Chapter
142
2008 -- H 8313
Enacted 07/01/08
A N A C T
RELATING TO HEALTH
AND SAFETY -- PLACES OF ASSEMBLY
Introduced By: Representative Nicholas A. Mattiello
Date Introduced: May 21,
2008
It is
enacted by the General Assembly as follows:
SECTION
1. Section 23-28.6-21 of the General Laws in Chapter 23-28.6 entitled
"Places
of
Assembly" is hereby amended to read as follows:
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) of this section.
(b) The requirements of subsection (a) of this section shall not apply to:
(i) Any 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 place of assembly with an occupancy load of fifty (50) to three
hundred (300)
people
of concentrated use not classified as a "nightclub";
(iii) Any place of assembly with an occupancy load of fifty (50) to three hundred
(300)
people
of concentrated use, classified as a "nightclub" with a posted
maximum occupancy of less
than one
hundred fifty (150) people;
(iv) Any existing building used primarily as a place of worship that is in
compliance with
the
requirements for places of worship established pursuant to section 23-28.6-24.
(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 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
"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. The ten percent (10%) and twenty percent (20%) reductions in maximum
occupancy,
herein set forth, may be waived, in writing, by the state fire marshal,
assistant state
fire
marshal, deputy state fire marshals, the local fire chief of the jurisdiction
in which the place
of
assembly is located, or an assistant deputy state fire marshal as designated by
the local fire
chief.
Provided, however, that the owner or management responsible for the operation
of the
facility
shall be required to operate said facility under an alternative plan of action
for fire safety,
which
plan shall require the approval of the state fire marshal, the assistant state
fire marshal,
deputy
state fire marshals, the local fire chief of the jurisdiction in which the
place of assembly is
located,
or an assistant deputy state fire marshal as designated by the local fire
chief, in order to
qualify
for the waiver provided for herein.
(f) A 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.
(h) The provisions of this section, in its entirety, shall not apply to places
of worship
except
as may be required by the Fire Safety Code Board of Appeal and Review pursuant
to
section
23-28.6-24.
SECTION
2. This act shall take effect upon passage.
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LC02957
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