Chapter 04-220

2004 -- H 8420 SUBSTITUTE A

Enacted 06/30/04

A N A C T

RELATING TO HEALTH AND SAFETY

Introduced By: Representatives Landroche, Trillo, Ginaitt, McHugh, and Carter

Date Introduced: April 20, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-28.01-5 of the General Laws in Chapter 23-28.01 entitled “Comprehensive Fire Safety Act” and sections 23-28.1-2, 23-28.1-3, 23-28.1-4, 23-28.1-5 and 23-28.1-7 of the General Laws in Chapter 23-28.1 entitled “Fire Safety Code – General Provisions” are hereby amended to read as follows:

23-28.01-5. Planning and reporting. -- The system of fire safety codes, compliance,

enforcement, and education, shall be regularly reviewed in order to maintain the use of best

practices throughout Rhode Island and to plan for and implement professional, comprehensive,

efficient and effective fire safety measures in the state.

     (a) The fire marshal shall, in conjunction with the fire safety code board of appeal and

review, the building code commission, the department of health, the economic development

corporation, the department of elementary and secondary education, and representatives of local

fire departments, prepare and approve by February 20, 2004, a comprehensive plan setting forth

goals and implementation measures for improving fire safety in Rhode Island, which plan shall

include recommendations regarding public, fire safety education. The plan may be periodically

reviewed and amended and shall be updated at least once every five (5) years. The plan, and any

amendments and updates, shall be submitted to the governor, the speaker of the house and the

president of the senate. A copy of the plan shall be provided to the secretary of state, and the

report shall be posted on the website of the fire marshal.

     (b) The fire marshal shall submit a report on or before February 1, 2005, and annually not

later than February 1 in each year thereafter, to the governor, the speaker of the house and the

president of the senate on fire safety in Rhode Island, summarizing the incidence of fires in

Rhode Island, describing the status of fire safety efforts in Rhode Island and progress toward

meeting goals set forth in the five (5) year plan, and recommending actions for improving fire

safety. A copy of the report shall be provided to the secretary of state, and the report shall be

posted on the website of the fire marshal.

     (c) In order to increase public information about fire risks in places of assembly, the fire

marshal shall make public the repeat and/or uncorrected fire safety code violations of all places of

assembly that are in special amusements buildings classified as nightclubs and provide this

information on a website, effective February 20, 2004.

23-28.1-2. Purposes. -- Rules of construction - General application -- (a) Effective

January 1, 2004, the Uniform Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) of the

National Fire Protection Association, Inc., 2003 editions, with appendices annexes, except as

updated, amended, altered or deleted and by the addition of certain provisions, as indicated in the

rules and regulations adopted by the fire safety code board, is hereby adopted as the "Rhode

Island Fire Safety Code". This code shall be liberally construed and applied to promote its

underlying purposes and policies.

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

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

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

buildings and facilities, except in private dwellings occupied by one (1), two (2) or three (3)

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

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

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

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

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

established by the Fire Safety Code Board of Appeal and Review; and

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

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

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

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

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

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

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

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

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

once a week for the same period of time;

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

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

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

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

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

and

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

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

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

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

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

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

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

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

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

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

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

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

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

singular; and

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

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

23-28.1-3. Codification. -- Specific types of occupancies and General subjects are

regulated under chapters and to further facilitate reference each section of each chapter is titled

and in numerical order.

23-28.1-4. Interpretations -- In this code:

     (1) The titles and headings of chapters shall be deemed to be a part of those chapters;

provided, however, that the titles and heading of sections shall not be considered a part thereof.

     (2) Where in this code such terms as "proper", "adequate", "sufficient", "ample",

"suitable", "substantial", "necessary", "dangerous", and the like or derivatives thereof are used,

they shall be understood to mean proper, adequate, etc., to the satisfaction or in the opinion of the

authority having enforcement jurisdiction; and such terms as "where practicable", "where

required", "as far as possible", shall have a like significance.

(3) Where the term "approved" is used in this code, it shall be understood to mean "in

accordance with the specific provisions related to the particular subject as are contained in this

code, or as approved in particular by the state fire marshal."

23-28.1-5. Definitions. -- Unless otherwise expressly stated, the following terms shall,

for the purpose of this title, have the meanings indicated in this section; provided, however, that

The terms used in NFPA 1 (Uniform Fire Code), in NFPA 101 (Life Safety Code) and in such

other national codes as are authorized for adoption by the Fire Safety Code Board of Appeal and

Review shall be given the definitions established in those codes unless another meaning is

provided for in this title and is essential to implementing the purposes of this title, and the Fire

Safety Code Board of Appeal and Review shall have authority to resolve any conflicts among

definitions in order to achieve the purposes of this title and/or provide for the efficient

administration of codes.:

     (1) Air supported structure. A structural and mechanical system which is constructed of

high strength fabric or film and achieves its shape, stability, and support by pretensioning with

internal air pressure; air structures may be used for temporary applications. Abatement or to

abate a condition. Abatement, or to abate a condition, is the reduction, decrease, or diminution of

a hazardous condition that presents immediate danger to life. The term “immediate” denotes that

action is or must be taken either instantly or without any considerable loss of time. The condition

may be singular or may be a set of conditions that in combination present an immediate danger to

life. Such conditions shall include improper management or use of flammable and combustible

materials, liquids and gasses, pyrotechnics, fireworks or explosives, malfunctioning automatic

sprinklers, fire alarms and emergency lighting, malfunctioning heating and electrical systems,

blocked or inadequate exits or means of egress, and such other conditions as may be established

by the Fire Safety Code Board of Appeal and Review.

(2) Alteration. As applied to a building or structure means a change or rearrangement in

the structural parts or in the means of egress; or an enlargement, whether by extending on a side

or by increasing in height; or the moving from one location or position to another.

(3) Apartment house. (i) The term "apartment house" means a building containing four

(4) or more family units or apartments arranged such that a common means of egress is shared by

two (2) or more family units or apartments.

(ii) A family unit or apartment shall be that part of an apartment house that is arranged

for the use of one or more persons living and cooking together or alone as a single housekeeping

unit.

(4) Area of refuge. The term "area of refuge" means a ground area, reasonably accessible

from a building, of sufficient size and in safe condition for refuge by all building occupants at a

safe distance from the building. When used in relation to areas within buildings, this term shall

mean an area beyond a fire wall or smoke barrier of sufficient size to offer refuge to all occupants

on the same floor of the building.

(5) Attic. The space between the ceiling beams of the top habitable story and the roof

rafters.

(6) Attic (habitable). A habitable attic is an attic which has a stairway as a means of

access and egress and in which the ceiling area at a height of seven and one-third feet (71/3')

above the attic floor is not more than one-third (1/3) the area of the floor next below.

(7) (2) Authority having jurisdiction. Unless specifically defined to the contrary in the

various occupancy chapters this code, the authority having jurisdiction for the enforcement of this

code shall be the state fire marshal, the deputy fire marshals, and assistant deputies.

(8) Automatic. As applied to fire protection devices, is a device or system providing an

emergency function without the necessity of a human intervention and activated as a result of a

predetermined temperature rise, rate of rise of temperature, or increase in the level of combustion

products, such as incorporated in an automatic sprinkler system, automatic fire door, etc.

(9) Automatic detecting device. A device which automatically detects heat, smoke, or

other products of combustion.

(10) Automatic fire alarm system. A manual fire alarm system containing automatic

detecting device(s) which actuates a fire alarm signal.

(11) Automatic fire door. A fire door or other opening protective constructed and

arranged so that, if open, it shall close when subjected to:

(i) A predetermined temperature,

(ii) A predetermined rate of temperature rise, or

(iii) Smoke or other products of combustion.

(12) Automatic sprinkler. A device, connected to a water supply system, that opens

automatically at a predetermined fixed temperature and disperses a spray of water.

(13) Automatic sprinkler system. A sprinkler system, for fire protection purposes, is an

integrated system of underground and/or overhead piping designed in accordance with fire

protection engineering standards. The system includes a suitable water supply. The portion of the

system above ground is a network of specially or hydraulically designed piping installed in a

building, structure, or area, generally overhead, and to which automatic sprinklers are connected

in a systematic pattern. The system is usually activated by heat from a fire and discharges water

over the fire area.

(14) Automatic water supply. Water supplied through a gravity or pressure tank or

automatically operated fire pumps, or from a direct connection to an approved municipal water

main.

(15) Basement. The term "basement" means that portion of a building, the floor of which

is at least two feet (2') below the lowest adjacent ground level or sidewalk at any point, and is

below ground level for more than fifty percent (50%) of its area to a depth greater than fifty

percent (50%) of its clear story height (floor to ceiling). (See "Story," "Cellar.")

(16) Boarding homes. The term "boarding home" means a building used in whole or in

part as a place for the boarding and care of five (5) or more persons, excluding a family group of

a dwelling or home, and homes for the aged, but shall not include such places as are defined

under the term "hospital," "convalescent home," "nursing home," "foster home," "rest home."

(17) Building. Any structure used or intended for supporting or sheltering any use or

occupancy.

(18) Building (Existing). Any structure erected prior to the adoption of the appropriate

code, or one for which a legal building permit has been issued.

(19) Business building. The term "business building" means a building used for or

planned for use in transacting business that does not involve the storage of stocks or goods,

wares, or merchandise in large quantities, except such as are incidental to display purposes;

included, among others shall be office buildings, civil administration activities, professional

services, testing, and research laboratories, radio stations, telephone exchanges, gasoline stations

having a storage capacity under twenty thousand (20,000) gallons, and similar establishments.

(20) Cellar. That portion of a building the ceiling of which is completely below ground

level at all exterior walls. (See "Story," "Basement.")

(21) Child day care center. The term "child day care center" means a room or group of

rooms or spaces within a building used as a place for the care, guidance and/or supervision of a

total of five (5) or more children not of common parentage, which term shall include all such

places known as day nurseries, nursery schools, kindergarten schools, play schools, and

preschools.

(22) Chimney. A primarily vertical enclosure containing one or more passageways.

(23) Chimney connector. A pipe which connects a fuel burning appliance to a chimney.

(24) Classroom. The term "classroom" means a room used by a group of students to

receive instructions or pursue studies.

(25) (3) Code. The term "code" means this Fire Safety Code established under the

provisions of § 23-28.1-1.

(26) Combustible. The term "combustible" means that which is not within the category of

"noncombustible," as defined in this section of the code.

(4) Compliance order. For the purposes of this Code, a compliance order is defined as a

command or direction authoritatively given to a building owner or occupant to provide

conformance with the Fire Safety Code. A compliance order takes effect when a building owner

or occupant, after proper notice, has exhausted his/her administrative appeals or has failed to avail

himself/herself of appropriate administrative appeals within a reasonable period of time after

receiving proper notice.

(27) Convalescent home. See intermediate care facility.

(28) Covered mall. A covered or roofed interior area used as a pedestrian public way and

connecting buildings and/or a group of buildings housing individual or multiple tenants.

