifteen (15) db above average ambient room noise
levels of approximately
fifty-five (55) db. Mini horns shall be installed in all sleeping areas if
proper sound levels cannot be
obtained.
(d)
Thermodetector and smoke detector spacing shall not exceed the linear maximum
indicated for that particular
device by an Underwriter's Laboratories, Inc. or F.M. approved
testing laboratory. In locations
where thermodetectors and/or smoke detectors are required, the
type and/or temperature rating
of the thermodetector as required in the Rhode Island Fire Safety
Code, chapters 28.1 - 28.39 of
this title, may be modified by the authority having jurisdiction if,
in the authority's judgment, the
type or temperature setting of the unit is unsuitable due to
environmental or structural
conditions unique to that location. Areas in buildings having an
approved system of automatic
sprinklers shall be exempt from the requirements of
thermodetectors. This exemption
shall not apply to smoke detectors.
(e)
Flow switches shall be provided on all sprinkler systems and standpipes
installed in
all buildings required by this
code to have a fire alarm system. The flow switch shall activate the
fire alarm system if any one
sprinkler head is open or a fire hose on a standpipe is used. All flow
switches shall have a retard
feature to prevent false alarms due to a surge. A flow switch shall be
installed in the main riser so
that any flow of water in the system will activate this device. This
flow switch shall be on a
separate zone and will be designated water flow or sprinkler/standpipe.
Flow alarm switches on sprinkler
systems and wet standpipe systems shall be installed so that
they cannot be disconnected from
the fire alarm system by the operation of a shutoff valve. In
addition to the flow switch on
the sprinkler/standpipe main, flow switch(es) shall be installed on
each zone. Sprinklers shall be
zoned as per fire alarm zones. An inspectors test valve shall be
installed at the end of each
sprinkler zone. Any alarm originating from a sprinkler head or a fire
hose cabinet shall provide two
(2) indications on the system annunciator: one to indicate
"sprinkler/standpipe"
and one to indicate the zone. All hose cabinets on each floor shall be wired
with flow switches. The flow
switches shall alarm the zone where the cabinet is located.
(f)
Switches shall be provided on all shutoffs for required sprinkler or wet
standpipe
systems such as O S and Y gate
valves or post indicator valves in buildings required by this code
to have a fire alarm system.
This switch shall activate the fire alarm system or sprinkler zone
trouble signal any time the
water supply is shut off.
(g)
A switch shall be provided on all required automatic extinguishing systems, in
addition to sprinkler systems,
in buildings required by this code to have a fire alarm system. This
switch shall activate the
building's fire alarm system any time the extinguishing system is
actuated and shall be on a
separate zone.
(h)
(1) A building having a required fire alarm system, which is more than twenty
thousand square feet (20,000 sq.
ft.) in total area or which extends to more than one floor, shall
have an annunciator to visually
indicate the location of an alarm within the building located
inside the main entrance of the
building or in a location as approved by the authority having
jurisdiction. Each floor shall
be separately zoned. If a floor area exceeds twenty thousand square
feet (20,000 sq. ft.),
additional zoning shall be provided. In no case shall the length of any zone
exceed two hundred feet (200')
in any direction. Annunciators shall lock in until the system is
reset. Selective coded systems
utilizing a punch tape register shall be acceptable in lieu of an
annunciated system. Other
identifying devices such as a computer print-out are acceptable in lieu
of an annunciator, subject to
approval of the authority having jurisdiction. A directory or zone
map as required by the authority
having jurisdiction shall be provided for every zoned fire alarm
system. Annunciator panel
location shall meet the requirements of the authority having
jurisdiction. If the annunciator
is a remote panel, it shall contain all functions including a trouble
light and audible trouble signal
with silence switch, key-operated system reset, and system silence
with resound and cover all
required zones. Annunciation of alarm and trouble indications will be
accomplished with the use of
separate zone wiring and not with the use of multiple contact
initiating devices. The annunciation
shall be by floors or locations and not by a zone number
only. In the event that a
building has a fire pump or generator, provisions shall be made at the
annunciator for visible/audible
indication of generator or fire pump operation.
(2)
In complexes consisting of multiple building clusters, a common fire department
connection may, at the
discretion of the authority having jurisdiction, be used providing a system
powered one million (1,000,000)
candle power strobe light shall be installed on each building so
as to be visible at the master
box or a central location.
(i)
(1) All required fire alarm systems shall be connected to an approved power
source in
the building and in addition
shall have automatically charged storage type battery standby (dry
cell shall not be used) of
sufficient capacity to operate the entire system as required by § 23-
28.25-4 for the type of system
after the principal source of power has failed. The fire alarm
system must be able to function
and sound the evacuation signals for at least five (5) minutes
following the required standby
period.
(2)
Systems utilizing an emergency generator as a source of standby power shall not
be
exempt from the above
requirements for battery standby power.
(j)
In all buildings having a fire alarm system, the fire alarm system shall be
interconnected to the building's
heating, air conditioning, and ventilating controls so that the
fan(s) two thousand (2,000) cfm
or greater capacity of any ventilating system not used for
pressurization of a firesafe
area and four (4) or more ceiling mounted industrial air circulation
fans installed in one room shall
automatically shut down any time, other than drills and when
testing, that the fire alarm
system is actuated. A manual override shall be provided in the fire
alarm control panel for fire
department use.
(k)
All required smoke and fire doors in all buildings required by this code to
have a fire
alarm system may be held open
only if equipped with magnetic door holders installed so as to
close the doors anytime the
alarm system within the building is activated. Smoke detector(s)
connected to the alarm system
within the building shall be installed proximate to every smoke
and fire door.
(l)
All buildings that have a fire alarm system per this fire alarm code that
require fire
drills to be held shall have a
key operated drill switch installed at a remote location outside of the
control panel subject to the
approval of the authority having jurisdiction. The key shall not be the
same as the control panel key.
23-28.25-6.
Installation and wiring. -- (a) All fire alarm system wiring
within a
building and between buildings
in multiple building clusters shall be installed in metal raceway.
An equipment bonding conductor
shall be provided in all flexible metallic raceways. Type M.C.
cable dual rated as FPL and
2-hour fire rated by UL may be selectively installed in buildings in
areas with written approval of
the authority having jurisdiction for this code and the provisions of
subsection (b).
(1)
EXCEPTION: Wiring between buildings may be buried if enclosed in PVC conduit
or run aerially with approved
I.M.S.A. shielded cable(s) subject to approval by the authority
having jurisdiction.
(2)
EXCEPTION: For "local" type systems as defined in § 23-28.25-4(a),
type FPL
shielded with drain wire may be
enclosed within walls and ceilings without a raceway. Each
conductor shall be identified.
Suspended drop-in type ceiling assemblies do not constitute a
ceiling for the purpose of this
subsection only.
(b)
Wiring installation shall meet the following requirements:
(1)
For "local" systems as defined in § 23-28.25-4(a), conductors shall
be minimum #16
gauge solid copper, type
thhn/thwn or tfn.
(2)
For "supervised" systems as defined in § 23-28.25-4(b) or "high
rise" systems as
defined in § 23-28.25-4(c),
conductors shall be minimum #16 gauge solid copper, type thhn/thwn
or tfn.
(3)
A cable cutting tool with controlled depth of cut shall be used in all MC cable
installations.
(4)
UL listed type MC cable connectors with insulated bushings shall be used in all
MC
cable installations.
(5)
Conductor size shall be increased as required so as to limit voltage drop to a
maximum of three percent (3%).
(c)
The color code for all fire alarm system conductors shall be as follows:
(1)
DETECTOR CIRCUIT shall be red and black. Red shall be positive and black shall
be negative. (NFPA IDC)
(2)
HORN/STROBE CIRCUIT shall be blue and white. Blue shall be positive and white
shall be negative. When bells,
chimes or other audible/visual devices are used in lieu of horns,
this color code shall be
followed. (NFPA IAC)
(3)
FLASHING STROBE CIRCUIT, if a separate feed is required, shall be orange and
yellow. Orange shall be positive
and yellow shall be negative.
(4)
SPRINKLER/STANDPIPE CIRCUITS shall be red and black. Red shall be positive
and black shall be negative.
(5)
SMOKE DETECTOR CIRCUITS, if a separate power feed is required, shall be
brown and violet. Violet shall
be positive and brown shall be negative.
(6)
ELECTRO-MAGNETIC DOOR HOLDERS - BACK CIRCUITS shall be gray and
gray.
(7)
MUNICIPAL MASTER BOX TRIPPING CIRCUITS shall be orange and orange.
Conductors for this circuit
shall be installed in a separate raceway.
(8)
ELEVATOR CAPTURE CIRCUITS shall be brown and yellow.
(9)
FAN SHUT-DOWN CIRCUITS shall be orange and yellow.
(10)
REMOTE ANNUNCIATOR CIRCUITS shall be violet and numbered at each end.
(11)
BOND WIRES from the control panel to the master box ground rod, and all
required
bonding conductors shall be
green.
(12)
MUNICIPAL FIRE ALARM LOOP from the master box to the municipal loop shall
be black and white.
(13)
AC SUPPLY CIRCUIT to the main fire alarm control panel shall be white, black
and red. The black shall be one
phase, and the red shall be the opposite phase, if required. The
white shall be the neutral. If a
separate feed is required for the battery charger, it shall be black
and white unless the main fire
alarm control panel requires only one AC feed. In that case, the
conductors to the battery
charger shall be red and white.
(d)
Primary AC power and/or battery charger circuits shall be on a dedicated branch
circuit(s). Circuit breaker
locks shall be provided. AC and DC portions of the system shall be
installed in separate raceways.
(e)
Any fire alarm wiring between the control panel and remote terminal cabinets,
or
between remote terminal cabinets
may, at the option of the installer, be a multi-conductor cable
with each conductor numbered at
two-inch (2") intervals. All wiring from a terminal cabinet(s) to
an alarm device(s) shall conform
to the color code specified before herein. Terminal cabinets with
hinged, lockable red covers
shall be provided at all junction points. All conductor splices shall be
made on screw-type terminal
blocks; wire nuts, butt, crimp or screw type connectors shall not be
used. All terminals within a
terminal cabinet shall be properly labeled.
(f)
Spacing and location of thermodetectors or smoke detectors required by the Fire
Safety Code shall be in
accordance with NFPA 72E, 1987 edition.
History
23-28.25-7.
Connection to fire department. -- (a) If a supervised fire alarm
system
required by this chapter is to
be installed in a building in a city, town, or fire district having a
municipal alarm system, the
system within the building shall be connected into the municipal
system via a local energy master
box, auxiliary transmitter, radio master box, or other approved
method so that any alarm within
the building will be automatically relayed to the municipal fire
department. Systems installed in
buildings in a city, town, or fire district not having a municipal
alarm system shall be connected
to a remote station via a supervised leased telephone line (or
other line).
(b)
In either event, the authority having jurisdiction shall be consulted as to the
type and
location of the master box or
auxiliary transmitter or the location of the remote station.
23-28.25-8.
