Chapter 180
2008 -- S 3154
Enacted 07/02/08
A N A C T
RELATING
TO HEALTH AND SAFETY -- PLACES OF ASSEMBLY
Introduced
By: Senators Raptakis, Paiva-Weed, Tassoni, Walaska, and Blais
Date
Introduced: June 20, 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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LC03252
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