(29) Dumbwaiters. A "dumbwaiter" is a lifting and lowering mechanism with a floor area

not exceeding nine (9) square feet, with a car top not more than four feet (4') above the car floor,

the capacity not to exceed five hundred pounds (500 lbs.), which is used exclusively for carrying

freight. No persons are permitted to ride on, in, or to step into the car.

(30) Elevator. An elevator is a hoisting and lowering mechanism equipped with a car

platform which moves in guides in a substantially vertical direction which services two (2) or

more floors of a building or structure.

(31) Exit. The term "exit" shall have the same meaning as "means of egress," as defined

in this section.

(32) Factory-built chimneys. A chimney that is factory made, listed by a nationally

recognized testing or inspection agency, for venting gas appliances, gas incinerators, and solid or

liquid fuel burning appliances.

(33) (5) Family day care home. The term "family day care home" means any home other

than the child's home in which child day care in lieu of parental care and/or supervision is offered

at the same time to at least four (4) but not more than eight (8) children who are not relatives of

the care giver, and which is licensed by the state department of children, youth, and families and

subject to the department's regulations.

(34) Fire door. The term "fire door" means a door and its assembly with jamb, so

constructed and assembled in place as to have a certified fire-resistant rating of at least the herein

prescribed duration.

(35) Fire retardant treated wood. (i) The term "fire retardant treated wood" means wood

so treated by a pressure impregnation process as to reduce its combustibility. When permitted as a

structural element, fire retardant treated wood shall be tested in accordance with Standards of

N.F.P.A. 255, A.S.T.M.E.-84 and U.L. 723, and shall show a flamespread rating of no greater

than twenty-five (25) when exposed for a period of not less than thirty (30) minutes with no

evidence of significant progressive combustion. The material shall bear the identification of an

accredited authoritative testing agency showing the performance thereof.

(ii) When used as an interior finish, material fire retardant treated wood shall meet the

required flame spread ratings when tested in accordance with the test scale described in the

definition of flamespread.

(iii) Such material shall not be used on the exterior of buildings where it will be exposed

directly to the weather.

(36) Fire wall. The term "fire wall" means a wall of brick, reinforced concrete, hollow

masonry units or other approved noncombustible materials, which subdivides a building or

separates a building to restrict the spread of fire; and shall have sufficient structural stability

under fire conditions to allow collapse of construction on either side without collapse of the wall;

and shall be continuous from foundation to two feet eight inches (2'8") above the roof surface,

except the wall is permitted to terminate at the underside of the roof deck where the roof is of

noncombustible construction and is properly firestopped at the wall or the roof sheathing or deck

is constructed of approved noncombustible materials or approved fire-retardant treated wood and

the wall is properly firestopped at the deck for a distance of four feet (4') on both sides of the wall

and the roof covering has a minimum of a class C rating.

(37) Flame resistance. The property of materials or combinations of component materials

which restricts the spread of flame as determined by the flame resistance tests specified in this

code.

(38) Flamespread. The propagation of flame over a surface.

(39) Flamespread rating. The measurement of flamespread on the surface of materials or

their assemblies as determined by tests conducted in compliance with recognized standards.

(40) Flamespread rating. The term "flamespread rating" means the classification of

materials in accordance with the method of testing the surface burning characteristics of building

materials as described in N.F.P.A. pamphlet 255, A.S.T.M.E.-84, and U.L. 723, in which asbestos

cement board rates zero (0) on the scale, and red oak lumber, one hundred (100).

(41) Flammable. Subject to easy ignition and rapid flaming combustion.

(42) Floor furnace. A self-contained, connected or vented furnace designed to be

suspended from the floor of the space being heated taking air for combustion outside this heated

space and with means for observing the flame and lighting the appliance from the space being

heated.

(43) Forced warm air furnace. A furnace equipped with a blower to provide the primary

means for circulating air.

(44) Grade. A reference plane representing the average of finished ground level adjoining

the building at all exterior walls.

(45) Grade hallway, grade lobby, grade passageway. An enclosed hallway or corridor that

is an element of an exitway, terminating at a street or an open space or court communicating with

a street.

(46) Grandstand. Any structure, except movable seating and sectional benches, intended

primarily to support individuals for the purposes of assembly, but this definition shall not apply to

the permanent seating in theatres, churches, auditoriums, and similar buildings.

(47) Group home I. A "group home I" for children means a specialized facility for child

care and treatment in a dwelling or apartment owned, rented or leased by a public child-placing

agency, private licensed child-placing agency, a family and independent operator or private or

public organization which receives no more than eight (8) children for care both day and night. A

"group home I" shall be subject to the same fire and health regulations which apply to "homes for

the boarding of children" licensed by the state department of children, youth, and families with a

maximum total of eight (8) children as defined in chapter 28.13 of this title, §§ 23-28.13-27 to 23-

28.13-33, inclusive; provided, however, that the provisions of § 23-28.30-13 shall also be

applicable.

(48) Habitable space. Space in a structure for living, sleeping, eating, or cooking.

Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not

considered habitable space.

(49) Habitable space, minimum height. A clear height from finished floor to finished

ceiling of not less than seven and one-half feet (7 1/2'), except that in attics and top half stories

the height shall be not less than seven and one-third feet (7 1/3') over not less than one-third (1/3)

the area of the floor when used for sleeping, study, or similar activity.

(50) Habitable space, minimum size. A space with a minimum dimension of seven feet

(7') and a minimum area of seventy square feet (70 sq. ft.) between enclosing walls or partitions,

exclusive of closet and storage spaces.

(51) Halogenated extinguishing system. A system of pipes, nozzles, and an actuating

mechanism and a container of halogenated agent under pressure.

(52) Health care facilities. A place, however named, which is established, offered,

maintained, or operated for the provision of organizing inpatient or ambulatory medical,

diagnostic, therapeutic, nursing, rehabilitative, or preventive care of persons with physical,

mental, or other disabling conditions or diseases; including, but not limited to, hospitals, skilled

nursing facilities, and intermediate care facilities.

(53) Heating appliance. Any device designed or constructed for the generation of heat

from solid, liquid, or gaseous fuel or electricity.

(54) High rise. Is a structure more than six (6) stories or which is more than seventy-five

feet (75') in height above the basement or ground.

(55) Hollow masonry unit. A masonry unit whose net cross-sectional area in any plane

parallel to the bearing surface is less than seventy-five percent (75%) of its gross cross-sectional

area measured in the same plane.

(56) Horizontal exit. The "horizontal exit" means a doorway through or around a fire wall

protected by a fire door, which door shall not be held in an open position by a device which will

require more than one movement of normal strength to close. This term shall also include a

bridge connecting two (2) buildings whose outside walls are of masonry construction.

(57) Hospital. A "hospital" is a health facility with an organized medical staff providing

for twenty-four (24) hour inpatient services for the diagnosis, care and treatment of two (2) or

more individuals unrelated by blood or marriage.

(58) Hotel. The term "hotel" means a building or portion of a building used as a place

where sleeping accommodations are furnished for hire or other consideration, with or without

board, for twenty-one (21) or more guests or employees of the management, or in which eleven

(11) or more sleeping rooms are maintained for such guests or employees. The term "hotel" shall

include all clubs, schools, motels, dormitories, or other buildings which have similar sleeping

accommodations, but shall not include apartment houses, hospitals, penal institutions, or

buildings housing the insane.

(59) Industrial building. The term "industrial building" means a building or structure

used, or planned to be used for manufacturing primarily, or in which five (5) or more persons, at

any one time, are engaged in performing work or labor in fabricating, assembling, or processing

of products or materials. Included, among others, shall be factories, assembly plants, industrial

laboratories, and all other industrial or manufacturing uses; excluding high hazard uses. This

definition shall also apply to those industrial buildings the contents of which are classified as

ordinary hazard or high hazard in accordance with § 23-28.17-7 regardless of the number of

employees.

(60) Interior finish. (i) The term "interior finish" means and include the material on walls,

on partitions of fixed or movable type, on ceilings and on other exposed interior surfaces of

buildings and any surfacing material including paint or wall coverings applied thereto. "Interior

finish" includes materials affixed to the building structure as distinguished from decorations or

furnishings which are not so affixed. Finish floors and floor coverings shall be considered a part

of the interior finish.

(ii) The classification of interior finish materials shall be that of the basic material used,

without regard to subsequently applied paint or paper or materials of no greater fire hazard than

paper, provided such finish does not exceed one-twenty-eighth of an inch (1/28") in thickness and

is applied directly to a noncombustible base. Baseboards, chair rails, moulding, trim around

openings, and other interior trim not more than twelve inches (12") in width and not exceeding

ten percent (10%) of the exposed wall and ceiling surface of the area involved, may be Class A, B

or C. Exposed portions of heavy timber members shall not be subject to interior finish

regulations. Interior finish materials that give off smoke or gases more dense or more toxic than

that given off by untreated wood under comparable exposure to heat or flame shall not be

permitted.

(iii) Interior finish materials shall be grouped in accordance with their flamespread

characteristics as follows:

(A) "Class A" includes any material classified at twenty-five (25) or less flamespread

rating as established by the test scale described in the definition of flamespread rating. any

element thereof when so tested shall not continue to propagate flame.

(B) "Class B" includes any material classified at more than twenty-five (25) but not more

than seventy-five (75) as established by the test scale as described in the definition of flamespread

rating.

(C) "Class C" includes any material classified at more that seventy-five (75) but not more

than two hundred (200) as established by the test scale described in the definition of flamespread

rating.

(61) Intermediate care - Class I. An intermediate care - Class I is a physical structure

properly equipped and employing sufficient appropriate personnel to render proper nursing care

to patients with chronic conditions who do not require professional nursing service.

(62) Intermediate care - Class II. An intermediate care - Class II is a physical structure

properly equipped and employing sufficient appropriate personnel capable of providing care for

ambulatory persons requiring minimal or no specialized nursing service but in need of personal

care and supervision.

(63) Intermediate care facility. An intermediate care facility is a health care facility or an

identifiable unit or distinct part of a facility which provides twenty-four (24) hour inpatient

preventive and supportive nursing care to two (2) or more persons unrelated by blood or marriage

whose condition is stabilized but requires continued nursing care and supervision.

(64) Labeled. The word "labeled" used in connection with equipment throughout these

regulations refers to equipment bearing the inspection label of the nationally recognized testing

agency.

(65) Limited area sprinkler system. An automatic sprinkler system consisting of not more

than twenty (20) sprinklers for use in a room or space enclosed by construction assemblies as

required by this code.

(66) Liquefied natural gas. A fluid in the liquid state composed predominantly of

methane and which may contain minor quantities of ethane, propane, nitrogen or other

components normally found in natural gas.

(67) Liquefied petroleum gas. The term "liquefied petroleum gas" and its symbol, "LP-

Gas," as used in this code, means and includes any material which is composed predominantly of

any of the following hydrocarbons, or mixtures of them; propane, propylene, butanes (normal

butane or iso-butane), and butylenes.

(68) Listed. The word "listed" used throughout these regulations in connection with

equipment refers to devices and materials that have been investigated by and meet the listing

requirements of a nationally recognized testing agency. This equipment shall be identifiable by

means of a label or other distinguishing marking specified in the current list published by the

testing agency.