System acceptance. -- (a) A pretest will be held with the
installer and the
manufacturer's technical
representative present. In addition to the requirements listed below, the
pretest shall demonstrate that
each smoke detector is operative and produces the intended
response. Each smoke detector is
tested in accordance with the manufacturer's recommendations
to initiate an alarm at its
installed location. After certification of a complete pretest, the installing
contractor shall provide the
authority having jurisdiction with written documentation, from the
manufacturer's authorized
representative of the outcome of the test and will re-inspect in the
presence of the authority having
jurisdiction and the manufacturer's authorized technical
representative. A complete test
shall be conducted as follows: the installing contractor, in the
presence of a representative of
the authority having jurisdiction, shall manually operate every
manual fire alarm station,
activate every rate of rise type thermodetector with heat, manually
operate or electrically short
out every fixed temperature thermodetector, actuate every smoke
detector with smoke in accordance
with the manufacturer's recommendations to demonstrate that
smoke can enter the chamber and
initiate an alarm, activate all automatic extinguishing system
switches and activate every
water sprinkler/standpipe flow switch by a flow of water.
(b)
After installation and before the system acceptance test is performed, a copy
of the
testing and service contract
will be furnished to the authority having jurisdiction by the owner or
contractor. The contractor shall
prepare and submit a single line diagram of each installation, as
built, indicating wiring between
equipment and locations of panels, manual pull stations,
detectors, and other devices to
the authority having jurisdiction.
(c)
Each manual fire alarm station, thermodetector, smoke detector, extinguishing
system
switching circuits, flow switch
circuit and each alarm horn/strobe circuit shall be opened in at
least two locations to test for
the correctness of the supervisory circuitry. All communications
shall be tested completely. The
fire alarm system shall be in accordance with this chapter and in
one hundred percent (100%)
operation prior to acceptance and/or issuance of a certificate of
occupancy.
(d)
The fire alarm system may be placed in operation prior to acceptance if in the
opinion of the authority having
jurisdiction, it will enhance public safety or provide property
protection during the final
phases of construction. In this case all devices will be thoroughly
cleaned or replaced prior to the
system acceptance test. The system will not be placed in
operation without the written
permission of the authority having jurisdiction. Under no
circumstances will this be
considered a final acceptance test.
23-28.25-9.
Maintenance of the system. -- Owners of buildings where systems
are
installed shall ensure that the
systems and all of their components are in one hundred percent
(100%) operating condition at
all times and provide a twenty-four (24) hour emergency service
number at the fire alarm panel.
Owners of buildings where systems are installed shall provide
written evidence to the
authority having jurisdiction that there is a maintenance and testing
program in force for the fire
alarm system providing for periodic testing of the system. All
systems except a system as
described in § 23-28.25-4(a) with six (6) or less initiating devices
shall be tested at least once
every three (3) months with twenty-five percent (25%) of all manual
stations, thermodetectors, smoke
detectors and other devices operated with each test. A different
twenty-five percent (25%) of the
above mentioned devices will be operated at each inspection so
that the entire system will have
been tested at the end of each year. A system as described in § 23-
28.25-4(a) with six (6) or less
initiating devices shall require a full system test once every six (6)
months. The person(s) or firm
responsible for this testing shall be licensed as required by chapter
6 of title 5. The licensing
requirements shall not apply to the fire department officer in charge of
the scene to operate, reset or
disconnect the fire alarm system as required by the authority having
jurisdiction. Certification of
these tests shall be forwarded to the authority having jurisdiction
from the person(s) or firm
performing the test within ten (10) days of the completion of the test.
The person(s) or firm performing
the maintenance and testing of the fire alarm system shall notify
the authority having
jurisdiction within five (5) days, in writing, after the cancellation of a
maintenance/testing agreement
with the building owner. Any existing unaltered fire alarm system
installed in accordance with
previous state fire codes shall be maintained and tested in accordance
with this section. It shall be
the building owner's responsibility to certify periodic compliance
with this section.
SECTION
29. Chapter 23-28.26 of the General Laws entitled “Dip Tanks Containing
Flammable or Combustible Liquid”
is hereby repealed in its entirety.
CHAPTER
23-28.26
Dip
Tanks Containing Flammable Or Combustible Liquid
23-28.26-1.
Applicability - Standard - Enforcing authority. -- (a) This
chapter shall
apply to the design, equipment,
installation, maintenance, and use pertaining to tanks, vats, and
containers of flammable or
combustible liquids in which articles or materials are immersed for
the purpose of coating,
finishing, treating, or similar processes, which shall be in accordance with
N.F.P.A. Standard 34, 1989
edition.
(b)
For the purposes of this chapter, the enforcing authority shall be the
authority having
jurisdiction.
SECTION 30. Chapter 23-28.27 of the General Laws entitled “Spray Application
Using Flammable or Combustible
Material” is hereby repealed in its entirety.
CHAPTER
23-28.27
Spray
Application Using Flammable Or Combustible Material
23-28.27-1.
Applicability - Standard - Enforcing authority. -- (a)
This chapter shall
apply to the design, equipment,
installation, maintenance, and use pertaining to the application of
flammable and combustible
material when applied as a spray by compressed air, airless, or
hydraulic atomization, or by
steam or electrostatic method or by any other means in continuous or
intermittent process. It also
covers the application of combustible powders when applied in power
spray guns or electrostatic
fluidized beds, which shall be in accordance with N.F.P.A. Standard
33, 1989 edition.
(b)
For the purposes of this chapter, the enforcing authority shall be the
authority having
jurisdiction.
SECTION
31. Sections 23-28.28-1, 23-28.28-17 and 23-28.28-22 of the General Laws in
Chapter 23-28.28 entitled
“Explosives” is hereby amended to read as follows:
23-28.28-1.
Definitions. -- (a) "Blasting caps" mean thin copper
shells containing dry
fulminate of mercury or other
similar substance either alone or in combination with fulminate of
mercury and fired by a
slow-burning safety fuse, or arranged to be fired by an electric current.
(b)
(a) "Boosters" mean a casing containing several ounces of
a high explosive used to
increase the intensity of explosion
of the detonator of a detonating fuse.
(c)
"Cordeau detonant" means a drawn-lead tube fuse containing
trinitrotoluene.
(d)
(b) "Dealer" means any person, not a manufacturer, engaged
in the business of
buying and selling explosives other
than empty cartridge shells (primed), percussion caps, small
arms ammunition, small arms
primers, and smokeless powder for small arms.
(e)
"Delay electric igniters" mean small metal tubes containing a wire
bridge in contact
with a small quantity of
ignition compound.
(f)
"Detonating fuses" mean devices to detonate the high explosive
bursting charges of
projectiles, mines, bombs,
torpedoes, and grenades.
(g)
"Detonators" mean any device for the purpose of exploding an
explosive charge, and
shall include blasting caps,
blasting caps with safety fuse, electric blasting caps, detonating fuses,
and boosters.
(h)
"Efficient artificial barricade" means an artificial mound or
properly revetted wall of
earth of a minimum thickness of
not less than three feet (3').
(i)
(c) "Electric squibs" mean small tubes or blocks containing a
small quantity of
ignition compound in contact with a
wire bridge.
(j)
"Empty cartridge bags - black-powder igniters" mean empty bags having
attached
thereto an igniter composed of
black powder.
(k)
"Empty cartridge shells, primed," and "empty grenades,
primed" mean empty
cartridge shells or grenades
containing an ignition primer.
(l)
(d) "Explosive bombs" mean any explosive or incendiary
material designed and
constructed that when dropped,
thrown, projected, or placed and initiated in any particular
manner, will produce a violent
release of high pressure and/or heat.
(m)
(e) "Explosive mines" mean metal containers filled with a high
explosive and
provided with a detonating device.
(n)
(f) "Explosive projectiles" mean metal shells loaded with
explosives for use in
cannon.
(o)
(g) "Explosive torpedoes" mean metal devices containing a
means of propulsion and
a quantity of high explosives.
(p)
"Explosives" means gunpowders, powders used for blasting, high
explosives,
blasting materials, fuses other
than electric circuit breakers, detonators and other detonating
agents, smokeless powder, and
any chemical compound or any chemical mixture containing any
oxidizing and combustible units,
or other ingredients in such proportions, quantities, or packing
that ignition by fire, friction,
concussion, percussion, or detonation of any part thereof may and is
intended to cause an explosion
but shall not include petroleum products, turpentine, acetone,
ethyl, ether, and benzol.
Firecrackers, matches, empty cartridge shells (primed), percussion caps,
small arms ammunition, small
arms primers, and smokeless powder for small arms shall not be
held to be explosives when the
individual units contain any of the above-mentioned articles in
such limited quantity or of such
nature and in such packing that it is impossible to produce an
explosion of the units to the
injury of life, limb, or property.
(q)
"Fuse lighters" and "fuse igniters" mean small cylindrical
hollow pasteboard or metal
tubes containing an igniting
composition in one end, the other end being open.
(r)
"Grenades" mean metal or other devices containing an explosive for
the purpose of
liberating toxic gases, tear
gases, or incendiary or smoke producing materials, and shall include
hand grenades and rifle
grenades.
(s)
"High explosives" mean any explosive more powerful than low
explosives or
ordinary black powder, except
smokeless powder and fulminates, and shall include dynamite,
picric acid, picrates, chlorate
powders, nitrate of ammonia powders, trinitrotoluene, dry
nitrocellulose, dry nitrostarch,
and any other explosive susceptible to detonation by a blasting cap.
(t)
"Instantaneous fuse" means cotton yarns impregnated with meal powder.
(u)
"License" shall mean the authority granted by the state fire marshal,
in writing, for an
individual to use explosives. A
license for the use of explosives shall not be issued until the
applicant exhibits suitable
competency and proficiency and shall submit to such examination and
test as the state fire marshal
may prescribe. Before the licensee may use explosives he or she must
apply to the state fire marshal
for a permit for such use. At the discretion of the state fire marshal
he or she may enter into
reciprocal agreements with other states as to the licensing of blasters.
(v)
"Low explosives" mean any explosive which cannot be detonated by a
commercial
blasting cap, and shall include
sporting cannon, and blasting powders, flash powder sheets in
bulk, flash powders packed in
inner units exceeding two (2) ounces each, and flash powder or
spreader cartridges exceeding
seventy-two (72) grains each.
(w)
(h) "Manufacturer" means any person who is engaged in the
manufacture of
explosives or who otherwise
produces any explosives. Persons reloading small arms ammunition
shall not be considered as
manufacturers.
(x)
(i) "Person" means any individual, partnership, association,
or corporation.
(y)
"Portable magazine" means a substantial wooden box covered with
galvanized sheet
metal not less than twenty-six (26)
gauge, with the word "EXPLOSIVES" in letters not less than
six inches (6") in height
painted conspicuously on the top thereof.
(z)
(j) "Primers," "percussion fuses," "combination
fuses," and "time fuses" mean
devices used to ignite powder charges
of ammunition or the black-powder bursting charges of
projectiles.
(aa)
"Safety squibs" mean small paper tubes containing a small quantity of
black
powder.
(bb)
(k) "Small arm primers" and "percussion caps" mean
primers used for small arms
ammunition.
(cc)
(l) "Small arms ammunition" means any cartridge or shell for
use in a pistol, rifle, or
shotgun, and shall include ball,
shot, or blank cartridges or shells.
(dd)
"Smokeless powder" means a propellant explosive from which there is
little or no
smoke when fired, and shall
include smokeless powder for cannon and smokeless powder for
small arms.
(ee)
(m) "State fire marshal" shall mean the state fire marshal or
his or her designee.
