2016 -- H 7947 SUBSTITUTE A

========

LC005433/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO HEALTH AND SAFETY - FIRE SAFETY

     

     Introduced By: Representatives Casey, Morin, Edwards, Keable, and Blazejewski

     Date Introduced: March 16, 2016

     Referred To: House Municipal Government

     (Administration)

It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 23-28.01-4 of the General Laws in Chapter 23-28.1 entitled

2

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

3

     23-28.01-4. Powers and duties. -- The powers necessary to implement the provisions of

4

this act shall be vested in the fire marshal, as provided for in chapter 28.2 of this title as amended,

5

who shall have, except as specifically provided otherwise in this title, all of the powers of the

6

authority having jurisdiction as are set forth in the Uniform Fire Code (NFPA 1) and the Life

7

Safety Code (NFPA 101) of the National Fire Protection Association, Inc., 2003 editions, until

8

December 31, 2012, with annexes, as those are updated, amended, altered, or deleted, and by the

9

addition of certain provisions of the fire safety code board of appeal and review, and who may

10

delegate authority as provided by law, and in the Fire Safety Code Board of Appeal and Review,

11

as provided for in chapter 28.3 of this title, which shall provide by rules and regulations for the

12

efficient and reasonable implementation of the provisions of the fire safety code. Effective

13

January 1, 2013, the powers necessary to implement the provisions of this act shall be vested in

14

the fire marshal, as provided for in chapter 28.2 of this title as amended, who shall have, except as

15

specifically provided otherwise in this title, all of the powers of the authority having jurisdiction

16

as are set forth in the Fire Code (NFPA 1) and the Life Safety Code (NFPA 101), 2012 editions,

17

and the National Fire Alarm & Signaling Code (NFPA 72), 2010 edition, of the National Fire

18

Protection Association, Inc., with annexes, except as updated, amended, altered or deleted and by

19

the addition of certain provisions, as indicated in the rules and regulations adopted by the fire

 

1

safety code board. The Fire Safety Code Board of Appeal & Review is hereby granted the

2

authority to adopt and implement any or all of the above National Fire Protection Association

3

codes, with amendments, prior to January 1, 2013, pursuant to its rulemaking authority. If one or

4

more of the above-referenced NFPA codes is so adopted by the board, prior to January 1, 2013,

5

the state fire marshal shall have the above enforcement power on the effective date of the rules

6

and regulations adopted by the fire safety board.

7

     SECTION 2. Sections 23-28.1-2 and 23-28.1-7 of the General Laws in Chapter 23-28.1

8

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

9

     23-28.1-2. Purposes. -- (a) Effective January 1, 2004 through December 31, 2012, the

10

Uniform The Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) of the National Fire

11

Protection Association, Inc., 2003 editions, with annexes, except as updated, amended, altered or

12

deleted and by the addition of certain provisions, as indicated in the rules and regulations adopted

13

by the fire safety code board, is hereby adopted as the "Rhode Island Fire Safety Code". Effective

14

January 1, 2013, the Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) 2012 editions,

15

and the National Fire Alarm & Signaling Code (NFPA 72), 2010 edition of the National Fire

16

Protection Association, Inc., with annexes, except as updated, amended, altered or deleted and by

17

the addition of certain provisions, as indicated in the rules and regulations adopted by the fire

18

safety code board, is hereby adopted as the "Rhode Island Fire Safety Code."

19

      The Fire Safety Code Board of Appeal & Review is hereby granted the authority to

20

adopt and implement any or all of the above National Fire Protection Association codes, with

21

amendments, prior to the January 1, 2013, pursuant to its rulemaking authority.

22

      The Fire Safety Code Board of Appeal and Review shall consider the following when

23

promulgating the aforementioned rules and regulations:

24

      (1) For business, storage, mercantile and industrial occupancies, the board shall consider

25

alternative methods of code compliance, including, but not limited to, the use of vertical and

26

horizontal fire separation when determining the square footage for fire alarm and sprinkler

27

requirements; allowing non-monitored fire alarm systems to be installed in accordance with the

28

methods outlined in NFPA 72, 2010 edition, and shall further consider alternative methods to

29

ensure the consistent enforcement of the code.