(69) Lobby. The enclosed vestibule between the principal entrance to the building and the

doors to the main floor of the auditorium or assembly room of a theatre or place of assembly, or

to the main floor corridor of a business building.

(70) Masonry chimney. A field constructed chimney of solid masonry units, bricks,

stones, listed hollow masonry units, or reinforced concrete built in accordance with nationally

recognized standards.

(71) Means of egress. A continuous and unobstructed path of travel from any point in a

building or structure to a public space and consists of three (3) separate and distinct parts: (i) the

exitway access; (ii) the exitway; and (iii) the exitway discharge. A means of egress comprises the

vertical and horizontal means of travel and shall include intervening room spaces, doors,

hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators,

horizontal exits, courts, and yards.

(72) Mercantile buildings. The term "mercantile building" means a building or structure

used or intended to be used for the display or sale of goods, wares, and merchandise and in which

people congregate, but involving only storage of stocks and goods that are incidental to display

and merchandising, including among others, retail stores, shops, sales rooms, and markets,

excluding high hazard contents.

(73) Metal chimney (Smokestack). A field constructed chimney made of metal and built

in accordance with nationally recognized standards.

(74) Mezzanine. An intermediate level between the floor and ceiling of any story, and

covering not more than thirty-three percent (33%) of the floor area of the room in which it is

located.

(75) Motels. See "hotels."

(6). Nightclub. A place of public accommodation, which in general is characterized by all

of the following:

1. Provides entertainment by a live band or recorded music generating above normal

sound levels.

2. Has as its primary source of revenue, in general, the sale of beverages of any kind for

consumption on the premises and/or cover charges. Food, if served, is considered a secondary

attraction.

3. Has an occupant load in total or in any single area or room of at least 100 patrons.

Nothing in this definition shall be construed to include any place of public

accommodation or any event within a place of public accommodation, which is in its nature

distinctly private.

(76) Noncombustible. The term "noncombustible" as applied to building construction

materials means material which, in the form in which it is used, falls in one of the following

groups (i) through (iii). No material shall be classed as noncombustible which is subject to

increase in combustibility or flamespread rating beyond the limits established in this code,

through the effects of age, moisture, or other atmospheric condition. Flamespread rating as used

herein refers to ratings established by the test scale described in the definition of flamespread

rating.

(i) Materials no part of which will ignite and burn when subjected to fire.

(ii) Materials having a structural base of noncombustible material as defined in (i) with a

surfacing material not over one-eighth inch (1/8") thick which has a flamespread rating not higher

than fifty (50).

(iii) Materials, other than as described in (i) and (ii), having a surface flamespread rating

not higher than twenty-five (25) without evidence of continued progressive combustion and of

such composition that surfaces that would be exposed by cutting through the material in any way

would not have a flamespread rating higher than twenty-five (25) without evidence of continued

progressive combustion.

(77) Noncombustible material. (i) The term "noncombustible material" when used in

relation to interior finish on walls or on partitions of fixed or movable type or on other exposed

interior wall surfaces and any surface material such as paint or other wall coverings means

material which in the form it is used falls into clause (A) or (B): (A) Materials no part of which

will ignite or burn when subjected to fire; (B) Materials other than described in clause (A) having

a maximum surface flamespread rating on both front and back faces not higher than Class A

without evidence of continued progressive combustion and of such composition that surfaces

exposed by cutting through the material in any way would not have a flamespread rating higher

than Class A without evidence of continued progressive combustion.

(ii) The term "noncombustible material" when used in relation to acoustical ceiling tile or

other interior finish on ceilings shall mean materials having a maximum surface flamespread

rating on both front and back faces not higher than Class A without evidence of continued

progressive combustion and of such composition that surfaces exposed by cutting through the

material in any way would not have a flamespread rating higher than Class A without evidence of

continued progressive combustion and when used as a part of a ceiling assembly the assembly

shall be of a design tested and listed by underwriters' laboratories, inc., as having a fire resistance

rating of not less than one hour.

(iii) No material shall be classed as noncombustible which is subject to increase in

combustibility or flamespread rating beyond the limits established in this code through the effects

of age, moisture, or other atmospheric condition. Flamespread rating, as used in this code refers

to ratings obtained according to standard tunnel test methods of a nationally recognized

laboratory in which asbestos cement board rates zero (0) on the scale and red oak lumber one

hundred (100), in accordance with Standards of N.F.P.A. 255, A.S.T.M.E.-84 and U.L. 723.

(iv) The term "noncombustible" when used in relation to buildings in general and

components of buildings means that type of structure which is constructed completely of

masonry, reinforced concrete, metal, or other materials having fire resistance rating of not less

than two (2) hours. A building shall be termed "noncombustible" whether or not wood flooring

has been laid over solid or slab masonry, and whether or not door and window assemblies are of

wood.

(78) Occupancy. The term "occupancy" means the use of space or rooms within a

building by a person or group of persons.

(79) Place of assembly. The term "place of assembly" means a room or space within a

building in which the possible maximum occupancy is more than seventy-five (75) persons in

existing buildings and in which more than fifty (50) persons assemble in new structures for

religious, recreational, educational, political, fraternal, social or amusement purposes, or for the

consumption of food or drink, except school classrooms, libraries, courtrooms, or any portion of a

private dwelling. The room or space shall include adjacent rooms with intervening partitions,

open or capable of being opened so as to allow for occupancy with a common purpose.

(80) Place of outdoor assembly. Premises used or intended to be used for public

gatherings of two hundred (200) or more individuals in other than buildings.

(81) Plastic, combustible. A plastic material more than one-twentieth inches (1/20") in

thickness which burns at a rate of not more than two and one-half inches (2 1/2") per minute

when subjected to ASTM D 635, standard method of test of flammability of self-supporting

plastics.

(82) Posted sign. The tablet, card, or plate which defines the use, occupancy, fire grading

and floor loads of each story, floor or parts thereof for which the building or part thereof has been

approved.

(83) Proprietary system. A protective signaling system under constant supervision by

competent and experienced personnel in a central supervision station at the property protected.

The system includes equipment and other facilities required to permit the operators to test and

operate the system and, upon receipt of a signal, to take such action as shall be required under the

rules established for their guidance by the authority having jurisdiction.

(84) Protected corridor. A corridor or hallway in a building which extends from exit to

exit and which has walls or partitions of materials and construction having a fire resistant rating

of one hour or more.

(85) Public space. A legal open space on the premises, accessible to a public way or

street, such as yards, courts, or open spaces permanently devoted to public use which abuts the

premises.

(86) Pyroxylin plastic. Any nitro-cellulose product or compound soluble in a volatile,

flammable liquid, including such substances as celluloid, pyroxylin, fiberloid, and other cellulose

nitrates (other than nitrocellulose film) which are susceptible to explosion from rapid ignition of

the gases emitted therefrom.

(87) Recessed heater. A completely self-contained heating unit usually recessed in a wall

and located entirely above the floor of the space it is intended to heat.

(88) Remote station system. An electrical alarm system capable of automatically

notifying the public or private fire departments, or other approved constantly attended location,

when the system is activated.

(89) Riser. The vertical supply pipes in a sprinkler system or standpipe system.

(90) Rooming houses. The term "rooming house" means any building which is used in

whole or in part as a place where sleeping accommodations are furnished for hire or other

consideration, with or without board, for not more than twenty (20) guests or employees of the

management, or only ten (10) or less sleeping rooms are maintained for such guests or

employees. This term shall include all tourist homes, lodging homes, convents, monasteries, and

other nonprofit or charitable institutions which have accommodations as aforesaid, but shall not

include private dwellings which accommodate not more than four (4) habitational guests or

employees, or apartment houses, hotels, or convalescent homes, nursing home, home for the

aged, or boarding home, as defined in this code.

(91) Schools. A school is a building used for the gathering of six (6) or more persons for

the purpose of instruction. Exceptions: Child day care centers and proprietary schools for adults,

which must conform to the provisions of the Rhode Island Fire Safety Code relating to the

occupancies in which they are located.

(92) Sheltered care facility for adults. A sheltered care facility for adults is any

establishment, facility, place, building, agency, institution, corporation or part thereof, or a

partnership whether public or private, whether organized for profit or not, used, operated, or

engaged in providing lodging or board or housekeeping in a protective environment, to two (2) or

more residents unrelated to the owner, excluding however, any privately operated establishment

or facility licensed pursuant to chapter 17 of this title, and those facilities licensed by the

department of mental health, retardation, and hospitals or any other state agency. A resident of a

sheltered care facility for adults is an individual who is an adult not requiring medical or nursing

care as provided in a health care facility and who has impairments as a result of age and/or

physical or mental limitations requiring lodging or board or housekeeping in a protective

environment but is capable of self preservation in emergency situations. The term sheltered care

facility for adults may include rooming houses or hotels which provide the above mentioned

services and whose residents meet the above mentioned criteria. The term shall not include health

care facility, boarding homes, group homes, or community residences as defined in this code.

(93) Skilled nursing facility. A health facility or unit thereof that provides twenty-four

(24) hour inpatient skilled nursing, therapeutic or restorative care services for two (2) or more

patients unrelated by blood or marriage with a rehabilitative potential or condition requiring

skilled care.

(94) Smoke barrier. The term "smoke barrier" means a partition with a fire-resistance

rating of not less than one-half (1/2) hour with any door openings therein equipped with a door so

hung as to be reasonably smoke and gas tight when closed. Any such door shall be at least

equivalent to a one and three-eighth inch (13/8") solid bonded core wood door. The door shall not

be fastened in an open position by a device which will require more than one movement of

normal strength to swing the door to a closed position. The barrier shall be located to provide

ample area of refuge on each side of the partition of all occupants of the story secured by the

barrier and shall extend through any dropped ceiling to the floor or roof above. The barrier may

have wire-glass panels each not to exceed six square feet.

(95) Special amusement building concentrated occupancy place of assembly. The term

"special amusement building concentrated occupancy place of assembly" means a Class A, B, or

C place of assembly with a maximum occupancy calculated on the basis of less than fifteen

square feet (15 sq. ft) per person and for which either there is a license issued pursuant to chapter

3-7 or there is entertainment or there are both a liquor license and entertainment.

(96) Sprinklered. The term "sprinklered" means to be completely protected by an

approved system of automatic sprinklers installed and maintained in accordance with N.F.P.A.

Standards.

(97) Stage. A partially enclosed portion of an assembly building which is designed or

used for the presentation of plays, demonstrations, or other entertainment wherein scenery, drops,

or other effects may be installed or used, and where the distance between the top of the

proscenium opening and the ceiling of the stage is more than five feet (5').

(98) Stairway. One or more flights of stairs, and the necessary landings and platforms

connecting them, to form a continuous and uninterrupted passage from one floor to another. A

flight of stairs, for the purposes of this article, must have at least three (3) risers.

(99) Standpipe. A wet or dry fire pipe line, extending from the lowest to the topmost

story of a building or structure, equipped with a shut-off valve with hose outlets at every story.