(ff)
"Tracer fuses" mean devices attached to projectiles and containing a
slow-burning
composition.
23-28.28-17.
Reports. -- All persons manufacturing, keeping, storing, using,
selling,
handling, transporting, or
otherwise dealing in Class A or Class B explosives as defined in § 23-
28.28-16 shall make reports to the fire marshal and the local
fire and police chiefs so that the
quantity and location thereof may
be recorded. The reports shall be made in such format as the
state fire marshal shall prescribe
and shall be filed on the first day of each month or more often
when required.
23-28.28-22.
Storage and transportation of explosives on water. -- No person
shall
store or transport any Class A
or Class B explosives on the water of this state unless stored and
transported in accordance with U.S.
Coast Guard regulations.
SECTION
32. Sections 23-28.28-16, 23-28.28-20, 23-28.28-21, 23-28.28-23, 23-28.28-
24, 23-28.28-25, 23-28.28-28,
23-28.28-29, and 23-28.28-30 of the General Laws in Chapter 23-
28.28 entitled “Explosives” are
hereby repealed.
23-28.28-16.
Classification of explosives. -- (a) In this chapter, explosives
are classed
as:
(1)
Dangerous explosives;
(2)
Less dangerous explosives; and
(3)
Relatively safe explosives.
(b)
Class A (dangerous explosives) shall include: Ammunition for cannon with
explosive
projectiles; ammunition for
cannon with gas projectiles; ammunition for cannon with smoke
projectiles; ammunition for
cannon with incendiary projectiles; black powder, except in
manufacturer's containers, not
exceeding one pound in capacity, and limited to five (5) one pound
containers in a person's
possession, and except persons holding either manufacturer's or dealer's
permit blasting caps in quantity
exceeding one thousand (1,000) caps in the aggregate; electric
blasting caps in quantity
exceeding one thousand (1,000) caps in the aggregate; boosters
(explosive); detonating fuses;
explosive bombs; explosive mines; explosive projectiles; explosive
torpedoes; hand grenades; high
explosives; low explosives; rifle grenades; wet fulminate of
mercury.
(c)
Class B (less dangerous explosives) shall include: Ammunition for cannon with
empty projectiles; ammunition
for cannon with sand-loaded projectiles; ammunition for cannon
with solid projectiles;
ammunition for cannon without projectiles; smokeless powder for cannon;
smokeless powder for small arms,
in quantities exceeding one hundred (100) pounds and all
commercial type fireworks.
(d)
Class C (relatively safe explosives) shall include: Blasting caps in quantity
not
exceeding one thousand (1,000)
caps in the aggregate; blasting caps with safety fuse in quantity
not exceeding one thousand
(1,000) caps in the aggregate; electric blasting caps in quantity not
exceeding one thousand (1,000)
caps in the aggregate; cannon primers; combination fuses;
combination primers; cordeau
detonant, delay electric igniters; electric squibs; empty cartridge
bags - black-powder igniters;
empty cartridge shells, primed; empty grenades, primed; fuse
igniters; fuse lighters;
instantaneous fuses; percussion caps, percussion fuses; safety squibs; small
arms ammunition; small arms
primers; time fuses; tracer fuses; smokeless powder for small arms
in quantities not exceeding one
hundred (100) pounds, and in individual manufacturer's
containers of not more than
fifteen (15) pounds each in a person's possession.
23-28.28-20.
Storage of explosives on land. -- (a) All Class A and Class B
explosives,
except as herein otherwise
provided, shall be stored in a magazine which shall be located as
required by the table in §
23-28.28-21, provided that if a magazine is to be used exclusively for
the storage of Class B
explosives, such magazine may be located one-half (1/2) the distance
specified in the table in §
23-28.28-21.
(b)
Magazines in which explosives are kept and stored must be detached from other
structures. Magazines where more
than five thousand pounds (5,000 lbs) of explosives are kept
and stored must be located at
least two hundred feet (200') from any other magazine, except cap
magazines. Magazines where
quantities of explosives over twenty-five thousand pounds (25,000
lbs) are kept and stored must
have an increase over two hundred feet (200') of two and two-thirds
feet (22/3') for each one
thousand pounds (1,000 lbs) of explosives in excess of twenty-five
thousand pounds (25,000 lbs)
stored therein. The distances between magazines provided for in
this subsection may be
disregarded where the total quantity stored in the magazines, considered
as a whole, complies with the
quantity and distance table in § 23-28.28-21, except that, in all
cases, the quantity of
explosives contained in cap magazines shall govern in regard to spacing the
cap magazines from magazines
containing other explosives, but under no circumstances shall a
magazine containing blasting
caps be within less than one hundred feet (100'), not barricaded or
fifty feet (50'), barricaded,
from any magazine other than cap magazines.
(c)
Whenever a magazine is effectually screened from a building, railroad, or
highway,
either by natural levels of the
ground, or by an efficient artificial barricade of such height that any
straight line drawn from the top
of any sidewall of the magazine to any part of the building to be
protected will pass through the
intervening natural or efficient artificial barricade, and any
straight line drawn from the top
of any sidewall of any magazine to any point twelve feet (12')
above the center of the railroad
or highway to be protected will pass through the intervening
natural or efficient artificial
barricade, the applicable distances, as prescribed by the quantity and
distance table, and the
distances separating magazines may be reduced one-half (1/2).
(d)
Fulminate of mercury in bulk in an amount not exceeding fifteen hundred (1,500)
pounds at any one time shall,
except at a manufactory, be stored in a wet condition and shall
contain not less than
twenty-five percent (25%) of water.
(e)
Guncotton, containing not less than twenty percent (20%) of water, may be
stored in
an amount not exceeding two
hundred fifty thousand (250,000) pounds at any one time in a
building, provided the building
is used exclusively for that purpose.
(f)
Soluble or negative cotton in dry form may be kept for sale in a wholesale drug
or
photographic supply store in an
amount not exceeding six (6) pounds at any one time in packages
containing not more than one
ounce each, and may be kept for sale in a retail photographic supply
store in an amount not exceeding
two (2) pounds at any one time, in packages containing not
more than one ounce each.
(g)
Liquid nitroglycerin shall not be stored, except in the form of the official
United
States pharmacopoeia solution,
and may be kept in a weak solution of not more than one percent
(1%) for medicinal use.
(h)
Nitroglycerin may be kept for medicinal use in the form of tablets, pills or
granules in
quantity not exceeding five
thousand (5,000) pieces at any one time, and containing not more
than one twenty-fifth (1/25) of
a grain each.
23-28.28-21.
Table. -- Table Giving the Distance a Magazine Must Be Kept
from
the Nearest Building, Railway, or Highway Quantity of detonators or amount of
Class A
and Class B explosives stored in
a magazine.
23-28.28-23.
Standards for magazines. -- Magazines required for explosives
shall be in
compliance with federal
explosive storage requirements, regulation number 27 CFR, § 181,
subpart J-storage as promulgated
by the bureau of alcohol, tobacco and firearms of the
department of the treasury.
23-28.28-24.
Transportation of explosives. -- (a) When any Class A or Class B
explosives are to be transported
within this state, the explosives shall be packed in strong wooden
boxes or cases suitable for the
purpose and shall bear a label stating the kind of explosive therein.
All boxes or cases containing
any high explosives shall be plainly marked with the words "HIGH
EXPLOSIVE - DANGEROUS."
(b)
No Class A or Class B explosives shall be carried or transported in any public
conveyance through any street,
tunnel, subway, right-of-way, or on an elevated structure.
(c)
All Class A and Class B explosives transported by a vehicle shall be carried in
a
magazine or compartment
constructed in compliance with federal explosive storage requirements,
regulations number 27 CFR, §
181, subpart J-storage as promulgated by the bureau of alcohol,
tobacco and firearms of the
department of the treasury.
(d)
A vehicle used for the transportation of Class A or Class B explosives shall
have a
strong substantial body,
spring-mounted on a strong running gear, and shall be suitable for the
purpose.
(e)
The operator of a vehicle carrying Class A or Class B explosives shall avoid,
whenever possible, those streets
on which there is a large number of persons, and the operator
shall at no time leave such
vehicle unattended.
(f)
No vehicle containing high explosives shall be driven along any street, avenue,
or
highway over which there is an
elevated railway, except when necessary to reach the destination.
(g)
Vehicles containing Class A or Class B explosives in transit shall not be
driven
nearer than three hundred feet
(300') of each other.
(h)
Each vehicle carrying more than two thousand (2,000) pounds of high explosives
shall be continuously in the
charge of one competent person and no other person shall be allowed
in or upon the vehicle.
(i)
Any vehicle used for the transportation of Class A or Class B explosives shall
carry
signs that are in compliance
with the U.S. department of transportation regulations regarding such
signs and shall also have the
owner's name painted on each side.
(j)
No metal tools or other pieces of metal, excepting such as may be necessary for
the
proper operation of the vehicle
shall be carried on any vehicle carrying or transporting any high
explosive.
(k)
All detonators carried or transported on the same vehicle or vessel which is
carrying
or transporting any other Class
A explosives, shall be carried in a separate magazine.
(l)
Not more than thirty thousand (30,000) detonators, nor more than five thousand
(5,000) pounds of other Class A
explosives shall be transported on a vehicle at any one time
through any street or public way
except for a manufacturer who is regulated by the U.S.
department of transportation.
(m)
All vehicles used for the transportation of Class A or Class B explosives shall
be
subject to annual inspection by
the state fire marshal's office and a permit issued stating that the
vehicle meets the requirements
of this section. There shall be a thirty dollar ($30.00) permit fee.
(n)
All fees collected pursuant to this section shall be deposited as general
revenue.
23-28.28-25.
Miscellaneous packaging and handling provisions - Reports of theft -
Prohibited sales -- (a)
All cartridges exceeding four inches (4") in length, except gelatin
dynamite, or high explosives
containing not more than ten percent (10%) of a liquid explosive
ingredient, shall be placed
horizontally in boxes when in a magazine or in transit.
(b)
Detonators shall be kept away from electric wires or cables which may be
carrying
current.
(c)
Explosives to which any detonator is attached for other than immediate use
shall not
be possessed by any person.
(d)
Cases containing high explosives shall not be opened in a magazine.
(e)
In the opening of wooden boxes containing explosives, a wooden mallet and
wooden
wedge shall be used.
(f)
The loss by theft of any Class A or Class B explosives from a magazine shall be
immediately reported to the
authority which issued the permit.
(g)
No Class A, Class B or Class C explosives shall be sold or exposed for sale on any
highway, street or public way.
(h)
No Class A or Class B explosive shall be sold to any minor under eighteen (18)
years
of age.
23-28.28-28.
Owner to inspect transporting vehicles. -- It shall be the duty
of the
person to whom a permit has been
issued to transport explosives in vehicles of this classification
to inspect daily or cause to be
inspected daily those vehicles employed by him or her to determine
that:
(1)
Fire extinguishers are filled and in operating condition.
(2)
Electric wires are insulated and securely fastened to prevent short circuits.
(3)
The motor, chassis, and body are reasonably clean and free of excess grease and
oil.
(4)
The fuel tank and fuel lines are securely fastened and not leaking.
(5)
Brakes, lights, horn, windshield wiper, and steering mechanism are functioning
properly.
(6)
Tires are properly inflated and free of defects.
