Chapter 083

2010 -- H 8101 AS AMENDED

Enacted 06/16/10

A N A C T

RELATING TO MAKING IT EASIER TO DO BUSINESS IN RI - PART 3 -- HEALTH AND SAFETY -- FIRE SAFETY CODE

Introduced By: Representatives Serpa, Walsh, Melo, Gallison, and Kennedy

Date Introduced: May 06, 2010

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-28.1-6 of the General Laws in Chapter 23-28.1 entitled

"Comprehensive Fire Safety Act" is hereby amended to read as follows:

23-28.1-6. Applicability to new or existing structures. -- (a) All regulations contained

in this code apply to all structures unless specifically exempted. Prior to a building permit, other

than a foundation permit, being issued, all plans for buildings regulated under this code shall be

submitted to the authority having jurisdiction. The authority having jurisdiction shall approve or

disapprove the completed set of plans within a reasonable time not to exceed ninety (90) fifteen

(15) days. for fire alarm, smoke detection and/or carbon monoxide detector plans. The authority

having jurisdiction shall further approve or disapprove a completed set of plans, covering any

other project, within the specific time lines recommended by the state fire marshal, and

established on or before October 15, 2010 within the rules and regulations of the state fire safety

code board. In no case shall the authority having jurisdictional review of a completed set of plans

exceed ninety (90) days to complete that review without the express written approval of the state

fire marshal. The failure of an authority having jurisdiction to comply within the timelines

established pursuant to this section, may result in the issuance of a building permit. The above

examination of plans may be waived by the authority having jurisdiction when the plans for the

erection or alteration of a building are prepared by a professional engineer or architect, licensed

and/or registered by the State of Rhode Island, and the professional engineer or architect has

stated in a written, signed and stamped document, that he or she has supervised the preparation of

the applicable architectural, structural, electrical, mechanical, fire alarm and/or sprinkler design

contract documents, and that he or she will review and approve all working drawings for

construction, conduct on-site supervision of the construction process throughout the project, and

that the project shall, to the best of his or her knowledge conform to all provisions of the fire

safety code, and all rules and regulations, formal interpretations and blanket variances adopted

under its provisions. When a change of use or type of occupancy is made in an existing building,

the building shall conform to the requirements established by the rehabilitation building and fire

code for existing buildings and structures, or if the rehabilitation building and fire code for

existing structures is not applicable, to the requirements for new structures as related to the

proposed use or type of occupancy. Notwithstanding the foregoing, any completed set of plans

relating to the construction or rehabilitation of a residential dwelling occupied by one, two (2),

and/or three (3) families shall be approved or disapproved within sixty (60) days.

      (b) In existing structures, since it is not always practical or efficient to strictly apply all

of the provisions of the code, the authority having jurisdiction shall have the power to implement

and enforce the provisions of the code as provided for in the Uniform Fire Code (NFPA 1) and

the Life Safety Code (NFPA 101) with annexes, as applicable to existing structures, consistent

with such rules and regulations as may be adopted and such decisions as may be rendered by the

Fire Safety Code Board of Appeal and Review.

      (c) Application of the code to new and existing structures shall be consistent with such

blanket variances, variances, and rules, as may be approved by the Fire Safety Code Board of

Appeal and Review, and such modifications as may be issued in writing by the authority having

jurisdiction, in accordance with NFPA 101, with annexes.

SECTION 2. Section 23-28.2-9 of the General Laws in Chapter 23-28.2 entitled

"Division of Fire Safety" is hereby amended to read as follows:

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. Provided, further, that no person

shall be appointed as an assistant deputy state fire marshal unless such person, at the time of the

appointment, is a current employee of the state fire marshal's office, and/or is an active member

of a fire district, and/or is an active or retired member of a fire department, and/or is an active or

retired member of a police department currently serving or having served within this state.

      (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. Standardized fire code

interpretation through certification of assistant deputy state fire marshals. No individual may

serve as an assistant deputy fire marshal without first satisfying minimum qualifications as

determined through regulation by the state fire marshal. Such qualifications shall include meeting

the NFPA standard for professional qualifications for fire inspector, or such other comparable

national standard as determined by the state fire marshal.

SECTION 3. This act shall take effect upon passage.

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LC02565

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