(100) Storage building. The term "storage building" means a building or structure used,

or planned for use primarily for the storage of goods, wares, and merchandise, and in which less

than five (5) persons are employed in the labor of manufacturing or processing. Included, among

others, shall be warehouses, storehouses, and freight depots. Buildings in this heading storing

high hazard contents shall be protected as described and classified in the section so headed.

(101) Story. The term "story" means that portion of a building between a floor and the

floor next above; and shall apply to the basement. The first story shall be that story which is of

such height above ground level that it does not come within the definitions of a basement or shall

be that story located immediately above a basement. The second story shall mean a story located

immediately above the first story and upper stories shall be in numerical sequence accordingly.

(See also "Mezzanine.")

(102) Story (First). The lowermost story entirely above the grade plane.

(103) Theatre. The term "theatre" means a building or part of a building in which fifty

(50) or more persons may assemble for presentation of a theatrical stage performance or motion

picture presentation. All theatres shall comply with applicable requirements for places of

assembly.

(104) Unit heater. A factory assembled device designed to heat and circulate air.

Essential components are a heat transfer element, housing, and fan with driving motor. Normally

designed for free delivery of recirculated air.

(105) Vertical opening. An opening through a floor or roof.

(106) Warm air furnace. A solid, liquid, or gas fired appliance for heating air to be

distributed with or without duct systems to the space to be heated.

(107) Winding stairs. The term "winding stairs" means a flight of two (2) or more steps

which, in changing direction, does so by benefit of variance in the width along each tread. This

term shall not include such stairs as have treads of uniform width throughout and change

direction by benefit of intermediate landings or platforms.

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

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

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

fire code for existing buildings and structures, as applicable. In case two (2) or more classes of

occupancy occur in the same building, the most hazardous occupancy or the class of occupancy

calling for the most stringent requirements for life safety under the code shall govern the

classification of the entire building, unless suitable separation or other acceptable fire safety

provisions are afforded by compliance with other pertinent codes.

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

governed by the following:

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

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

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

for a variation.

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

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

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

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

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

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

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

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

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

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

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

actions.

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

February 20, 2004, shall be subject to the provisions of the Rhode Island Fire Safety Code

addressing the new occupancy. All existing buildings and structures, and those buildings and

structures for which a building permit was issued prior to February 20, 2004, shall be subject to

the provisions of the Rhode Island Fire Safety Code addressing the existing occupancy. Any

existing building or structure, subject to the provisions of the Rehabilitation Building and Fire

Code for Existing Buildings and Structures, shall also comply with the existing occupancy

provisions of the Rhode Island Fire Safety Code addressing the current or proposed occupancy.

All active fire protection systems, such as including but not limited to sprinklers, fire alarms,

emergency lighting, smoke detectors and exit signs, previously required and installed in existing

buildings, shall continue to be required under the Rhode Island Fire Safety Code and shall be

properly maintained.

     SECTION 2. Sections 23-28.1-8 and 23-28.1-9 of the General Laws in Chapter 23-28.1

entitled “Fire Safety Code – General Provisions” are hereby repealed.

23-28.1-8. Maintenance of systems - Vacated buildings. -- (a) Every required

automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and other

items of equipment required by this code shall be continuously in proper operating condition.

(b) If any building covered by the provisions of this code should become vacant, all

required sprinkler systems shall be maintained in operating condition during the period of time

which the building is vacant. The chief of the local fire department may waive this requirement

under the following conditions:

(1) The water supply to the system has been shut off and the system completely drained.

The system has been inspected by the local fire department and determined to be in satisfactory

condition.

(2) The system is equipped with fire department connections which will enable the local

fire department to supply water to the system.

(3) The local fire department has the capability to supply adequate water to the system

under emergency conditions.

23-28.1-9. Solid fuel room heaters. -- Solid fuel room heaters manufactured prior to

January 1, 1981 are not required to have any label that indicates that they have been tested by any

laboratory (ASME labeling). Solid fuel room heaters manufactured prior to January 1, 1981 must

meet installation regulations in effect at the time of manufacture.

     SECTION 3. Sections 23-28.2-4, 23-28.2-5, 23-28.2-9, 23-28.2-14, 23-28.2-15, 23-28.2-

20 and 23-28.2-20.1 of the General Laws in Chapter 23-28.2 entitled “Division of Fire Safety”

are hereby amended to read as follows:

23-28.2-4. Duties and responsibilities of state fire marshal. -- The state fire marshal

shall have the authority to enforce and perform the duties required by the Fire Safety Code,

chapters 28.1 - 28.39 of this title, and all codes referenced therein are adopted thereunder, and all

other provisions of the general laws and public laws insofar as such powers and duties relate to

fires, fire prevention, fire protection, fire inspection, and fire investigation. It shall also be the

duty of the state fire marshal to enforce all laws of this state in regard to:

     (1) The keeping, storage, use, manufacture, sale, handling, transportation, or other

disposition of explosives and inflammable materials.

     (2) Conducting and supervising fire safety inspections of all buildings regulated by the

code within the state.

     (3) It shall be the duty of the state fire marshal and his or her deputies to certify to any

state or federal agency whether or not any building covered satisfies the requirements of chapters

28.1 - 28.39 of this title and all codes referenced therein and adopted thereunder.

     (4) It shall the duty of the fire marshal to plan for and oversee the comprehensive,

professional enforcement of the fire safety code.

23-28.2-5. Bomb disposal unit. -- (a) Within the division, there shall be a bomb

disposal unit whose duties will be to assist local fire and police authorities in the proper methods

of handling and disposition of all hazardous devices suspected to be explosive or incendiary in

construction.

(b) The state fire marshal shall appoint an explosives technician to supervise the

operations of this unit and the technician must be trained in the field of explosives.

(c) The marshal shall appoint from local communities volunteer assistant deputy state

fire marshals to assist in carrying on the responsibilities of this unit. The volunteers shall be

approved by the local fire or police chief, and must be properly trained under the supervision of

the explosives technician.

(a) Within the division, there shall be a bomb disposal unit (bomb squad), accredited by

the FBI as a bomb squad, whose duties it will be to handle and dispose of all hazardous devices

suspect to be explosive or incendiary in construction which includes any weapons of mass

destruction (WMD) that may be explosive or chemical in construction.

(b) The State Fire Marshal shall appoint a bomb technician to supervise the operations of

this unit and the technician must be certified by the FBI as a bomb technician. The bomb

technician must ensure that all bomb technicians are trained and maintain certification, the bomb

squad maintains accreditation, and ensures that all equipment belonging to the bomb squad is

maintained and in operating condition at all times. The bomb technician must also provide to

cities and towns and local businesses or any other organizations procedures in bomb threats, and

procedures where explosive devices or suspect devices are located.

(c) The State Fire Marshal shall appoint from the local communities volunteer assistant

deputy state fire marshals, as bomb squad members only, to assist in carrying on the

responsibilities of this unit. The volunteers, who must be available for immediate response when

called upon, be available to participate in training sessions, shall be approved by their local fire or

police chief, and must have their chief sign an agreement (memorandum of understanding) which

provides for their release during emergencies and training and assumes liability for any injuries

that may occur to them. All bomb squad members shall operate only under the direction of the

State Bomb Squad Commander or senior ranking Deputy State Fire Marshal who is certified as a

bomb technician. The bomb squad may also request assistance from the local fire and police

authorities when handling any explosive or incendiary device, WMD or post incident

investigations.

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.

     (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

23-28.2-14. Enforcement. -- (a) Within the division, there shall be an enforcement unit

responsible for the initiation of criminal prosecution of or civil proceedings against any person(s)

in violation of the state Fire Safety Code or failure to comply with an order to abate conditions

that constitute a violation of the Fire Safety Code, chapters 28.1 - 28.39 of this title, and any rules

or regulations added thereunder and/or the general public laws of the state as they relate to fires,

fire prevention, fire inspections, and fire investigations. This unit will consist of the state fire

marshal, chief deputy state fire marshal, chief of technical services, explosive technician, assistant

explosive technicians, and the arson investigative staff, each of whom must satisfactorily

complete at the Rhode Island state police training academy an appropriate course of training in

law enforcement or must have previously completed a comparable course. To fulfill their

responsibilities, this unit shall have and may exercise in any part of the state all powers of

sheriffs, deputy sheriffs, town sergeants, chiefs of police, police officers, and constables.

(b) The fire marshal shall have the power to implement a system of civil enforcement to

achieve compliance with the Fire Safety Code, which shall include inspections as provided for in

§ 23-28.2-20, the issuance of citations in a form approved by the fire marshal, and the issuance of

formal notices of violation. The Fire Safety Code Board of Appeal and Review, with

recommendations from the fire marshal, shall by February 20, 2004, adopt rules establishing, for

those categories of violation of the Fire Safety Code that can be identified through inspection,

citations requiring correction of the violation within a reasonable time period. The Fire Safety

Code Board of Appeal and Review shall recommend a system of penalties for violations subject

to citation for adoption by the general assembly, which fines would be used for fire prevention

purposes by the jurisdiction that issues the citation. (b) The State Fire Marshal shall have the power

to implement a system of enforcement to achieve compliance with the fire safety code, which

shall include inspections as provided for in section 23-28.2-20, the issuance of formal notices of

violation in accordance with section 23-28.2-20.1, and the issuance of citations in a form

approved by the State Fire Marshal and the Chief Judge of the District Court. The State Fire

Marshal, and his or her designee(s) as outlined in this chapter, may use the above systems of

enforcement individually or in any combination to enforce the State Fire Safety Code.

(c) The State Fire Marshal and all persons designated specifically in writing by the State

Fire Marshal shall have the power to issue the citations referenced in this chapter.

(d) The following categories of violation of the Fire Safety Code that can be identified

through inspection shall be considered criminal violations of the Fire Safety Code and be subject

to the above issuance of citations:

(1) Impediments to Egress:

(A) Exit doors locked so as to prevent egress

(B) Blocked means of egress (other than locking and includes any portion of the exit

access, exit or exit discharge)

(C) Marking of exits or the routes to exits has become obstructed and is not clearly

visible.

(D) Artificial lighting needed for orderly evacuation is not functioning properly (this

section does not include emergency lighting).

(2) Maintenance:

(A) Required devices, equipment, system, condition, arrangement, or other features not

continuously maintained.

(B) Equipment requiring periodic testing or operation, to ensure its maintenance, is not

being tested or operated.

(C) Owner of building where a fire alarm system is installed has not provided written

evidence that there is a testing and maintenance program in force providing for periodic testing of

the system.

(D) Twenty-four hour emergency telephone number of building owner or owner’s

representative is not posted at the fire alarm control unit or the posted number is not current.

(3) Fire Department Access and Water Supply:

(A) The required width or length of a previously approved fire department access road

(fire lane) is obstructed by parked vehicles or other impediments.

(B) Fire department access to fire hydrants or other approved water supplies is blocked

or impeded.

(4) Fire Protection Systems:

(A) Obstructions are placed or kept near fire department inlet connections or fire

protection system control valves preventing them from being either visible or accessible.