30

      (2) For occupancy groups previously granted relief including, but not limited to, existing

31

apartments, places of worship, marinas and the marine trade industry, funeral homes, restaurants

32

and non-residential barns, the board shall consider the appropriateness of the reincorporation of

33

this relief into the 2012 codes code.

34

      This code shall be liberally construed and applied to promote its underlying purposes and

 

LC005433/SUB A - Page 2 of 6

1

policies.

2

      (b) The underlying purposes and policies of these chapters are:

3

      (1) To simplify, clarify and modernize the law governing fires and fire prevention;

4

      (2) (i) To specify reasonable minimum requirements for fire safety in new and existing

5

buildings and facilities, except in private dwellings occupied by one, two (2) or three (3) families,

6

in the various cities or towns in this state; provided, however, this code shall provide reasonable

7

standards for the installation of smoke alarms and carbon monoxide detectors alarms in private

8

dwellings occupied by one, two (2), and three (3) families; provided, further, that after July 1,

9

2008, three (3) family dwellings shall be equipped with hard wired or supervised interconnected

10

UL approved wireless smoke alarms and carbon monoxide detectors alarms, in accordance with

11

standards established by the Fire Safety Code Board of Appeal and Review; provided further that

12

      (ii) The local fire authority that performs smoke detector alarm and carbon monoxide

13

detector alarm plan review and inspection for the installation of smoke detector alarm and/or

14

carbon monoxide detection in any new and existing private dwelling occupied by one, two (2)

15

and three (3) families shall charge no more than a seventy-five dollar ($75.00) fee for a one

16

family unit, a one hundred twenty-five dollar ($125) fee for a two (2) family unit and a one

17

hundred seventy-five dollar ($175) fee for a three (3) family unit for the smoke detector alarm

18

and carbon monoxide detector alarm plan review together with any subsequent detection

19

inspections.

20

      (3) Except as provided in subdivision (b)(5) of this section, to permit the cities and towns

21

to enact ordinances and orders relating to fire safety provided those ordinances and orders impose

22

requirements equal to, additional to, or more stringent than those contained in this code which

23

ordinances and orders shall be effective only upon the approval by rule of the Fire Safety Code

24

Board of Appeal and Review. Any ordinance or order relating to fire safety enacted by any city or

25

town shall be prospective in its application and shall be enacted after public hearing. The city or

26

town shall cause printed notices of the time, place, and subject matter of the hearing to be posted

27

in three (3) public places in the city or town, for three (3) weeks next preceding the time of the

28

hearing, and shall advertise in a newspaper circulated in the city or town, if any there be, at least

29

once a week for the same period of time;

30

      (4) Jurisdiction for the interpretation of any city or town ordinance or order relating to

31

fire safety shall be vested in the Fire Safety Code Board of Appeal and Review; provided,

32

however, that the responsibility for the enforcement of the ordinance or order shall be with the

33

local authorities and petitions for variations from the ordinance or order shall be heard by the

34

state fire safety board of appeal and review in the manner prescribed in chapter 28.3 of this title;

 

LC005433/SUB A - Page 3 of 6

1

and

2

      (5) Notwithstanding anything to the contrary contained herein, no city or town may enact

3

any ordinance or order relating to the requirement for the handling of explosives pursuant to

4

chapter 28.28 of this title or for the installation of, or specifications for, the fire alarm sections of

5

this code, the fire protection systems as prescribed by chapter 28.25 of this title, or for the

6

possession and display of commercial fireworks or pyrotechnics pursuant to chapter 28.11 of this

7

title, which chapter shall exclusively govern the requirements for the installation of, and

8

specification for, fire protection systems, the handling of explosives and possession and display

9

of commercial fireworks or pyrotechnics. All such ordinances or orders relating to the

10

requirements for the installation of and specifications for such fire protection systems, the

11

handling of explosives, or possession and display of commercial fireworks or pyrotechnics

12

heretofore enacted by any city or town are of no force and effect.

13

      (c) In this code, unless the context otherwise requires:

14

      (1) Words in the singular number include the plural, and in the plural include the

15

singular; and

16

      (2) Words of the masculine gender include the feminine and the neuter and, when the

17

sense so indicates words of the neuter gender may refer to any gender.