(7)
The vehicles shall be in proper condition in every other respect and acceptable
for
handling explosives.
(8)
All warning signs are clean and clearly legible.
23-28.28-29.
Fire extinguishers. -- Each of the vehicles described in §
23-28.28-28
shall be equipped with two
approved fire extinguishers carrying a minimum rating of 1A-10BC
each and approved by a fire
equipment testing laboratory recognized by the state fire marshal.
23-28.28-30.
Drivers of vehicles transporting blasting agents. -- Vehicles
transporting
blasting agents shall only be
driven by and be in the charge of a licensed driver who is physically
fit, careful, capable, reliable,
able to read and write the English language proficiently, and not
addicted to the use, or under
the influence of intoxicants, narcotics, or drugs, and not less than
twenty-one (21) years of age.
The driver shall be familiar with the traffic regulations, state laws,
and the provisions of this
chapter.
SECTION
33. Chapter 23-28.29 of the General Laws entitled “Model Rocket Engines” is
hereby repealed in its entirety.
CHAPTER
23-28.29
Model
Rocket Engines
23-28.29-1.
Legislative findings. -- It is recognized that the pursuit of
the hobby of
flying model rockets by the
citizens of the state is desirable for both educational and recreational
benefits derived. Many schools
have established courses of instruction which include within the
framework of their curriculum
the construction, testing, launching, and study of model rockets,
and it is deemed and hereby
decreed proper and appropriate that, in order to protect the health and
welfare of the general public
and for the preservation of property within the state, the general
assembly shall cause the sale
and use of model rocket engines to be regulated and controlled.
23-28.29-2.
Sale and use of rocket engines. -- No model rocket engine as
defined in §
23-28.29-3 shall be sold or
offered for sale, or otherwise transferred, and no model rocket engine
shall be ignited or used or
caused to be ignited or used, except in accordance with this chapter,
and the rules and regulations
promulgated by the state fire marshal, or his or her duly authorized
deputy, both hereinafter
referred to as "state fire marshal" in this chapter.
23-28.29-3.
"Model rockets" defined. -- "Model rockets"
are defined as
nonprofessional rockets which
are propelled by approved commercially manufactured solid
propellant engines.
23-28.29-4.
"Model rocket engine" defined. -- "Model rocket
engine" is a
commercially manufactured,
non-reusable rocket propulsion device constructed of a nonmetallic
casing and solid propellant
wherein all of the ingredients are self-contained so as not to require
mixing or handling by the user.
The propellant charge shall not exceed two and two tenths (2.2)
ounces.
23-28.29-5.
Engine standards. -- No model rocket engines shall be sold or
used as
provided in this chapter, unless
they shall be manufactured and classified in accordance with the
recommendations of the national
fire protection association. Each model rocket engine shall be
imprinted with this standardized
classification.
23-28.29-6.
Use. -- Model rocket engines shall be used only in model rockets
conforming to the provisions of
§ 23-28.29-2. This section does not prevent the state fire marshal,
with written approval of the fire
official of the city or town, from authorizing the use of classified
model rocket engines for
educational, meteorological, and technical industrial purposes.
23-28.29-7.
Permit to sell. -- (a) No person who sells at retail shall
receive, possess, or
sell any model rocket engines
without first securing a permit issued to that person by the fire
official having the
responsibility for the suppression and prevention of fire in the city or town
where the model rocket engine is
to be sold in accordance with the regulations to be promulgated
under this chapter by the state
fire marshal. The model rocket engine user is prohibited from
selling engines in his or her
possession to any other person.
(b)
In any city or town in which there exists no organized fire protection agency
responsible for the protection
of the area, fire official for the purpose of this section shall be the
state fire marshal.
23-28.29-8.
Application. -- Application for a permit to "sell at
retail" model rocket
engines shall be made to the
fire official having the responsibility for the prevention and
suppression of fire in the city
or town in which the model rockets are to be sold. Application shall
be made in writing upon a form
prescribed by the state fire marshal.
23-28.29-9.
Minimum age for possession or purchase. -- No model rocket
engines
shall be sold, given, or
delivered to any person under eighteen (18) years of age, except that
model rocket engines bearing the
standardized engine coding 1/4A, 1/2A, A, B, and C may be
sold to any person not less than
fourteen (14) years of age, who is accompanied by a parent or
guardian at the time of
purchase. A person between the ages of fourteen (14) years and eighteen
(18) years may purchase model
rocket engines for a period of one year from the date of filing
with the retail seller of a
statement by the purchaser's parent or guardian on a form approved by
the state fire marshal,
certifying to the consent of the parent or guardian to the purchase by that
person of model rocket engines
from the seller for a period of one year.
23-28.29-10.
Protection of persons near launching device. -- (a) No person
other than
the user and members of the
user's model rocket club or organization, if any, shall be permitted
within one hundred feet (100')
of the launching device.
(b)
Except for those persons actually participating in the firing, no member of the
club or
organization, if any, which is
firing "model rockets," shall be permitted within twenty-five feet
(25') of the launching device at
the time of ignition.
23-28.29-11.
Possession. -- The model rocket engine user shall keep all model
rocket
engines in his or her possession
from the time of purchase to the time when the engine is installed
in the model rocket during the
preparation for firing.
23-28.29-12.
Use as a weapon. -- A model rocket shall not be used as a weapon
against
ground or air targets.
23-28.29-13.
Supervision of arming, firing, and disposal of rocket engines. --
The
user of the model rocket shall
supervise the arming of the rocket with the rocket engine, and the
firing and disposing of all
fired or defective rocket engines. The user of the firing site shall be
responsible for the safety of
all spectators and other persons connected with the firing of model
rockets.
23-28.29-14.
Revocation of permits and authorized use of firing areas.
-- The state
fire marshal or the fire
official may immediately revoke a permit to sell model rocket engines at
retail if he or she finds that
those persons granted a permit have violated this chapter or the
regulations promulgated under
this chapter by the state fire marshal. The fire official having the
responsibility for the
suppression and prevention of fire in the city or town where the model
rocket engine is to be used may
immediately prohibit the use of a firing area if he or she finds
those persons authorized to fire
model rockets have created an undue hazard to life and property.
23-28.29-15.
Experimental or amateur rocket engines - Possession and use of model
rockets by schools. -- The provisions of this chapter shall not be used to
establish the authority to
possess, launch, or use
experimental or amateur rocket engines, nor to abridge the right of a bona
fide school to possess and use
model rockets in connection with a regular course of instruction
within its curriculum, and under
the direct supervision of a teacher regularly employed by that
school.
23-28.29-16.
Regulations and standards by fire marshal - Issuance of copies of this
chapter and regulations. -- (a) The state fire marshal is hereby authorized to
issue regulations
relating to the enforcement and
application of the provisions of this chapter, including, but not
limited to, the standards to be
followed by fire officials in granting permits to sellers, the
requirements for the testing of
model rocket engines, and the determination of standards of
design, weight, and power
permitted to be used in model rockets under this chapter.
(b)
All regulations so promulgated shall be printed and issued to all licensed
retail sellers
for distribution to purchasers
of model rocket engines. A copy of this chapter shall also be
available for inspection by
purchasers at the retail seller's place of business, and shall be kept in a
conspicuous place upon or near
the counter or area from which model rocket engines are sold.
23-28.29-17.
Penalty for violation. -- Any person or corporation who shall
violate any
of the provisions of this chapter
shall be guilty of a misdemeanor and shall be liable to a fine of
not more than one hundred
dollars ($100) or imprisonment for a period of thirty (30) days, or
both.
SECTION
34. Chapter 23-28.30 of the General Laws entitled “Community Residences
for the Mentally Retarded,
Mentally Ill, Drug Abusers, and Alcoholics” is hereby repealed in its
entirety.
CHAPTER
23-28.30
Community
Residences For The Mentally Retarded, Mentally Ill, Drug Abusers, And
Alcoholics
23-28.30-1.
"Community residence" defined. -- As used in this
chapter:
(1)
A "community residence" is defined as a community based residential
facility. A
community residence operates
twenty-four (24) hours a day to provide room, board, and
supportive services to less than
twenty (20) persons who are mentally retarded, mentally ill, drug
abusers, and/or alcoholics and
who are in need of those services.
(2)
A "community residence" would include, but not be limited to, the
group home,
hostel, or half-way house. This
definition does not include nursing homes or other forms of
facilities which are primarily
directed toward meeting the health or health related and/or medical
needs of the resident.
23-28.30-2.
Applicability. -- The regulations contained in this chapter shall
apply to all
community residences as defined
in § 23-28.30-1.
23-28.30-3.
Use of existing community residences of combustible construction.
-- In
combustible buildings presently
used as community residences, the first and second stories may
be used as such. Use of the
third story will be limited to staff occupancy unless the building is
completely protected by a system
of automatic sprinklers installed and maintained in accordance
with proper and acceptable
standards. No building may be used as a community residence if it is
more than three (3) stories in
height above the ground and is of combustible construction. An
unoccupied area immediately
below the roof shall not be considered as a story in the application
of this section.
23-28.30-4.
New construction - Additions - Conversions. -- Every community
residence hereafter constructed,
every addition hereafter made to a community residence, and
every building hereafter
converted for use in whole or in part as a community residence, shall be
completely protected by an
approved system of automatic sprinklers, installed and maintained in
accordance with N.F.P.A.
Standard 13, 1989 edition and its related standards.
23-28.30-5.
Roofs. -- Roofs of community residences shall be covered with
roofing
which is not readily flammable.
23-28.30-6.
Egress facilities required. -- Each story of every building used
as a
community residence shall have
at least two (2) approved means of egress. Exits shall be located
remote from each other providing
the best practicable means of egress for all occupants in the
event fire renders one exit
impassable. Each occupied room shall have at least one doorway
opening directly to the outside
or to a corridor leading directly to, or by stairway to the outside.
23-28.30-7.
Egress passageways. -- (a) In existing buildings, corridors and
passageways shall be not less
than thirty-two inches (32") in width. In new buildings, corridors
and passageways shall be not
less than thirty-six inches (36") in width.
(b)
Corridors and passageways considered as approved means of egress shall be at
least
eighty-four inches (84") in
height.
(c)
Access to all interior and outside stairways, to fire escapes, and other exits
considered
as means of egress, shall be
unobstructed and shall not be through a bathroom or a room used for
any other purpose that may
obstruct free passage, nor shall access be veiled from open view by
ornamentation, curtains, or
other appurtenances.
23-28.30-8.
Stairways. -- (a) Stairways in approved egress passages in
existing
buildings shall be not less than
thirty-two inches (32") in width and in new buildings and
additions to existing buildings,
such stairways shall be not less than thirty-six inches (36") in
width between handrails.
(b)
All stairways in egress passages shall have a suitable handrail on one side.
(c)
Landings in new buildings forty-four inches (44") in depth and at least
width of door
in existing buildings.
(d)
Stair treads on inside required egress stairways in building shall be not less
than eight
inches (8") in width,
exclusive of nosing, and risers shall not exceed eight and one-half inches
(81/2") in height. In new
buildings, stair treads shall be not less than nine and one-half inches
(91/2") wide and risers
shall not exceed seven and three-fourths inches (73/4") in height.
(e)
Ramps may be substituted for stairs in new and existing buildings, and the
grade shall
not exceed one foot (1') in ten
feet (10') of run.