(B) The owner, designated agent or occupant of the property has not had required fire

extinguishers inspected, maintained or recharged.

(5) Admissions supervised:

(A) Persons responsible for supervising admissions to places of assembly, and/or any

sub-classifications thereof, have allowed admissions in excess of the maximum occupancy posted

by the State Fire Marshal or his or her designee.

The terms used in the above categories of violation are defined in the definition sections

of NFPA 1 and NFPA 101 as adopted pursuant to section 23-28.1-2 of this title.

(e) A building owner, responsible management, designated agent or occupant of the

property receiving a citation may elect to plead guilty to the violation(s) and pay the fine(s)

through the mail within ten (10) days of issuance, or appear in district court for an arraignment on

the citation.

(f) Notwithstanding subsection (e) above, all recipients of third or subsequent citations,

within a sixty (60) month period, shall appear in district court for a hearing on the citation. If not

paid by mail he, she or it shall appear to be arraigned on the criminal complaint on the date

indicated on the citation. If the recipient(s) fails to appear, the district court shall issue a warrant

of arrest.

(g) The failure of a recipient to either pay the citation through the mail within ten (10)

days, where permitted under this section, or to appear in district court on the date specified shall

be cause for the district court to issue a warrant of arrest with the penalty assessed and an

additional five hundred dollar ($500) fine.

(h) A building owner, responsible management, designated agent or occupant of the

property who receives the citation(s) referenced in this section shall be subject to civil fine(s),

which fine(s) shall be used for fire prevention purposes by the jurisdiction that issues the

citation(s), as follows:

(1) A fine of two hundred fifty dollars ($250) for the first violation within any sixty (60)

month period;

(2) A fine of five hundred dollars ($500) for the second violation within any sixty (60)

month period;

(3) A fine of one thousand dollars ($1,000) for the third and any subsequent violation(s)

within any sixty (60) month period;

(i) No citation(s) as defined in this section, shall be issued pursuant to a search

conducted under an administrative search warrant secured pursuant to section 23-28.2-20(c) of

this code. Any citation mistakenly issued in violation of this subsection 23-28.2-14(i) shall be

void and unenforceable.

(j) The District Court shall have full equity power to hear and address these matters.

(k) All violations, listed within subsection (d) above, shall further be corrected within a

reasonable period of time established by the State Fire Marshal or his or her designee.

23-28.2-15. Assistance by attorney general - Prosecution of violations. -- The

attorney general, upon request of the state fire marshal, shall assist upon any investigation of any

fire which, in the opinion of the state fire marshal, is of suspicious origin, and shall institute and

conduct all prosecutions of persons charged with arson, burning to defraud, crimes incident to

incendiary fires, and violations of the provision of the Fire Safety Code, chapters 28.1 through

28.39 of this title and all codes referenced therein and adopted thereunder.

23-28.2-20. Right of entry. -- (a) In the discharge of its duties, the authority having

jurisdiction shall have the authority to enter at any reasonable hour, any building, structure, or

premises in the state to enforce the provisions of the Fire Safety Code, chapters 28.1 - 28.39 of

this title and all codes referenced therein and adopted thereunder. If any owner, occupant, or

other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access

to every part of the structure, operation, or premise where inspection authorized by this code is

sought, the authority having jurisdiction may:

     (1) Seek in a court of competent jurisdiction a search warrant so as to apprise the owner,

occupant, or other person concerning the nature of the inspection and justification for it, and may

seek the assistance of police authorities in presenting the warrant;

     (2) Revoke or suspend any license, permit, or other permission regulated under this code

where inspection of the structures, operation or premises, is sought to determine compliance with

this code;

     (3) Enter, examine or survey at any reasonable time such places as the fire marshal or his

or her designee deems necessary to carry out his or her responsibilities under any provision of law

subject to the provisions set forth below. For Places of assembly as defined in § 23-28.1-5,

including special amusement building concentrated occupancy places of assembly nightclubs,

inspections shall be reasonable shall be visited at least annually and reviewed for operational

compliance during actual hours of maximum operation, regardless of the time. and such

inspections for Complete inspections of special amusement building concentrated occupancy

places of assembly nightclubs, shall be conducted at least annually.

     (4) For criminal investigations, the fire marshal and the deputy state fire marshal(s) on his

or her full time staff shall, pursuant to chapter 5 of title 12, seek a search warrant from an official

of a court authorized to issue warrants, unless a search without a warrant is otherwise allowed or

provided by law;

     (5) All administrative inspections shall be conducted pursuant to administrative

guidelines promulgated pursuant to chapter 42-35, the "Administrative Procedures Act" with

chapter 35 of title 42.

     (b) A warrant shall not be required for administrative inspections if conducted under the

following circumstances, in accordance with the applicable constitutional standards:

     (1) For closely regulated industries;

     (2) In situations involving open fields or conditions that are in plain view;

     (3) In emergency situations;

     (4) In situations presenting an imminent threat to the environment or public health, safety

or welfare;

     (5) If the owner, operator, or agent in charge of the facility, property, site or location

consents; or

     (6) In other situations in which a warrant is not constitutionally required.

     (c) Whenever it shall be constitutionally or otherwise required by law, or whenever the

fire marshal authority having jurisdiction in his or her discretion deems it advisable, an

administrative search warrant, or its functional equivalent, may be obtained by the fire marshal

authority having jurisdiction from a judge or magistrate for the purpose of conducting an

administrative inspection. The warrant shall be issued in accordance with the applicable

constitutional standards for the issuance of administrative search warrants. The administrative

standard of probable cause, not the criminal standard of probable cause, shall apply to

applications for administrative search warrants.

     (1) The need for, or reliance upon, an administrative warrant shall not be construed as

requiring the fire marshal authority having jurisdiction to forfeit the element of surprise in his or

her inspection efforts.

     (2) An administrative warrant issued pursuant to this subsection must be executed and

returned within ten (10) days of its issuance date unless, upon a showing of need for additional

time, the court orders otherwise.

     (3) An administrative warrant may authorize the review and copying of documents that

are relevant to the purpose of the inspection. If documents must be seized for the purpose of

copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare

an inventory of the documents taken. The time, place and manner regarding the making of the

inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of

the inventory shall be delivered to the person from whose possession or facility the documents

were taken. The seized documents shall be copied as soon as feasible under circumstances

preserving their authenticity, then returned to the person from whose possession or facility the

documents were taken.

     (4) An administrative warrant may authorize the taking of samples of materials that are

part of, or are generated, stored or treated at the facility, property, site or location. Upon request,

the fire marshal shall make split samples available to the person whose facility, property, site or

location is being inspected.

     (5) Service of an administrative warrant may be required only to the extent provided for

in the terms of the warrant itself by the issuing court.

     (d) Penalties. Any willful and unjustified refusal of right of entry and inspection pursuant

to an administrative warrant shall constitute a contempt of court and shall subject the refusing

party to sanctions, which in the court's discretion may result in up to six (6) months imprisonment

and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal.

23-28.2-20.1. Notices of violation. -- The fire marshal and persons designated

specifically in writing by the fire marshal shall have the power to issue notices of violation as

herein provided for, and the powers herein established shall be in addition to other powers of

inspection and enforcement of the Fire Safety Code provided for in this title. The fire marshal or

authorized designee of the fire marshal shall have the power to give notice of an alleged violation

of law to the person responsible therefor whenever the fire marshal or authorized designee

determines that there are reasonable grounds to believe that there is a violation of any provision

of law within his or her jurisdiction or of any rule or regulation adopted pursuant to authority

granted to him or her and/or the Fire Safety Code Board of Appeal and Review, unless other

notice and hearing procedure is specifically provided by that law. Nothing in this chapter shall

limit the authority of the attorney general to prosecute offenders as required by law.

     (a) The notice shall provide for the time the alleged violation shall be remedied, and shall

inform the person to whom it is directed that a written request for a hearing on the alleged

violation may be filed with the fire safety code board of appeal and review within ten (10) thirty

(30) days after service of the notice. The notice will be deemed properly served upon a person if a

copy thereof is served him or her personally, by the authority having jurisdiction or any other

person having authority to serve process, or sent by registered or certified mail to his or her last

known address, or if he or she is served with notice by any other method of service now or

hereafter authorized in a civil action under the laws of this state. If no written request for a

hearing is made to the Fire Safety Code Board of Appeal and Review within ten (10) thirty (30)

days of the service of notice, the notice shall automatically become a compliance order.

(b) (1) Whenever the fire marshal or authorized designee determines that there exists a

violation of any law, rule, or regulation within his or her jurisdiction which requires immediate

action to protect public safety or property, he or she may, without prior notice of violation or

hearing, issue an immediate compliance order stating the existence of the violation and the action

he or she deems necessary. The compliance order shall become effective immediately upon

service or within such time as is specified by the fire marshal in such order. No request for a

hearing on an immediate compliance order may be made.

An immediate compliance order may be appealed to the chairman of the state fire board,

or his or her designee, for immediate review. If the chairman upholds the fire marshal, his or her

decision may be appealed to the fire safety code board at their next scheduled hearing. The final

decision of the board may be appealed to the district court pursuant to subsection (e). The appeal

to the chairman, the board, and/or district court shall not operate as an automatic stay of the

immediate compliance order.

(2) Any immediate compliance order issued under this section without notice and prior

hearing shall be effective for no longer than forty-five (45) days, provided, however, that for good

cause shown the order may be extended one additional period not exceeding forty-five (45) days.

     (c) If a person upon whom a notice of violation has been served under the provisions of

this section or if a person aggrieved by any such notice of violation requests a hearing before the

Fire Safety Code Board of Appeal and Review within ten (10) thirty (30) days of the service of

notice of violation, the Board shall set a time and place for the hearing, and shall give the person

requesting that hearing at least ten (10) days written notice unless waived by the requesting

person notice as outlined in section 23-28.3-5 of this title. After the hearing, the Board may make

findings of fact and shall sustain, modify, or withdraw the notice of violation. If the Board

sustains or modifies the notice, that decision shall be deemed a compliance order and shall be

served upon the person responsible in any manner provided for the service of the notice in this

section.

     (d) The compliance order shall state a time within which the violation shall be remedied,

and the original time specified in the notice of violation shall be extended to the time set in the

order.

     (e) Whenever a compliance order has become effective, whether automatically where no

hearing has been requested, where an immediate compliance order has been issued, or upon

decision following a hearing, the fire marshal may institute injunction proceedings in the superior

district court of the state for enforcement of the compliance order and for appropriate temporary

relief, and in that proceeding the correctness of a compliance order shall be presumed and the

person attacking the order shall bear the burden of proving error in the compliance order. , except

that the fire marshal shall bear the burden of proving in the proceeding the correctness of an

immediate compliance order. The remedy provided for in this section shall be cumulative and not

exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances

or any other remedies provided by law. The district court shall have full equity power to hear and

address these matters.

     (f) Any party aggrieved by a final judgment of the superior district court may, within

thirty (30) days from the date of entry of such judgment, petition the supreme court for a writ of

certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the

filing of the petition with the clerk of the supreme court, the supreme court may, if it sees fit,

issue its writ of certiorari.