18

     23-28.1-7. Conformity required. -- (a) No building shall be constructed for, used for, or

19

converted to, any occupancy regulated by the code, and no addition shall be made to a building

20

except in accordance with the applicable provisions of the code or the rehabilitation building and

21

fire code for existing buildings and structures, as applicable.

22

      (b) Any existing structure that is not in conformity with the provisions of this code is

23

governed by the following:

24

      (1) The authority having jurisdiction is authorized to give building owners a reasonable

25

notice of fire safety code violations and establish a timetable for compliance or, in cases of

26

practical difficulty, establish a time by which the owner must petition to the fire safety code board

27

for a variation.

28

      (2) The fire marshal, or his or her designee within the division, or a nonsalaried deputy

29

state fire marshal in accordance with guidelines established by the fire marshal, has the authority

30

to summarily abate any condition which presents immediate danger to life, these conditions shall

31

include improper management or use of flammable and combustible materials, liquids and gasses,

32

pyrotechnics, fireworks or explosives, malfunctioning automatic sprinklers, fire alarms and

33

emergency lighting, malfunctioning heating and electrical systems, and blocked or inadequate

34

exits or means of egress, and such other conditions as may be established by the Fire Safety Code

 

LC005433/SUB A - Page 4 of 6

1

Board of Appeal and Review. A failure to abate a condition that presents a clear and immediate

2

danger to life shall be grounds for the person issuing the order to abate, to require that the

3

premises be vacated, this action shall be either authorized by the fire marshal or a designee of the

4

fire marshal who has been given advanced written authority by the fire marshal to approve such

5

actions.

6

      (3) All new buildings and structures, for which a building permit is issued on or after

7

February 20, 2004 the effective date of the adopted code, shall be subject to the provisions of the

8

Rhode Island Fire Safety Code addressing the new occupancy. All existing buildings and

9

structures, and those buildings and structures for which a building permit was issued prior to

10

February 20, 2004 the effective date of the adopted code, shall be subject to the provisions of the

11

Rhode Island Fire Safety Code addressing the existing occupancy. Any existing building or

12

structure, subject to the provisions of the Rehabilitation Building and Fire Code for Existing

13

Buildings and Structures, shall also comply with the existing occupancy provisions of the Rhode

14

Island Fire Safety Code addressing the current or proposed occupancy. All active fire protection

15

systems, including but not limited to sprinklers, fire alarms, emergency lighting, smoke detectors

16

and exit signs, previously required and installed in existing buildings, shall continue to be

17

properly maintained.

18

      (4) Any building and/or structure that is in compliance on December 31, 2012 with the

19

2003 edition of the NFPA 1 and 101 as adopted and/or amended under the 2003 Comprehensive

20

Fire Safety Act shall be deemed compliant. Such compliant building and/or structure shall not be

21

required to comply with the 2012 edition of the NFPA 1 and 101 as adopted and/or amended

22

pursuant to Rhode Island general laws ยง 23-28.01-4 that would require additional expenditures

23

until December 31, 2015. The aforementioned compliant buildings and/or structures shall not be

24

further required to comply with the 2010 edition of the NFPA 72 until December 31, 2015.

25

     SECTION 3. Section 23-28.2-21 of the General Laws in Chapter 23-28.2 entitled

26

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

27

     23-28.2-21. National Fire Code. -- Except wherever herein specifically defined or

28

covered in this code, the provisions of the N.F.P.A. NFPA Standards included in the National Fire

29

Code, 2003 edition as referenced by the edition of the Life Safety Code in effect at the time, shall

30

be used by the authority having jurisdiction as the accepted standard with regard to fire safety

31

regarding any unforeseen condition.

32

     SECTION 4. This act shall take effect upon passage.

========

LC005433/SUB A

========

 

LC005433/SUB A - Page 5 of 6

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - FIRE SAFETY

***

1

     This act would make several updates to the state fire code and its reference to the term

2

and adoption of portions of the national fire codes.

3

     This act would take effect upon passage.

========

LC005433/SUB A

========

 

LC005433/SUB A - Page 6 of 6