2015 -- H 5262 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY -- DIVISION OF FIRE SAFETY

     

     Introduced By: Representatives Winfield, Casey, Costantino, Hull, and Morin

     Date Introduced: January 29, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-28.2-11 of the General Laws in Chapter 23-28.2 entitled

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

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     23-28.2-11. Investigation of fires and attempted fires. -- (a) The state fire marshal,

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and/or any of the deputy state fire marshals or assistant state fire marshals, may investigate any

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fire or apparently attempted fire, and shall investigate the cause, origin, and circumstances of

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every fire of suspicious origin, by which property has been damaged or destroyed, or apparently

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attempted fire, and any fire where a fatality occurs as the result of the fire and so far as it is

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possible determine the cause of the fire. The investigation shall begin immediately after the

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occurrence of the fire, and local government officials shall cooperate completely and assist the

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state fire marshal's office in all phases of the investigation.

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      (b) It shall be the responsibility of the local authority having jurisdiction to notify the

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state fire marshal's office of any fire of suspicious or incendiary origin or where death may have

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resulted from the fire. The fire marshal shall adopt notification procedures.

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     (c) The state fire marshal, and/or any of the deputy state fire marshals or assistant state

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fire marshals, shall prohibit any and all insurance adjusters from engaging in any solicitation or

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inspection or any physical presence on the premises under investigation until twenty-four (24)

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hours after either the municipal fire department and/or the state fire marshal, deputy state fire

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marshal or assistant state fire marshal releases control of the premises back to its legal owner(s)

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or occupant(s) unless the insurance adjuster is accompanied by and acting with permission of the

 

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premises' legal owner.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- DIVISION OF FIRE SAFETY

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     This act would authorize state fire marshals to prohibit public adjusters from physical

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presence on and solicitation or inspection of the premises under investigation until twenty-four

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(24) hours after control of the premises is released to its owner or occupant unless they are

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accompanied by and acting with permission of the legal owner.

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     This act would take effect upon passage.

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