     SECTION 4. Sections 23-28.3-5, 23-28.3-7 and 23-28.3-9 of the General Laws in

Chapter 23-28.3 entitled “Fire Safety Code Board of Appeal and Review” are hereby amended to

read as follows:

23-28.3-5. Assistance to building owners - Petition for variations. -- (a) Any building

owner, and/or the operator of any regulated process or hazardous activity, may consult with the

authority having jurisdiction for advice and assistance in complying with the provisions of the fire

safety code adopted pursuant to chapters 28.1 - 28.39 and chapter 29.1 of this title, or any

amendments to those codes or any codes adopted under them. In case of practical difficulties, the

authority having jurisdiction shall refer all requests for variations from particular provisions of

the fire safety code adopted pursuant to chapters 28.1 to 28.39 of this title or any code adopted

under them to the fire safety code board. All requests for variations from the particular provisions

of the fire safety code adopted pursuant to chapter 29.1 of this title shall be referred to the joint

committee pursuant to the provisions of § 23-29.1-4. The petitioner shall set forth in his or her

petition to the board the grounds or reasons for requesting the variations.

     (b) The board shall fix a day for hearing on the petition and shall give reasonable notice

of the hearing to the petitioner and the property owners within two hundred feet (200') of the

petitioner's building or structure when, in the board's discretion, it may have an adverse effect on

neighboring properties. A properly indexed record of all variations made shall be kept in the

office of the state fire marshal and shall be open to public inspection. Any building owner may

file a petition for a variance to the board by registered mail, and a hearing date shall be set by the

board within thirty (30) days of filing a completed application including a filing fee, established

in accordance with the following fee schedule:

     (1) Petitions related to existing covered occupancies, not involving construction,

alteration, and/or renovation . . . . . $100 filing fee.

     (2) Petitions related to construction, alteration, renovation, and/or conversion or other

buildings and structures:

     (i) not more than 8,000 square feet . . . $100 filing fee

     (ii) more than 8,000 square feet but not more than 25,000 square feet . . . $300 filing fee

     (iii) more than 25,000 square feet but not more than 50,000 square feet . . . $500 filing fee

     (iv) more than 50,000 square feet . . . $1,000 filing fee

     (3) Petitions related to maintenance or use of buildings or materials and any petition not

otherwise provided for above . . . $100 filing fee.

     (4) The term "square feet", as used in this chapter, is the total floor space and/or storage

capacity of the subject building or structure, as determined and certified by the state fire marshal

or his or her designee, subject to review by the board. The board chairperson may delegate a

subcommittee of the board to conduct a hearing and take testimony from the petitioner. The

subcommittee shall make recommendations to the board as to their findings, and a decision shall

be rendered within ten (10) days of the subcommittee's report. If the petitioner is aggrieved by the

subcommittee's recommendations, the petitioner has the right of hearing before the entire board

within thirty (30) days of the rendered decision.

     (c) The application filing fee income shall be deposited as general revenue.

     (d) The fire safety code board may grant a blanket variance when, in the opinion of the

fire safety code board, any specific provision of the fire safety code has been rendered obsolete

and/or imposes an unanticipated, unreasonable hardship upon the general public, and the board

finds that the decision to grant a blanket variance will not conflict with the general objectives of

the code. All blanket variances shall only be effective until the next code adoption process by the

board.

(e) Any person who violates a final order of the Board, upon proper written notification,

is deemed guilty of a misdemeanor, and, upon conviction, is imprisoned for a term not exceeding

one year, or fined not more than one thousand dollars ($1000) for each offense. The district court

shall have full equity power to hear and address these matters.

23-28.3-7. Judicial review of code provisions. -- Any person aggrieved by the

enforcement against him or her of the Fire Safety Code, chapters 28.1 - 28.39 of this title, any

safety code adopted under this chapter, or any amendments thereof may, after its effective date,

commence an action in the superior district court for the county in which the building involved is

located against the state fire marshal to set aside the code or codes or portion or portions thereof

on the ground that it is unlawful or unreasonable. The court may set aside the code or codes or

portion or portions thereof if, upon all the evidence, it appears to the court that the code or codes

or portion thereof is unlawful or unreasonable.

23-28.3-9. Violations of chapter or codes. – Unless otherwise specifically specified in

this code, any building owner or lessee who violates or fails or refuses to comply with the

provisions of this chapter, the Fire Safety Code, chapters 28.1 - 28.39 of this title, or any code

adopted by the board, or any lawful order of the authority having jurisdiction shall be guilty of a

misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars

($500) or shall be imprisoned for not exceeding six (6) months, or both so fined and imprisoned

for each offense; and each day the violation, omission, failure, or refusal continues shall be

deemed a separate offense; provided, that any person who shall knowingly make, give, or

produce any false statements or false evidence, under oath, to the authority having jurisdiction or

to the fire safety board, shall be guilty of perjury. It shall be the duty of the authority having

jurisdiction to enforce the provisions of this chapter.

     SECTION 5. Sections 23-28.5-5, 23-28.5-6 and 23-28.5-7 of the General Laws in

Chapter 23-28.5 entitled “Inspection of Buildings” are hereby amended to read as follows:

23-28.5-5. Penalty for hindering inspection. -- Any person refusing to allow

inspections, or hindering or obstructing the authority having jurisdiction authorized to make an

inspection, in the making of the same, shall be fined not less than twenty-five two hundred fifty

dollars ($25.00) ($250) nor more than one hundred thousand dollars ($100) ($1,000) for the

offense.

23-28.5-6. Appeal to superior court. Appeal to district court. -- (a) Any person, firm,

or corporation aggrieved by the decision or order of any fire official may appeal therefrom to the

superior district court, by filing within thirty (30) days of the order or decision, a sworn petition

in the court, which shall set forth the grounds upon which the appeal is taken. Notice of the

appeal shall be served on the fire official who rendered the decision or order by a citation issued

out of the court following the general course of civil proceedings.

     (b) The petition shall be in order for assignment for hearing on the motion day which

occurs next after fifteen (15) days from the filing of the petition.

     (c) The superior district court shall proceed to hear de novo all questions of law and fact

therein involved as may be presented by any party in interest, and determine the questions

involved, and decide the merits of the controversy.

23-28.5-7. Appeal to supreme court. -- (a) Any person aggrieved by the final decree in

the superior district court may appeal to the supreme court on any question of law or equity

decided adversely to the appellant. The appeal shall follow the general procedure prescribed by

the Workers' Compensation Act, chapters 29 - 37 of title 28.

     (b) The claim of an appeal shall suspend the operation of any order or decree appealed

from, but, in the case of default in taking the procedure required, the suspension shall cease, and

the superior district court upon motion of any party shall proceed as if no claim of appeal has

been made, unless it be made to appear to the superior district court that the default no longer

exists.

     SECTION 6. Sections 23-28.6-1, 23-28.6-2, 23-28.6-3, 23-28.6-4, 23-28.6-6, 23-28.6-7,

23-28.6-8, 23-28.6-9, 23-28.6-10, 23-28.6-11, 23-28.6-12, 23-28.6-13, 23-28.6-14, 23-28.6-15,

23-28.6-16, 23-28.6-17 and 23-28.6-18 of the General Laws in Chapter 23-28.6 entitled “Places

of Assembly” are hereby repealed.

23-28.6-1. Applicability. -- (a) The regulations contained in this chapter shall apply to

all places of assembly as defined in § 23-28.1-5.

(1) Class A, capacity one thousand one (1001) persons or more.

(2) Class B, capacity three hundred one (301) to one thousand (1000) persons.

(3) Class C, capacity fifty (50) to three hundred (300) persons.

(b) Fire escapes and other outdoor stairways, heating, and ventilating facilities, and the

use of electric wiring and appliances, shall be governed by special articles related thereto.

23-28.6-2. Egress facilities required - Inspection by owner. -- (a) All places of

assembly shall be provided with approved egress facilities as determined under the provisions of

§ 23-28.6-6.

(b) In places of assembly which have scheduled activities for recreational, educational,

political, fraternal, social, or amusement purposes, the owner or management must inspect every

exit from the building not more than ninety (90) minutes prior to the beginning of any meeting,

concert, etc. If the inspection reveals blocked exits, the scheduled presentation must not begin

until the exits are cleared and made easily accessible, assuring the safety and welfare of the

patrons. Any person or entity violating the provisions of this section shall be fined an amount in

accordance with a schedule of fines approved by the general assembly not exceeding five

thousand dollars ($5,000) for each offense.

23-28.6-3. Maximum occupancy. -- The occupant load permitted in any assembly

building structure, or portion thereof, shall be determined by dividing the net floor area or space

assigned to that use by the square feet per occupant as follows:

(1) An assembly area of concentrated use without fixed seats such as an auditorium,

gymnasium, church, chapel, dance floor, and lodge room, seven square feet (7 sq. ft.) per person.

(2) An assembly area of less concentrated use such as conference rooms, dining room,

drinking establishments, exhibit room, or lounge, fifteen square feet (15 sq. ft.) per person.

(3) Standing room or waiting space, five (5) square feet per person; provided, that aisle

area, except rear cross aisles, shall not be considered in determining the number of standing

patrons allowed.

23-28.6-4. Standing conditions. -- (a) Standing patrons may be allowed, in approved

waiting areas, in places of assembly at the rate of one person for each five square feet (5 sq. ft.) of

area available for standing; provided, that aisle area, except rear cross aisles, shall not be

considered in determining the number of standing patrons allowed.

(b) The provisions in this section do not apply to churches and places of worship,

wherein patrons retain their outer clothing for immediate exit, and where they are confined for a

period not exceeding two (2) hours duration. Only that part of the building directly accessible to

doors for hasty exit may be used in this manner.

23-28.6-6. Egress facilities required. -- (a) Each place of assembly shall have at least

two (2) approved ways of egress, from each level, remote from each other and providing the best

practicable means of egress in the event fire renders one exit impassable. Additional approved

egress passages distributed as uniformly as practicable to effect a rapid discharge of occupants,

shall be provided on the basis of twenty-two inches (22") of unobstructed horizontal width of the

egress facilities for each one hundred (100) persons, or fraction thereof, to be accommodated

under conditions of possible occupancy, as determined under the provisions of subsections (b)

and (c) of this section.

(b) In determining required egress facilities in places of assembly without fixed seating,

possible occupancy shall be computed at the rate of one person for each seven square feet (7 sq.

ft.) of floor area within the room or combination of rooms under consideration, excluding only

such stages and other permanent structures and areas as are not intended for patron occupancy.

The rate to be used in places used for the consumption of food and drink shall be one person for

each fifteen square feet (15 sq. ft.) of floor area.

(c) In determining required egress facilities in places of assembly having fixed seating,

possible occupancy shall be in accordance with the number of individual seats provided and at the

rate of eighteen inches (18") in width for each person in bench or bleacher type seating, provided

the total seating shall not exceed one person for each six square feet (6 sq. ft.) of floor area.

