2022 -- H 7976

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LC005459

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HEALTH AND SAFETY -- OFFICE OF THE STATE FIRE MARSHAL

     Introduced By: Representatives Casey, Chippendale, Noret, and Kennedy

     Date Introduced: March 11, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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

of State Fire Marshal" is hereby amended to read as follows:

     23-28.2-11. Investigation of fires and attempted fires.

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

marshals, may investigate any fire, or apparently attempted fire, and shall investigate the cause,

origin, and circumstances of every fire of suspicious origin, by which property has been damaged

or destroyed, or apparently attempted fire, and any fire where a fatality occurs as the result of the

fire and, so far as it is possible, determine the cause of the fire. The investigation shall begin

immediately after the occurrence of the fire, and local government officials shall cooperate

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

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

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

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

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

marshals, and/or municipal officials, including, without limitation, police, fire, and building

officials, shall prohibit any and all insurance adjusters, contractors, and restoration companies from

engaging entering onto the property where the fire occurred to engage in any solicitation or

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

hours after of the fire loss without the consent of the owner or occupant of the property and not

until such time as either the municipal fire department and/or the state fire marshal, deputy state

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

or occupant(s), unless the insurance adjuster, contractor, or restoration company is accompanied

by, or acting with, permission of the premises' legal owner.

     (d) Any insurance adjuster, contractor, or restoration company in violation of the

provisions of subsection (c) shall be subject to a civil penalty of one thousand dollars ($1,000) for

each violation and may be subject to revocation of the appropriate professional license or

registration.

     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 -- OFFICE OF THE STATE FIRE MARSHAL

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     This act would provide that an insurance adjuster, contractor, or restoring company could

not enter onto property where a fire occurred and engage in any solicitation or inspection of the fire

loss without the consent of the owner or occupant, until such time as the state fire marshal or similar

entity releases control of the premises back to the legal owner or occupant of the premises.

     This act would take effect upon passage.

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LC005459

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