(f)
Winding stairs shall not be allowed in new construction. Winders in existing
buildings shall not exceed a
ninety-degree (90ø) turn in otherwise complying stairway.
23-28.30-9.
Outside stairways. -- Outside stairways shall be twenty-four
inches (24") in
width and constructed and
installed in accordance with chapter 28.8 of this title.
23-28.30-10.
Vertical openings. -- All interior stairways constituting
approved
passageways shall be enclosed
and segregated from other portions of the building by materials
with a fire resistant rating of
not less than sixty (60) minutes. All other vertical openings
throughout these buildings shall
be enclosed by materials with a fire resistant rating of not less
than sixty (60) minutes. Where full
enclosure is impracticable, the required enclosure may be
limited to that necessary to
prevent a fire originating in any story from spreading to any other
story.
23-28.30-11.
Doors, doorways, and transoms. -- (a) All doorways which are an
approved means of egress shall
be at floor level in new structures and as near thereto as
practicable in existing
structures.
(b)
All egress doors to the outside or into stairways or passages leading to the
outside
shall open out in the direction
of egress travel. There shall be no obstruction at any time to the
opening or closing of egress
doors.
(c)
All egress doors leading directly outside shall be at least thirty-two inches
(32") in
width, in existing buildings. In
new buildings egress doors shall not be less than thirty-six inches
(36") in width.
(d)
All egress openings shall be equipped so as to ensure opening of the doors by a
single
latch with normal strength.
(e)
No door shall be equipped with a lock, latch, bolt, or other fastening device
which
will allow for locking the door
against opening from within or which will require a second
operation or motion to open the
door for egress purposes.
(f)
Door assemblies in walls or partitions required to be fire-resistive, except
doors in
exterior walls, shall have a
fire-resistance rating comparable to the related wall construction.
(g)
All doorways entering on common use corridors or egress passageways shall be
protected by a substantial door
such as a one and three-eighths inch (13/8") solid wood bonded
core door or the equivalent so
installed as to provide a reasonably smoke and gas tight barrier.
(h)
Transoms and other similar openings in corridors and passageways shall not be
allowed in new constructions. Existing
transoms and like openings in corridors and passageways
shall be permanently sealed and
made fire-resistant equal to the related door or sidewall opening.
23-28.30-12.
Exit signs. -- Illuminated signs shall be placed at each
approved means of
egress from each story, and
shall be so installed as to be visible at all times from the direction of
travel thereto. When these
doorways and signs are not readily discernible from corridors, an
adequate number of additional
signs shall be provided with an arrow pointing in the direction of
exit travel.
23-28.30-13.
Illumination of exit passages. -- Lighting shall be provided at
all times for
the lighting of corridors,
stairways, passageways, ramps, and fire escapes.
23-28.30-14.
Fire alarms. -- A fire alarm system as prescribed in §
23-28.25-4(b) shall
be installed in every community
residence #1.
23-28.30-15.
Fire extinguishers. -- All community residences shall be provided
with at
least one fire extinguisher on
each floor easily accessible to all, which will be subject to annual
inspection. It shall be
appropriate for use in the area in which it is located.
23-28.30-16.
Fire prevention - Drills. -- There will be twelve (12) fire
drills per year
and a written procedure for
evacuation. Further, there will be eight (8) hours a year set aside for
staff development regarding fire
prevention and safety program. This program must be approved
by the state fire marshal's
office.
23-28.30-17.
Heating equipment. -- (a) Central heating plants, steam boilers,
and oil-
fire water heaters shall be
segregated from all other occupancies by walls, ceilings, and floors
having a fire resistant rating
of not less than sixty (60) minutes in existing combustible buildings,
and which shall provide a
reasonably smoke-tight enclosure. In new construction and in
noncombustible buildings, such
enclosure shall be of noncombustible construction having a fire-
resistant rating of not less
than two (2) hours.
(b)
An enclosure for heating equipment shall be provided with adequate vents direct
to
the outside sufficient for
proper combustion and exhaust. Ventilating openings shall be provided
having a total area equal to not
less than twice the flue outlet of the heating plant; the opening
shall be maintained in an open
position with fixed louvres.
(c)
Heater rooms shall only contain equipment for heating, water supply, and
switchboard and shall not be
used for any other purpose.
(d)
Interior door assemblies to heater rooms in combustible buildings shall be of
not less
than sixty (60) minute fire
resistant construction and shall be equipped with a positive self-closing
device and latch. In new
construction, the heater room doors shall be Class "B" type doors
swinging into the heater rooms
and equipped with a positive self-closing device. The doors shall
have no hold-open device and
shall be kept closed at all times.
(e)
The furnaces, boilers, and other fired units shall be vented by means of
reasonably
gas-tight smoke pipes or
breechings connected properly to a chimney constructed of brick, solid
block masonry, or reinforced
concrete with suitable flue lining properly erected and maintained in
a safe condition.
(f)
Oil burners shall be equipped with proper devices for automatic lighting,
controls for
oil flow and temperature, and
other proper safety devices, and shall also be installed with an
auxiliary switch wired to
position in location providing operation remote from any fire danger
area.
23-28.30-18.
Housekeeping. -All community residences premises and other
occupancies
within buildings containing
community residences shall be kept clean and in a tidy condition and
free from accumulation of
combustible debris or other waste material.
23-28.30-19.
Fire stopping. -- Exterior walls of frame construction and
interior stud
partitions shall be fire stopped
by two-inch (2") thick timber or plate at the ceiling of the
basement.
23-28.30-20.
Decorative and acoustical materials. -- All combustible
decorative and
acoustical materials, including
curtains located in corridors, passageways, stairways, lobbies, and
other rooms or spaces for
general boarder or public use shall be rendered and maintained flame-
resistant.
23-28.30-21.
Interior finish. -- The interior finish in every community
residence shall
be as regulated or modified by
the provisions of the description of interior finish in § 23-28.1-5.
Flamespread rate of interior
finish throughout shall not be less than Class "C".
23-28.30-22.
Exemption. -- Community residences as defined in § 23-28.30-1
shall be
exempt from the provision of §
23-28.1-6.
23-28.30-23.
Inspections. -- The director of mental health, retardation, and
hospitals
shall make or cause to be made
unannounced inspections and investigations at least once every
two (2) months of the community
residences. The inspections shall be conducted both as to profit
and non-profit facilities and
the results shall be open to public inspection; however, requirements
as to the fire safety code will
be deferred in accordance with § 23-28.1-7.
23-28.30-24.
Scope of inspections. -- Inspections and investigations shall
include health,
sanitation, nursing care, and
dietary and any other condition immediately affecting the patients.
23-28.30-25.
Time for correction of defects. -- (a) Every
organization, corporation or
person who will be inspected or
investigated under § 23-28.30-23 will begin to correct health,
sanitation, nursing care, and
dietary defects immediately upon notice by the director of mental
health, retardation, and
hospitals that the defects exist. Notification will be made by registered
letter return receipt requested
from the director of mental health, retardation, and hospitals to the
organization, person, or
corporation so inspected.
(b)
However, every defect will be fully and wholly corrected within thirty (30)
days from
the time of notice unless an
extension will be granted for good cause shown but no such extension
will exceed fifteen (15) days.
23-28.30-26.
Penalty. -- Every organization, person, or corporation who shall
willfully
and continually violate any
provisions of §§ 23-28.30-23 and 23-28.30-25 will be subject to a fine
up to three hundred dollars
($300) for each violation thereof.
23-28.30-27.
"Community residence II" defined. -- (a) A
"community residence II" is
defined as a community based
residential facility. A community residence II operates twenty-four
(24) hours a day to provide
room, board, and supportive services to eight (8) or less persons who
are mentally retarded, mentally
ill, drug abusers, and/or alcoholics who are in need of such
services.
(b)
A "community residence II" would include, but not be limited to, the
group home,
hostel, or half-way house being
used for this purpose. This definition does not include nursing
homes or other forms of
facilities which are primarily directed toward meeting the health or
health related and/or medical
needs of the resident.
23-28.30-28.
Applicability. -- The regulations contained in §§ 23-28.30-23 -
23-28.30-
26 shall apply to all community
residences II as defined in § 23-28.30-27.
23-28.30-29.
Construction requirements. -- (a) Every community residence II
shall be
no more than one story in
height.
(b)
Every new community residence II shall be completely protected by an approved
system of automatic sprinklers,
installed and maintained in accordance with N.F.P.A. Standard
13, 1989 edition and its related
standards.
23-28.30-30.
Egress facilities required. -- (a) Each community residence II
shall have
at least two (2) approved means
of egress from an occupied level. Exits shall be located remote
from each other providing the
best practicable means of egress for all occupants in the event fire
renders one exit impassable.
(b)
Windows may be used as secondary exits provided they meet all of the following
requirements:
(1)
The windows must be capable of being opened from the inside without the use of
tools; and
(2)
The window must provide a usable opening of not less than twenty inches
(20") in
width, twenty-four inches
(24") in height and five and three-tenths square feet (5.3 sq. ft.) in
area;
and
(3)
The window shall be not more than forty-four inches (44") above the floor
and not
more than six feet (6') above
the adjacent ground level.
(c)
If windows are used as a second means of egress, all sleeping rooms must have
at
least one window complying with
the requirements of subsection (b).
23-28.30-31.
Egress passageways. -- Corridors and passageways shall be not
less than
thirty-six inches (36") in
width. Access to exits shall not be through a room the door to which is
subject to locking.
23-28.30-32.
Stairways to basement. -- The stairway to any basement from the
occupied floor of the community
residence II shall be enclosed at the top or bottom with one hour
fire resistant materials so that
the basement area is segregated from the occupied area.
23-28.30-33.
Other vertical openings from basement. -- All other vertical
openings
from the basement to the
occupied floor in such buildings shall be enclosed by materials with a
fire resistant rating of not
less than one hour.
23-28.30-34.
Doors and doorways. -- (a) All doorways in an approved means of
egress
shall be at floor level and/or
grade level or as near thereto as practicable.
(b)
Doors to occupied rooms and means of egress shall be not less than thirty
inches
(30") in width.
(c)
Doorways to sleeping rooms shall be protected by a substantial door such as one
and
three-eighths inches
(13/8") solid wood bonded core door or the equivalent so installed as to
provide a reasonably smoke and
gas tight closure.
(d)
No door shall be equipped with a lock, latch, bolt, or other fastening device
which
will allow locking the door
against opening from within the room or which will require a second
operation or motion to open the
door for egress purposes.
23-28.30-35.
Fire alarms. -- Smoke detectors shall be installed in accordance
with §§
23-28.34-2 - 23-28.34-7.
23-28.30-36.
Fire extinguishers. -- All community residences II shall be
provided with
at least one fire extinguisher
of an approved type in each kitchen and boiler area within the
building. These extinguishers
shall be maintained in accordance with N.F.P.A. Standard 10, 1988
edition.
23-28.30-37.
Fire drills. -- There shall be a sufficient number of drills
held every year to
familiarize each resident with
fire prevention and evacuation procedures, but not less than
quarterly. New residents shall
be oriented to evacuation procedures immediately.
23-28.30-38.
Heating equipment. -- (a) Furnaces, boilers, and other fired
units shall be
vented to allow proper
combustion and exhaust.
(b)
Chimneys, fireplaces, and venting systems shall be installed in accordance with
N.F.P.A. 211, 1988 edition.