(d) The entrance openings and passages to a place of assembly measured at the point of

their last unobstructed width to the outside, shall be considered as approved width of egress.

(e) Elevators, revolving doors, and window openings shall not be considered in the

computation of approved egress facilities.

23-28.6-7. Egress passageways. -- (a) The distance of travel from any point within the

place of assembly to an approved egress opening therefrom shall not exceed one hundred-fifty

feet (150') in nonsprinklered buildings and two hundred feet (200') in sprinklered buildings.

(b) Each egress doorway from a place of assembly shall be at the assembly floor level in

new structures, and as near thereto as practicable in all existing structures.

(c) All new doorways and connecting passageways to the outside, to be considered as

means of egress, shall be at least thirty-six inches (36") in width and at least seventy-eight inches

(78") in height, and of such greater width as conditions require, except that each leaf of a double

or mullioned door may be not less than thirty inches (30") wide. All existing doorways and

connecting passageways to the outside to be considered as means of egress, shall be at least

thirty-two inches (32") in width and at least seventy-four inches (74") in height.

(d) All approved means of egress from a place of assembly shall open directly into the

open air or to an inside passageway enclosed by material with a fire-resistant rating of not less

than sixty (60) minutes, or an approved interior stairway, or a combination of both, leading to the

open air, provided one passageway from each place of assembly may be through an open space or

lobby with ample egress openings to the outside. The enclosed passageway shall be equal in

width to the most distant exit opening served thereby and increased by two-thirds (2/3) of the

width of any additional exits entering thereon, the increase to be made in the direction of exit

travel.

(e) Doorways leading from a place of assembly through a room or rooms of the same

tenancy may be considered as approved means of egress, provided the room or rooms lead to the

outside by means of doorways, approved passageways, or stairways, or a combination of both,

which are completely separate from other approved means of egress from the place of assembly.

Provision shall be made for a clear and unobstructed passage through the room or rooms to the

outside.

(f) Walks of ample width and safe for pedestrian travel shall be provided from each

outside egress opening to a public street or a suitable area of refuge.

(g) All egress openings and passageways leading from places of assembly shall be kept

free from obstructions or encumbrances or combustibles in storage, or otherwise, at all times and

shall not be through a room used as a kitchen, bathroom, or for any other purpose that may

obstruct free passage.

23-28.6-8. Vertical openings. -- (a) (1) Every existing interior stairway constituting part

of an entrance or egress passage from a place of assembly shall be enclosed or be segregated from

other portions of the building by materials with a fire-resistant rating of not less than sixty (60)

minutes. Where interior stairways constitute the entire means of egress, the stairways shall lead

directly to the outdoors or to an enclosed passageway leading to the outdoors constructed to resist

fire to the same degree. One stairway, where necessary, may be allowed to lead through an open

space or lobby with ample egress openings to the outside. All other vertical openings shall be

closed throughout by material with a fire resistant rating of not less than sixty (60) minutes.

(2) Exception. Stairs may be open between balconies and main assembly floors in

churches or auditoriums where the travel distance, including the length of travel down the stairs,

is within the limits allowed by the code.

(b) (1) All vertical openings, stairways, and passages to the outdoors, in new buildings,

shall be enclosed by material with a fire-resistant rating of at least two (2) hours.

(2) Exception. Stairs may be open between balconies and main assembly floors in

churches or auditoriums where the travel distance, including the length of travel down the stairs,

is within the limit allowed by the code.

(3) Elevators will not be considered as approved means of egress, and all new elevators

shafts shall be enclosed by non-combustible materials with a fire resistant rating of not less than

two (2) hours, and existing elevators shall be enclosed by materials with a fire-resistant rating of

not less than sixty (60) minutes. No opening shall be allowed through the side wall enclosures for

ventilating or other purposes, except to an outside wall. All doors servicing elevators shall be

Class "B" label one and one-half (11/2) hour in new elevators, and in existing elevators Class "B"

label one hour, and the doorways shall be made smoke-tight when the doors are closed.

(4) Elevators and elevator shafts shall otherwise be designed, constructed, maintained,

and ventilated in accordance with regulations promulgated by the Rhode Island department of

labor and training.

23-28.6-9. Egress doors. -- (a) All egress doors opening from a place of assembly or in

a passageway leading therefrom to the outside of the building shall be so hung as to open in the

direction of exit travel, but this requirement shall not be construed to prohibit entrance doors

swinging both inward and outward.

(b) Egress doors into stairway enclosures and all doors in side wall openings of enclosed

egress passages shall be equipped with suitable self-closing doors.

(c) Doors in walls or partitions required to be fire resistive for one hour shall be "C"

label three-quarter (3/4) hour door assemblies. All doors in walls or partitions required to be fire

resistive for two (2) hours shall be "B" label one and one-half (11/2) hour door assemblies.

(d) All egress doors leading from a place of assembly with a possible occupancy of

seventy-five (75) or more persons, and all doors in all new places of assembly shall be equipped

with panic hardware which will release when normal pressure is applied to the releasing device in

the direction of exit travel. The releasing device may be a bar or panel extending not less than

two-thirds (2/3) of the width of the doors and placed not less than thirty inches (30") nor more

than forty-four inches (44") above the floor. Provided, however, that interior doors not required to

have a fire resistance rating and without locking/latching device(s), shall not be required to have

panic hardware.

23-28.6-10. Stairs and stairways. -- (a) All stairways in places of assembly and in

passages leading therefrom shall have suitable handrails on both sides, except such stairs as are

only three feet (3') in width, which stairs shall have one handrail.

(b) All existing stairways in approved egress passages shall be provided with landings at

least thirty inches (30") in depth between the nosing of the top or bottom stair and the next

parallel partition or door. All new stairways shall have landings at least forty-four inches (44") in

depth.

(c) Winding stairs shall not be allowed in approved ways of egress.

(d) Stair treads in approved inside egress passages in existing structures shall be not less

than eight inches (8") wide, exclusive of nosing, and risers shall not exceed eight and one-half

inches (81/2") in height. In new buildings the stair treads shall be not less than nine and one-half

inches (91/2") wide, excluding the nosing, and risers shall not exceed seven and three-fourths

inches (73/4") in height. Treads and risers shall be of uniform width and height in each individual

stairway.

23-28.6-11. Aisles and seating. -- (a) In each place of assembly where seating is

provided, except where assembly is seated at tables, the seating shall be arranged in an orderly

manner with ample provisions made for aisles leading to exits, and no aisle forming a part of the

egress system of the place of assembly shall be obstructed or encumbered. No longitudinal aisle

serving seats on one side shall be less than thirty inches (30") in width, and no aisle serving seats

on both sides shall be less than thirty-six inches (36") in width and shall be increased one inch

(1") for every five feet (5') of travel toward main exits according to the number of seats served

thereby. Ample front, rear, or through-section cross aisles at least thirty-six inches (36") in width

shall be provided where necessary for access to exit openings. Rows of seats between aisles shall

have not more than fourteen (14) seats. Rows of seats opening onto an aisle at one end only shall

have not more than seven (7) seats.

(b) The spacing of rows of seats from back to back shall be not less than thirty inches

(30"). There shall be a space of not less than twelve inches (12") between the back of one seat and

the front of the seat immediately behind it as measured between plumb lines. In every place of

public assembly used principally for the presentation of theatrical performances or exhibitions, all

seats in each row shall be fastened together and secured firmly to the floor.

(c) Tables arranged for dining or other purposes in places of assembly shall be so located

in respect to exit openings, and so spaced apart, that sufficient means of access to exit openings is

provided. Aisles in the direction of exits shall be at least three feet (3') in width. Suitable access to

aisles shall be provided from all tables.

23-28.6-12. Exit signs. -- (a) All places of assembly and their means of egress shall be

provided with exit signs in accordance with this code. Group type C specified in § 23-28.23-2

shall be required.

(b) Exit signs shall not be required for places of assembly used exclusively for religious

purposes.

23-28.6-13. Emergency lighting. -- (a) All places of assembly and their means of

egress shall be provided with emergency lighting in accordance with chapter 28.24 of this title.

(b) Emergency lighting shall not be required for places of assembly used exclusively for

religious purposes with a capacity of less than three hundred (300) persons. When normal

illumination is dependent upon artificial means, this exception shall not be allowed.

23-28.6-14. Extinguishing equipment required. -- Places of assembly shall be

provided with proper fire extinguishing equipment adequate for the area involved and suitably

located. The term "extinguishing equipment" as used in this section shall not include automatic

sprinklers. As to type, location and maintenance, all fire extinguishers shall be in accordance with

N.F.P.A. Standard 10, 1988 edition. For all places of assembly with hood and duct cooking

facilities, an approved fixed extinguishing system in accordance with N.F.P.A. Standard 96, 1987

edition, shall be provided to cover hood, duct, fry kettles, and broilers with automatic shutoffs for

energy supply to these units.

23-28.6-15. Decorative and acoustical material to be flame resistant. -- (a) All

combustible decorative and acoustical material including curtains, but not including floor

coverings shall be rendered and maintained flame resistant in accordance with subsection (d).

This regulation shall not be construed to prohibit the use of wall or ceiling coverings affixed

directly to the wall or ceiling, which meet the requirements of subsection (e). Furnishings or

decorations of an explosive or highly flammable character shall not be used.

(b) No decorative material shall be in direct contact with electrical wiring or equipment

of any kind, or lighted by candle or open flame or by other than indirect electrical lighting except

as provided in subsection (c).

(c) Electric Christmas or holiday lights may be used only on trees, garlands, or wreaths

that are artificial, made of nonmetallic material, and are labeled flame resistant by the

manufacturer and are UL or FM approved. The labels stating the UL or FM approval or flame

resistancy of the artificial decorations shall not be removed from them. All the lights and power

supplies for the lights shall meet the following requirements:

(1) The electric lights that are to be used on the decorations shall be the low heat and low

voltage type, and must be UL or FM approved. The electric cords supplying these lights must be

UL or FM approved. The labels stating the UL or FM approvals shall not be removed from the

lights or cords to be used.

(2) In-line fuses shall be provided for light sets.

(3) The circuit providing power directly to or by electric cord to the light set(s) must be

properly grounded and rated at not more than fifteen (15) amps.

(4) Electric cords supplying the light sets shall be the grounded type and shall be of not

less than fourteen (14) ga. wire.

(5) No electric wiring, lights or equipment shall be used on any natural tree, garland, or

wreath of any kind.

(6) It shall be the responsibility of the management of the establishment to be sure that

the lights are properly installed, and that the supply wires are not placed in such manner as to

create an electrical or fire hazard, or to be an obstruction to occupants exiting the building.

(7) The management will be responsible for the care and condition of any lights and

equipment to be used. Any repairs other than changing the bulbs is prohibited. Defective light

sets and cords will be discarded.

(d) (1) All approvals of decorative materials shall be limited to one year. The owner or

the owner's authorized agent shall file an affidavit with the enforcing officer certifying to the

following:

(i) The product used will render the decorative material flame resistant in accordance

with N.F.P.A. Standard 701, 1989 edition.

(ii) That the product used was applied in accordance with the manufacturer's

specifications.