(c)
Furnaces, boilers, and other fired units shall be equipped with proper devices
for
automatic lighting, controls for
fuel flow and temperature, and other proper safety devices.
(d)
Remote switch shall be installed.
(e)
Furnaces, boilers, and other fired units shall not be located within the
occupied level.
23-28.30-39.
Housekeeping. -- All community residences II premises shall be
kept clean
and in a tidy condition and free
from accumulation of combustible debris or other waste material.
23-28.30-40.
Interior finish. -- Interior finish of occupied spaces in
community
residences II facilities shall
be Class A, B, or C as defined in § 23-28.1-5.
23-28.30-41.
Use of windows. -- Windows may not be used as a means of egress
in any
facility housing persons with
physical disabilities.
23-28.30-42.
Means of egress dimensions. -- Means of egress in community
residences
II, housing persons with
disabilities shall comply with the dimensions and components specified
in The Americans with
Disabilities Act Accessibility guidelines.
SECTION
35. Chapter 23-28.31 of the General Laws entitled “Horse Stables” is hereby
repealed in its entirety.
CHAPTER
28.31
Horse
Stables
PART
1 NEW CONSTRUCTION HOUSING SIXTEEN (16) OR MORE HORSES
23-28.31-1.
New construction and additions. -- (a) Every horse stable
constructed
after June 4, 1976, and every
addition made after June 4, 1976, to an existing horse stable and one
built after June 4, 1976,
converted as a horse stable shall be of noncombustible construction
throughout. Smoke barriers shall
be installed separating every sixteen (16) stalls.
(b)
Each subdivided section shall be provided with adequate roof vents.
(c)
Living accommodations shall be separate from the immediate area of the stables.
(d)
Heat producing devices such as submersible water heaters, hot plates, etc.
shall be
prohibited in stables.
(e)
A fire alarm system as prescribed in § 23-28.25-4(b) shall be installed in
every horse
stable with sixteen (16) or more
stalls.
(f)
Horse stables of fewer than sixteen (16) stalls are exempt from the
requirements of
this section.
23-28.31-2.
Posting no smoking signs. -- "NO SMOKING" signs shall
be posted
prohibiting smoking within
stalls, shed rows, and general stable area.
23-28.31-3.
Fire extinguishers. -- All stables shall be provided with
portable fire
extinguishers in accordance with
N.F.P.A. Standard 10, 1988 edition.
23-28.31-4.
Fire watch. -- A fire watch shall be maintained on a twenty-four
(24) hour
basis when the stable area is
occupied.
23-28.31-5,
Fire lanes. -- Adequate fire lanes shall be provided around each
stable and
are to be kept passable at all
times.
23-28.31-6,
Electrical wiring. -- All electrical wiring shall be in
accordance with the
N.F.P.A. Standard 70, 1990
edition.
PART
2 EXISTING CONSTRUCTION HOUSING SIXTEEN (16) OR MORE
HORSES
23-28.31-7.
Construction. -- (a) Existing combustible structures shall be
protected by a
complete system of automatic
sprinklers, or early warning device (U.L.) approved, except
combustible structures
segregated by fire walls consisting of not more than sixteen (16) stalls.
(b)
Each subdivided section shall be provided with adequate roof vents.
(c)
Living accommodations shall be separate from the stables.
(d)
Heat producing devices such as submersible water heaters, hot plates, etc.
shall be
prohibited in stables.
23-28.31-8.
Posting no smoking signs. -- "NO SMOKING" signs shall
be posted
prohibiting smoking within
stalls, shed rows, and general stable area.
23-28.31-9.
Fire extinguishers. -- All stables shall be provided with
portable fire
extinguishers in accordance with
N.F.P.A. Standard 10, 1988 edition.
23-28.31-10.
Fire watch. -- A fire watch shall be maintained on a twenty-four
(24) hour
basis when stable area is
occupied.
23-28.31-11.
Fire lanes. -- Twenty foot (20') fire lanes shall be provided
around each
stable and are to be kept
passable at all times.
23-28.31-12. Electrical wiring. -- All electrical wiring shall
be in accordance with the
N.F.P.A. Standard 70, 1990
edition.
SECTION
36. Chapter 23-28.32 of the General Laws entitled “Sales Or Leasing And
Servicing Of Portable Fire
Extinguishers And Fixed Fire Extinguishing Systems” is hereby
repealed in its entirety.
CHAPTER
23-28.32
Sales
or Leasing and Servicing of Portable Fire Extinguishers and Fixed Fire
Extinguishing
Systems
23-28.32-1
Purpose. -- The purpose of this chapter is to regulate the sale
or leasing and
servicing of portable fire
extinguishers, and fixed fire extinguishing systems in the interest of
safeguarding lives and property.
23-28.32-2.
Exceptions. -- The activity of filling or charging a portable
fire extinguisher
prior to its initial sale by its
manufacturer shall not be subject to this chapter. In addition, the
licensing and registration
provisions of this chapter shall not apply to any firm which services
only its own portable fire
extinguishers for its own use by maintaining its own fire extinguisher
servicing facilities adequate
for the purpose and utilizing its own personnel specially trained for
such servicing. The provisions
of this chapter do not apply to the installation and/or servicing of
water sprinkler systems
installed in compliance with the national fire protection association
standards for the installation
of sprinkler systems.
23-28.32-3.
Administration. -- The administration of this chapter is vested
in the state
fire marshal who shall have the
power to issue the proper rules and regulations to administer this
chapter.
23-28.32-4.
Definitions. -- (a) "Apprentice" means a specific
individual to whom a
permit has been issued by the
state fire marshal to perform various acts of service while under the
direct supervision of a person
holding a valid license to perform the acts.
(b)
"Certificate of registration" means a written document issued by the
state fire marshal
authorizing a person, firm, or
corporation to engage in the business of installing, servicing,
charging, and repairing fixed
fire extinguisher systems and/or portable fire extinguishers.
(c)
"Certified firm" means any individual, person, partnership,
corporation, or
association holding a current
certificate of registration issued by the state fire marshal.
(d)
"Department of transportation (D.O.T.) cylinder" means all cylinders
manufactured
and tested in compliance with
specifications of the United States department of transportation.
(e)
"Engineered systems" are those requiring individual calculation and
design to
determine the flow rates, nozzle
pressures, quantities of extinguishing agents, and the number and
types of nozzles and their
placement in a specific system.
(f)
"Firm" means any person, partnership, corporation, or association.
(g)
"Fixed fire extinguisher system" means a system that contains within
it chemicals,
dry powder, fluid, or gases for
extinguishing fires.
(h)
"Hydrostatic testing" means pressure testing by approved hydrostatic
methods.
(i)
"Leased" for the purpose of this chapter, means a leased fire
extinguisher shall be
treated the same as an
extinguisher which has been sold.
(j)
"License" means a written document issued by the state fire marshal
to any person for
the purpose of granting
permission to the person to perform any act or acts for which
authorization is required.
(k)
"Licensee" means a specific individual to whom a license has been
issued by the state
fire marshal.
(l)
"Portable fire extinguishers" means a device that contains within it,
chemicals, fluids,
or gases for extinguishing
fires, the means for application of its contents to that purpose, and is
capable of being readily moved
from place to place.
(m)
"Pre-engineered fixed system" are those having predetermined flow
rates, nozzle
pressure, and quantities of
extinguishing agents. These systems have the specific pipe size,
maximum and minimum pipe
lengths, number of fittings, and number and type of nozzles,
prescribed by a nationally
recognized testing laboratory. The hazards protected by these systems
are specifically limited as to
type and size by a nationally recognized testing laboratory based
upon actual fire tests.
(n)
"Recognized testing laboratory" means a nationally recognized testing
or any other
testing agency recognized by the
state fire marshal.
(o)
"Repair" means any work performed to a fixed fire extinguisher system
and not
defined as charging, recharging,
or hydrostatic testing.
(p)
"Service and servicing" means servicing portable fire extinguishers
or fixed fire
extinguishing systems by
charging, filling, maintaining, recharging, refilling, repairing, testing,
and tagging.
(q)
"Test" means to subject any fixed fire extinguisher system to any
procedure
necessary to insure its proper
operation or installation, and for its approval by the authority
having jurisdiction.
23-28.32-5.
Registration and licensing of persons servicing portable fire
extinguishers and/or
installing or servicing fixed fire extinguishing systems.
Statute
text
(a)
Each firm engaged in the business of servicing portable fire extinguishers
and/or
installing or servicing fixed
fire extinguishing systems shall be required to have a certificate of
registration issued by the state
fire marshal.
(b)
Each employee, other than an apprentice, of a firm engaged in the business of
servicing portable fire
extinguishers, and installing or servicing fixed fire extinguishing systems,
shall be required to have a
license issued by the state fire marshal.
(c)
Each person servicing portable fire extinguishers or fixed fire extinguishing
systems
as an apprentice shall be
required to have an apprentice permit issued by the state fire marshal.
(d)
Each firm performing hydrostatic testing of fire extinguishers manufactured in
accordance with the
specifications of the United States department of transportation (formerly the
interstate commerce commission)
shall do so in accordance with the procedures specified by that
department for compressed gas
cylinders, and shall be required to have a hydrostatic testing
certificate authorizing the
testing issued by the state fire marshal. Persons qualified to do this
work shall be given the
authority to do so on their licenses.
23-28.32-6.
Selling or leasing of portable fire extinguishers and/or fixed fire
extinguishing systems. -- No portable fire extinguisher or fixed fire
extinguishing system shall
be sold or leased in the state
unless it is approved, labeled, or listed by a testing laboratory which
is approved by the state fire
marshal as qualified to test portable fire extinguishers and fixed fire
extinguishing systems.
23-28.32-7.
Prohibition against servicing portable fire extinguishers and fixed fire
extinguishing systems by
unlicensed personnel. --
(a) Except as provided in § 23-28.32-2, only
the holder of a current and
valid license, or of an apprentice permit issued under this chapter, may
service portable fire
extinguishers, and/or fixed fire extinguishing systems.
(b)
A person who has been issued a license under this chapter to service portable
fire
extinguishers, and/or fixed fire
extinguishing systems must be an employee, agent, or servant of a
firm that holds a certificate of
registration, or the licensee himself or herself must hold a
certificate of registration
issued under this chapter.
23-28.32-8.
Application and hearings on licenses, permits, and certificates.
-- (a)
Applications for licenses,
permits, and certificates under this chapter shall be made pursuant to
regulations adopted by the state
fire marshal as those regulations may from time to time be
amended by him or her.
(b)
The state fire marshal shall have the authority to conduct hearings or
proceedings
concerning the suspension,
revocation, or refusal of the issuance or renewal of licenses,
apprentice permits, hydrostatic
testing certificates, certificates of registration, or approval of
testing laboratories issued
under this chapter or application therefor, and to suspend, revoke,
refuse to renew, or refuse to
issue the licenses, permits, or certificates.
23-28.32-9.
Penalties. -- Those persons found to be in violation of this
chapter shall be
subject to the penalties as
defined in § 23-28.32-11.
23-28.32-10.
Power and duties of the state fire marshal. -- (a) The state fire
marshal
shall exercise the following
functions, powers and duties:
(1)
To formulate and administer such rules and regulations as he or she may
determine
necessary for the protection and
preservation of life and property in controlling:
(i)
The registration of firms engaging in the business of servicing portable fire
extinguishers and/or fixed fire
extinguishing systems.
(ii)
The registration of firms engaging in the business of hydrostatic testing
United States
department of transportation
specification gas cylinders used for portable fire extinguisher and/or
fixed fire extinguishing
systems.
(iii)
The examination of persons applying for a license to service portable fire
extinguishers and/or fixed fire
extinguishing systems.
(iv)
The licensing of persons to service portable fire extinguishers and/or
installing and
servicing fixed fire
extinguishing systems.
(v)
The requirements for servicing of portable fire extinguishers and fixed fire
extinguishing systems.
(2)
To evaluate the qualifications of firms or individuals for a certificate of
registration to
engage in the business of
servicing portable fire extinguishers and/or installing and servicing of
fixed fire extinguishing
systems.
(3)
To conduct examinations to ascertain the qualifications and fitness of
applicants for a
license to service portable fire
extinguishers and/or install and service fixed fire extinguishing
systems.
(4)
To issue certificates of registration for those firms that qualify under these
regulations
to engage in the business of
servicing portable fire extinguishers and/or installing and servicing
fixed fire extinguishing systems
and issue licenses, apprentice permits, and authority to perform
hydrostatic testing to the
qualified persons.
(5)
To evaluate the qualifications of firms seeking approval as testing
laboratories for
portable fire extinguishers
and/or fixed fire extinguishing systems.
(b)
The state fire marshal may delegate the exercise of part or all of his or her
functions,
powers, and duties under this
chapter, except for the issuance of licenses, certificates, and
permits, and the formulation of
rules and regulations, to a fire extinguishers advisory council
whose members shall be appointed
by the state fire marshal. The members shall be experienced
and knowledgeable in one or more
of the following areas: fire services, fire extinguisher
manufacturing, fire insurance
inspection of underwriting, or fire extinguishers servicing; or are
members of a fire protection
association or an industrial safety association.
23-28.32-11.
Practice without a certificate of registration, license, apprentice
permit, or hydrostatic
testing certificate - Sale or service in violation of this chapter. --
Whoever shall intentionally do
any of the following shall be guilty of a misdemeanor, and upon
conviction thereof shall be
fined not more than five hundred dollars ($500) or shall be imprisoned
for not exceeding six (6)
months, or both so fined and imprisoned for each such offense:
(1)
Engage in the business of servicing portable fire extinguishers and/or fixed
fire
extinguishing systems without a
current certificate of registration.
(2)
Service portable fire extinguishers and/or fixed fire extinguishing systems
without a
current license.
(3)
Service portable fire extinguishers and/or fixed fire extinguishing systems, as
an
apprentice without a current
apprentice permit.
(4)
Perform hydrostatic testing of the United States department of transportation
(formerly the interstate
commerce commission) specification compressed gas cylinders used for
or with fire extinguishers
without a current hydrostatic testing certificate.
(5)
Obtain or attempt to obtain a certificate of registration or a license by
fraudulent
misrepresentation.
(6)
Service or sell portable fire extinguishers and/or fixed fire extinguishing
systems
contrary to the provisions of
this chapter or the rules and regulations formulated and administered
under the authority of this
chapter.
SECTION 37. Chapter 23-28.33 of the General Laws entitled “Storage and
Handling of Liquefied Natural Gas”
is hereby repealed in its entirety.
CHAPTER
28.33
Storage
And Handling Of Liquefied Natural Gas
23-28.33-1.
Applicability. -- These chapter provisions shall apply to all
persons, firms,
corporations, partnerships,
voluntary associations, and government agencies, except federal,
storing or handling liquefied
natural gas, and to the owner or lessee of any building, or equipment
in or on which liquefied natural
gas is stored or handled, and shall apply to motor vehicles that
are used for the transportation
of liquefied natural gas. These chapter provisions are also intended
to provide the requirements for
the design, construction, and operation of tank motor vehicles and
certain features of tank motor
vehicle chassis for the transportation of liquefied natural gas.
23-28.33-2.
Definitions. -- For the purpose of this chapter, the following
words shall
have the meanings respectively
assigned to them:
(1)
"Approved" or "approved by authority having jurisdiction"
means approved by the
marshal.
(2)
"Container" means all vessels such as tanks, cylinders, or drums used
for
transportation or storing
liquefied natural gas.
(3)
"Equipment" refers essentially to the container or containers, major
devices such as
vaporizers, carburetors, safety
relief valves, excess flow valves, regulators, etc., and
interconnecting piping.
(4)
"Marshal" means the state fire marshal or his or her authorized
representative.
(5)
"The enforcing officer" means the chief of the fire department of the
several cities,
towns, and fire districts wherein
any violations of the provisions of this chapter may take place.
(6)
Where the circumstances or conditions of any particular case falling within the
scope
of this chapter are unusual and
such as to render the strict compliance with these provisions
impracticable, the enforcing
officer having jurisdiction may permit such modification as will
provide a substantially
equivalent degree of safety; provided, however, that should the enforcing
officer refuse to grant such
modification as may be requested, then and in that event an
application may be submitted to
the state fire marshal in accordance with the form hereinafter
specified "application for
modification"; and modification granted by the state fire marshal shall
be accompanied by a written
report setting forth the manner in which the modification will
provide a substantially
equivalent degree of safety as would have been provided by a strict
compliance with these
regulations. A copy of the report shall be filed in the office of the state
fire
marshal.
(7)
The approval of any equipment, container, or appliance will be based on its
compliance with the accepted
principles of recognized engineering practice, and the marshal may
consider for approval any
equipment, container, or appliance which meets the standards set up by
any of the following
organizations:
Underwriters'
laboratories, inc. (U.L.)
National
fire protection association (N.F.P.A.)
National
board of fire underwriters (N.B.F.U.)
Interstate
commerce commission (I.C.C.)
American
society of mechanical engineers (A.S.M.E.)
American
petroleum institute (A.P.I.)
American
gas association (A.G.A.)
American
standards association (A.S.A.)
23-28.33-3.
Applicability to liquefied natural gas systems. -- The provisions
of this
chapter are intended to apply to
the design, construction, location, and operation of liquefied
natural gas systems.
23-28.33-4.
References to standards advisory. -- References to other
standards in these
provisions shall be considered
as advisory and not mandatory.
23-28.33-5.
Enforcement. -- The state fire marshal or his or her deputy shall
cooperate
in the enforcement of these
provisions with full power and authority to investigate any violations
and submit reports of the
findings to either the enforcing officer, the town councils of the several
towns, the city councils of the
several cities, the representative council of the city of Newport, or
the attorney general of the
state.
23-28.33-6.
Severability. -- If any part of this chapter shall be declared
unconstitutional
or invalid, the
unconstitutionality or invalidity shall in no way affect the constitutionality
or
validity of any other portion
thereof which can be given reasonable effect without the part so
declared unconstitutional or
invalid.
SECTION
38. Chapter 23-28.34 of the General Laws entitled “Fire and Carbon
Monoxide Detection Systems” is
hereby repealed in its entirety.
CHAPTER
23-28.34
Fire
And Carbon Monoxide Detection Systems
23-28.34-1.
Fire and carbon monoxide detection systems required. -- (a) All
buildings hereinafter
constructed or converted for residential occupancy shall be equipped with a
smoke detection system listed
and/or approved by the Underwriters Laboratories, Inc., or Factory
Mutual, installed according to
standards set forth below, except that the systems shall not be
required in buildings or
structures subject to the provisions of the general laws relative to the
installation of automatic fire
warning systems connected thereto.
(b)
Provided further that all buildings hereinafter constructed or converted for
residential
occupancy, those premises being
equipped with gas utilities, shall also be equipped with a carbon
monoxide detector system listed
and/or approved by Underwriters Laboratories, Inc., Factory
Mutual or some nationally
recognized testing laboratory approved by the state fire marshal and
installed according to the
standards set forth below.
23-28.34-2.
Minimum number of detectors. -- (a) A minimum of one approved
smoke
detector shall be located in the
highest habitable level and on each floor, level, or story.
(b)
For any floor, level, or story exceeding twelve hundred square feet (1200 sq.
ft.) in
area, one approved smoke
detector shall be provided for each twelve hundred square feet (1200
sq. ft.) or portion thereof or
as specified by the manufacturer for the particular device.
(c)
A minimum of one approved carbon monoxide detector shall be installed in each
dwelling.
23-28.34-3.
Location of detectors. -- (a) Approved smoke detectors shall be
located
outside each separate sleeping
area in the immediate vicinity of the bedrooms and on each
additional story of the living
unit including basements and cellars and excluding crawl spaces and
uninhabitable attics. Bedrooms,
or sleeping rooms, separated by other use areas, such as kitchens
or living rooms, but not
bathrooms, shall require a separate smoke detector. A carbon monoxide
detector shall be located
outside each separate sleeping area in the immediate vicinity of the
bedrooms. Bedrooms, or sleeping
rooms, separated by other use areas, such as kitchens or living
rooms, but not bathrooms, shall
require a separate carbon monoxide detector.
(b)
In basements or cellars, smoke detectors shall be located within twenty-four
inches
(24") of the base of
stairways with solid risers and treads and side enclosed from the top of the
stairway to the basement floor
in addition to any other detector requirements for that level.
(c)
In basements or cellars with an open stairway, smoke detectors shall be located
at the
top of the stairway in addition
to any other detector requirements for that level.
(d)
All smoke detectors shall be mounted on the ceiling.
(e)
All carbon monoxide detectors shall be mounted in accordance with
manufacturer's
specifications.
23-28.34-4.
Power supply and wiring methods. -- (a) For all detection
systems, a one-
hundred and twenty (120) AC
primary source of electric power with battery back-up shall be
taken from a dependable light
and power supply source. The wiring to each detector shall be
taken from a branch lighting
circuit serving a habitable area. The power source for the detectors
shall be on the supply side
ahead of any switches and not on circuits protected by a ground fault
circuit interrupter.
(b)
All required smoke detectors shall be provided with a visible intermittent or
steady
"power on" indicator
and shall be inter-connected so that when one detector is actuated all
detectors will sound and emit an
audible signal having a minimum rating of eighty-five (85) dBA
at ten (10) ft.
(c)
All smoke detector systems shall be tested in accordance with the manufacturer's
recommendation.
(d)
Combination smoke/heat or fire/burglar systems meeting the requirements of §
23-
28.34-3 and chapters 4 and 5 of
N.F.P.A. standard 74, 1989 edition may be used.
(e)
The appendices of N.F.P.A. 74, 1989 edition may be used for informational
purposes
only.
(f)
All required carbon monoxide detectors shall be provided with a visible
intermittent
or steady "power on"
indicator and will sound and emit an audible signal having a minimum
rating of eighty-five (85) dBA at
ten (10) feet.
23-28.34-5.
Enforcement. -- The local fire authorities certified by the
state fire marshal
as prescribed by § 23-28.2-6 in
cooperation with the building code officials shall enforce the
provisions of this chapter.
23-28.34-6.
Homeowners responsible. -- It shall be the responsibility of the
homeowner
to maintain in operable
condition smoke and carbon monoxide detection systems, installed as
required pursuant to this
chapter.
23-28.34-7.
Penalty. -- Any owner of a building or structure who fails to
comply with
the provisions of this chapter
shall be punished by a fine of not more than five hundred dollars
($500).
SECTION
39. Chapter 23-28.35 of the General Laws entitled “Fire Detectors and Carbon
Monoxide Systems in Existing
Residential Occupancies” is hereby repealed in its entirety.
CHAPTER
23-28.35
Fire
Detectors And Carbon Monoxide Systems In Existing Residential Occupancies
23-28.35-1.
Installation of smoke and carbon monoxide detectors required. --
All
occupied residential properties,
including mobile homes, and all existing rooming houses
constructed before June, 1976,
and occupied existing apartment dwellings not required to have a
fire alarm system in accordance
with chapter 28.25 of this title shall, at the responsibility of the
seller before title to the
property is transferred as a result of a sale, or at the responsibility of the
owner as the result of an
inspection required by law or ordinance, be equipped with a smoke and
carbon monoxide detector system
listed and/or approved by Underwriters Laboratories Inc.,
Factory Mutual, or some other
nationally recognized testing laboratory approved by the state fire
marshal and installed according
to the standards set forth below.
23-28.35-1.1.
City and town authority to require smoke and carbon monoxide
detectors. -- Any city or town may by ordinance require that
any building or structure occupied
in whole or in part for
residential purposes in the cities or towns, and not otherwise covered by §§
23-28.35-1 or 23-28.34-1, shall,
within one year of acceptance, be equipped with smoke and
carbon monoxide detectors listed
and/or approved by Underwriters Laboratories, Inc., Factory
Mutual or some other nationally
recognized testing laboratory approved by the state fire marshal
and installed according to the
standards set forth in this chapter.
23-28.35-1.2.
Fees. -- The agency, bureau, department in any city, town, fire
district, or
other subdivision of municipal
government that performs smoke and carbon monoxide detector
inspections in all existing one,
two (2), and three (3) family dwellings, and all existing apartment
dwellings of less than eight (8)
living units shall, at the time of inspection, be allowed to charge a
thirty dollar ($30.00) fee for
the inspection on any one, two (2), and three (3) family dwellings
and all existing apartments of
less than eight (8) living units. The responsibility of this charged
fee will be borne by the seller
on each occurrence before title to the property is transferred as a
result of a sale. A thirty
dollar ($30.00) fee will be allowed for any subsequent reinspection on the
same one, two (2), and three (3)
family dwellings, and all existing apartment units of less than
eight (8) units, due to improper
installation, wrong location, improper wiring method, or the
seller's failure to maintain a
mutually agreed upon appointment with the agency, bureau, or
department that performs the
inspection function. The fees collected by the agency, bureau, or
department performing the
inspections in any city, town, fire district, or other municipal
subdivision shall be used for
fire prevention purposes in that particular city, town, fire district, or
other municipal subdivision.
23-28.35-2.
Location of detectors. -- (a) An approved smoke and approved
carbon
monoxide detector shall be
located in the access space immediately adjacent to bedrooms or
sleeping rooms. Bedrooms, or
sleeping rooms, separated by other use areas, such as kitchens or
living rooms, but not bathrooms,
shall require a separate smoke and a separate carbon monoxide
detector. In those occupancies
where bedrooms open directly into the kitchen, the smoke detector
shall be located in the
bedroom(s), and one carbon monoxide detector in the kitchen, located in
accordance with manufacturer's
specifications in relation to fuel burning appliances.
(b)
In basements or cellars, smoke detectors shall be located within twenty-four
inches
(24") of the base of
stairways with solid risers and treads and side enclosed from the top of the
stairway to the basement floor
in addition to any other detector requirements for that level.
(c)
In basements or cellars with an open stairway, smoke detectors shall be located
at the
top of the stairway in addition
to any other detector requirements for that level.
(d)
All smoke detectors shall be mounted on the ceiling at least twelve inches
(12") from
the wall or on the wall six
inches (6") to twelve inches (12") from the ceiling. All carbon
monoxide detectors shall be
mounted in accordance with manufacturer's specifications.
23-28.35-3.
Power supply and wiring methods. -- (a) For all smoke and carbon
monoxide detection systems,
approved smoke and carbon monoxide detectors shall be smoke and
carbon monoxide detectors which
may be activated by a battery power source, or which may be
activated by being permanently
wired to a 120 volt AC source of alternating current electric
power with each detector taken
from a branch circuit serving a habitable area, with no more than
two (2) required smoke and
carbon monoxide detectors on the same branch circuit and the power
source for the detectors shall
be on the supply side ahead of any switches, or a system meeting the
requirements of chapter 28.34 of
this title.
(b)
All required detectors other than battery operated shall be provided with a
visible
intermittent or steady
"power on" indicator; shall be interconnected so that when on, the
detector
is actuated, all detectors will
sound and emit an audible signal with a minimum rating of eighty-
five (85) dBA at ten feet (10').
In multiple units, with hard wire systems, all smoke detectors
located in common areas will
sound when any one detector is actuated. Apartment units shall
have a single station smoke
detector, unless more than one detector is required within that unit,
and they shall be interconnected
within that unit.
(c)
All AC detectors shall not be installed on circuits protected by a ground fault
circuit
interrupter and shall be
installed in a workmanlike manner and meeting the electrical
requirements of the R.I. State
Building Code, chapter 27.3 of this title.
(d)
All detectors shall be tested in accordance with the manufacturer's
recommendations.
(e)
The seller shall obtain an electrical permit for the installation of a hard
wire system,
and shall supply to the buyer at
the time of sale a copy of the approval inspection report.
(f)
All carbon monoxide detectors shall be provided with a visible intermittent or
steady
"power on" indicator
and will sound and emit an audible signal having a minimum rating of 85
dBA at ten (10) feet.
23-28.35-4.
Inspection. -- At the time of the transfer of title, the seller
must provide the
purchaser with a certificate
from the fire department for the community in which the dwelling is
located stating that the smoke
and carbon monoxide detector systems have been inspected within
sixty (60) days prior to the
date of sale and has been determined to be in good working order. The
fire department for the
community in which the dwelling is located must inspect the smoke and
carbon monoxide detector systems
of the dwelling within ten (10) days of a request from the
owner. The inspection may be
conducted by qualified personnel of the department or the state fire
marshal's office. No fire
department nor the fire marshal shall be liable for any damage caused by
the subsequent malfunction of a
smoke detection system or carbon monoxide detector system
which it inspected.
23-28.35-5.
Maintenance responsibility. -- (a) Once the smoke and carbon
monoxide
detection systems are required
within a dwelling pursuant to this chapter, it shall be the
responsibility of the owner to
maintain the smoke and carbon monoxide detection systems in an
operable condition, and the
owner shall make operable, within seven (7) days after being notified
by certified mail by the
occupant and/or enforcement official, any inoperable system.
(b)
If the owner fails to make the system operable within the required seven (7)
days, the
tenant may cause the system to
be made operable if the total reasonable cost of making the repairs
does not exceed the sum of
twenty dollars ($20.00), and the tenant may deduct from his or her
rent the actual reasonable cost
of repairs not to exceed twenty dollars ($20.00).
23-28.35-6.
Penalty. -- Any violation of the provisions of this chapter shall
be punished
by a fine of not more than five
hundred dollars ($500).
23-28.35-7.
Statewide jurisdiction. -- The provisions of this chapter shall
be uniform in
all cities and towns without
local amendments. The provisions of §§ 45-13-7 - 45-13-11 shall not
apply to any costs incurred by
the cities and towns as a result of the implementation of this
chapter.
23-28.35-8.
Effect on title and liability. -- The recording clerk of any city
or town may
refuse to accept for recording
instruments of transfer which do not comply with this chapter, but
the failure of any recorded instrument
to comply with this chapter shall not affect the validity of
said transfer or impose any
liability upon the city or town in which said instrument is recorded.
23-28.35-9.
Title. -- This chapter shall be known as the smoke and carbon
monoxide
detector law.
23-28.35-10.
- 23-28.35-12 [Reserved.]
23-28.35-13.
Affidavit of compliance. -- The grantor in any instrument being
recorded
to transfer title to any real
property located within the state of Rhode Island, shall:
(1)
Contemporaneously with the recording of the instrument, record a copy of a
smoke
and carbon monoxide detector
certificate dated not more than sixty (60) days prior to the date of
the instrument (§ 23-28.35-4);
or
(2)
Certify, in the instrument being recorded, or in a certificate to be recorded
contemporaneously with the
instrument, that either § 23-28.35-1 has been complied with, or that
compliance with that section is
not required because the transfer is exempted in § 23-28.35-14.
23-28.35-14.
Exempt transfers. -- Transfers of real property are exempt from
compliance with § 23-28.35-1 if:
(1)
The property being transferred does not contain residential dwellings;
(2)
A certificate of use and occupancy (§ 23-27.3-120) has been issued for the
property
being transferred within six (6)
months of the date of this instrument;
(3)
The property being transferred is required to have a fire alarm system in
accordance
with this chapter;
(4)
The property being transferred is uninhabitable without the issuance of a
certificate of
use and occupancy (§
23-28.3-120);
(5)
The property is being transferred pursuant to a foreclosure sale, a tax sale,
as a
redemption of a tax sale, or in
lieu of foreclosure;
(6)
The property is being transferred by operation of law, or pursuant to an order
of any
United States court, or any
superior or family court of the state of Rhode Island; or
(7)
The property is being acquired by the state for demolition and will not be sold
or used
by the state for residential
purposes.
23-28.35-15.
Contents of affidavit. -- An affidavit of all individuals signing
instruments
to transfer real property
satisfies this chapter if it contains the following representations:
(1)
The undersigned hereby certify that grantor has complied with the requirements
of the
smoke and carbon monoxide
detector law, as evidenced by the copy of the smoke and carbon
monoxide detector certificate
attached to the affidavit; or
(2)
The undersigned hereby certify that the real property being conveyed by this
instrument had working smoke and
carbon monoxide detectors, as required by the smoke and
carbon monoxide detector law,
within fourteen (14) days of the date of this instrument, and an
inspection pursuant to §
23-28.35-4 has been requested; or
(3)
The undersigned hereby certify that this transfer is exempt from the smoke and
carbon
monoxide detector law as
provided in § 23-28.35-14.
SECTION
40. Chapter 23-28.38 of the General Laws entitled “Detention and
Correctional Occupancies” is
hereby repealed in its entirety.
CHAPTER
23-28.38
Detention
And Correctional Occupancies
23-28.38-1.
Definitions - Standards applicable. -- (a) (1) Detention and
correctional
occupancies are those used for
the purposes such as jails, detention centers, correctional
institutions, reformitories,
houses of correction, pre-release centers and other residential-
restrained care facilities where
occupants are confined or housed under some degree of restraint
or security.
(2)
Detention and correctional occupancies provide sleeping facilities for four (4)
or more
residents and are occupied by
persons who are generally prevented from taking self-preservation
action because of security
measures not under the occupants' control.
(b)
Fire and life safety requirements for all detention and correctional
occupancies shall
be in accordance with N.F.P.A.
Standard 101, 1988 edition, Chapters 14 and 15 and their related
chapters and standards.
23-28.38-2.
Fire alarm system. -- A fire system as described in §
23-28.25-4(b) shall be
installed in all detention and
correctional centers.
SECTION
41. This act shall take effect upon passage.
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LC01618/SUB A
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