(iii) State the date of treatment and warranty period.

(2) When a doubt exists as to the fire retardant quality or the permanency of treatment,

material shall be subject to the field check test as provided in subsection (d)(3).

(3) Match Flame Test:

(i) Samples, in dry condition, are to be selected for tests and are to be a minimum of one

and one-half inches (11/2") wide and four inches (4") long. The fire exposure shall be the flame

from a common wood kitchen match (approximate length 27/16 inches; approximate weight

twenty-nine (29) grams per hundred), applied for twelve (12) seconds.

(ii) The test shall be performed in a draft-free and safe location. The sample shall be

suspended (preferably held with a spring clip, tongs, or some similar device) with the long axis

vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half

inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to

be removed gently away from the sample.

(iii) During the exposure, flaming shall not spread over the complete length of the sample

or in excess of four inches (4") from the bottom of the sample (for larger size samples). There

shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming

particles shall be rejected if the materials continue to burn after they reach the floor.

(e) Interior finish in all places of assembly shall be as regulated or modified by the

provisions of the description of interior finish in § 23-28.1-5 and shall not exceed the following

classifications for the locations indicated:

(1) In all means of egress Class A.

(2) In all other rooms or spaces Class C.

(f) (1) Floor coverings must conform to the requirements of the next class lower than the

classifications above, but in no instance should they be less than Class C except that in

sprinklered buildings all floor coverings may be Class C throughout.

(2) IN ADDITION: All floor covering referred to in N.F.P.A. Standard 253, 1984 edition

and described as Class I and Class II in N.F.P.A. Standard 101, 1988 edition may be used on all

floors where combustible floor coverings are allowed.

23-28.6-16. Construction material. -- (a) All Class "A" places of assembly, and other

places of assembly located above the second story, shall be constructed of non-combustible

material with a fire resistance rating of not less than two (2) hours.

(b) All Class "B" places of assembly, not more than two (2) stories in height shall be

constructed with material providing not less than one hour protection.

(c) All Class "C" places of assembly not more than two (2) stories in height may be of

wood construction.

23-28.6-17. Housekeeping. -- All places of assembly, egress passages therefrom, and

adjacent rooms and spaces not segregated from the place of assembly or passage by closed fire

resistant construction, shall be kept clean and in tidy condition, and free from combustible debris.

No premises shall contain storage of flammable liquids or liquefied petroleum gas, and no

cooking or use of open flame or smoking shall be allowed without adequate provisions for the

protection of the premises and occupants against fire.

23-28.6-18. Alarm systems. -- (a) A fire alarm system as prescribed in § 23-28.25-4(a),

and in accordance with requirements adopted by the fire safety code board of appeal and review,

shall be installed in all Class "C" places of assembly.

(b) A fire alarm system as prescribed in § 23-28.25-4(b) and in accordance with

requirements adopted by the Fire Safety Code Board of Appeal and Review shall be installed in

all Class "A" and "B" places of assembly.

(c) In addition to the locations prescribed in chapter 28.25 of this title, and in accordance

with requirements adopted by the Fire Safety Code Board of Appeal and Review, a manual alarm

station shall be installed on every stage and near any fixed lighting control panel and any

projection booth.

(d) A rate of rise or fixed temperature detector or detectors approved by the authority

having jurisdiction shall be installed above all stage areas and below all accessible stage areas and

projection booths.

     SECTION 7. Sections 23-28.6-5, 23-28.6-21, 23-28.6-22 and 23-28.6-23 of the General

Laws in Chapter 23-28.6 entitled “Places of Assembly” are hereby amended to read as follows:

23-28.6-5. Admissions restricted and supervised. -- (a) Admissions to all places of

assembly shall be supervised by the responsible management or by the person or persons

delegated with the responsibility by the management, and the responsible person shall not allow

admissions in excess of the maximum occupancy as provided in § 23-28.6-3, provided,

subsections (c), (d), and (e) below do not apply to churches and places of worship, wherein

patrons retain their outer clothing for immediate exit, and where they are confined for a period

not exceeding two (2) hours duration. Only those portions of a building used exclusively for

religious worship are included in this exception.

     (b) The maximum occupancy of all areas shall be conspicuously posted by means of a

sign furnished by the state fire marshal's office.

     (c) All Class A places of assembly with an occupancy load of greater than one thousand

(1,000) people shall have one uniformed fire fighter, and any additional uniformed fire fighters on

duty when deemed necessary by the chief of the local fire department or the designee of the state

fire marshal in the local fire department except as provided under subsection (f) of this section.

     (d) All Class B places of assembly, with an occupancy load of greater than three hundred

(300) up to one thousand (1,000) people, of less concentrated use shall have a uniformed fire

fighter and any additional uniformed fire fighters on duty when deemed necessary by the chief of

the local fire department or the designee of the state fire marshal in the local fire department.

     (e) All Class B and C places of assembly with occupancy loads of fifty (50) up to one

thousand (1,000) people of concentrated use shall have one uniformed fire fighter on duty when

deemed necessary by the chief of the local fire department or the designee of the state fire

marshal in the local fire department.

The Rhode Island Fire Safety Code Board of Appeal and Review is hereby directed to

conduct a review of the impact of this subsection (§ 23-28.6-5(e)) upon municipalities, fire

departments and business owners and report its findings to the General Assembly on or before

January 30, 2004.

     (f) On an event-by-event basis, in the absence of an unusual hazard, the chief of the local

fire department or the designee of the state fire marshal in the local fire department may waive, in

writing, the fire fighter on duty requirement of subsections (c) and (e) when the actual occupancy

of a building for a specific event is substantially lower than the calculated occupancy of the

building.

(f) (g) All Class B and C places of assembly with occupancy loads of fifty (50) up to one

thousand (1,000) people of concentrated or less concentrated use being utilized for activities that

would cause the place of assembly to be unsafe, dangerous or hazardous of unusual hazard shall

have one uniformed fire fighter on duty during such activity, and any additional uniformed fire

fighters on duty when deemed necessary by the chief of the local fire department or the designee

of the state fire marshal in the local fire department unless this requirement is specifically waived

in writing for each such event.

(g) (h) The cost of all fire fighters on duty under subsections (c) through (f) of this

section shall be borne by the management of the facility.

(h) (i) The above assigned fire fighter(s) shall be equipped with portable communication

devices which shall be provided for by the local fire department to allow direct communication to

the dispatcher of the local fire department.

(i) (j) Any person violating the provisions of this section shall be fined not exceeding

five thousand dollars ($5,000) for each offense.

(j) (k) The provisions of § 23-28.2-17 shall apply to any fire fighter assigned to a place

of assembly pursuant to this section.

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).

     (b) The requirements of subsection (a) shall not apply to:

     (i) Any Class "C" 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 Class "C" place of assembly with an occupancy load of fifty (50) to three

hundred (300) people of concentrated use not classified as a "special amusement building

concentrated occupancy place of assembly" nightclub;

     (iii) Any Class "C" place of assembly with an occupancy load of fifty (50) to three

hundred (300) people of concentrated use, classified as a "special amusement building

concentrated occupancy place of assembly" nightclub with a posted maximum occupancy of less

than one hundred fifty (150) people;

     (iv) Any existing fully alarmed building with a total (complete) coverage fire alarm

system used exclusively primarily as a place of worship. For the purposes of this subsection

(b)(iv), incidental business offices, religious education programs and other programs designed to

watch children during the limited period of time that their parents or guardians attend religious

services in the building, shall be allowed in an exempted place of worship. Additionally, for

purposes of this subsection (b)(iv), the square footage of the area used primarily as a place of

worship shall not be included in the calculation of the remaining areas of the building to

determine its classification and the applicability of this section 23-28.6-21. In the event a

building is so calculated and requires sprinklers, the sprinkler system shall not be extended into

those areas used primarily as a place of worship of a building with a total (complete) coverage

fire alarm system.

(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 Class A and B 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 Class "C" special amusement buildings concentrated occupancy places of

assembly" 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.

     (f) A Class "C" 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.

23-28.6-22. Special amusement building concentrated occupancy places of

assembly. Nightclubs -- Every special amusement building concentrated occupancy place of

assembly nightclub as defined in § 23-28.1-5 shall comply with following requirements,

consistent with requirements related thereto established by the Fire Safety Code Board of Appeal

and Review and the state fire marshal. All such buildings shall:

     (a) Have fire alarms that are municipally connected for occupancies of one hundred fifty

(150) or greater and for all Class A and B places of assembly by July 1, 2004. These fire alarm

systems shall be tested no less than quarterly.

     (b) Have sprinklers in Class C places of assembly of one hundred fifty (150) or greater

with an occupancy load of one hundred fifty (150) up to three hundred (300) people by July 1,

2006 and in Class A and B places of assembly with an occupancy load of greater than three

hundred (300) people by July 1, 2005; provided, however, that this requirement shall not apply to

fully alarmed buildings used exclusively as places of worship.

     (c) Have alarm systems sound and upon the actuation of any smoke detector or fire alarm,

have emergency lighting or other appropriate lighting activate, and require that any conflicting

sounds or visuals cease, by February 20, 2004.

     (d) Have two fire extinguishers, which shall be at least twenty (20) pounds or such other

size as may be established as appropriate by the Fire Safety Code Board of Appeal and Review,

in each stage area, by February 20, 2004.

     (e) Have floor proximity exit signs for all occupancies greater than one hundred fifty

(150) by February 20, 2005.

     (f) Shall provide an audible announcement of the location of emergency exits prior to

each act or set.

     (g) Have an emergency plan for the premises, approved by a fire marshal and consistent

with rules established by the Fire Safety Code Board of Appeal a person on duty or a crowd

manager on duty, who has been trained by the fire marshal with regard to the emergency plan and

basic crowd management techniques by October 1, 2004. This requirement shall be in addition to

the requirement for a detail fire fighter.

23-28.6-23. Prohibited activities in places of assembly. -- (a) Pyrotechnics. The

storage, handling, use of display of pyrotechnics is prohibited in all Class B places of assembly,

except as may be authorized below. Pyrotechnics may be permitted only in class A places of

assembly with an occupancy load of greater than one thousand (1000) people that are fully fire

alarmed and sprinklered and in Class B places of assembly with an occupancy load of three

hundred (300) up to one thousand (1000) people that are theatres and are fully fire alarmed and

sprinklered and have specific advanced approval from the fire marshal, or his designee, for the

use of such pyrotechnics in accordance with requirements established by the Fire Safety Code

Board of Appeal and Review.

     (b) The use of decorative or acoustical materials that are not certified, consistent with

NFPA requirements or such other requirements as may be established by the Fire Safety Code

Board of Appeal and Review is prohibited. Any person or entity violating the provisions of this

section shall be fined in an amount not exceeding five thousand dollars ($5,000) for each offense.

     SECTION 8. Chapter 23-28.7 of the General Laws entitled “Hotels and Motels” is

hereby repealed in its entirety.

CHAPTER 23-28.7

Hotels and Motels

23-28.7-1. Applicability. -- (a) The regulations contained in this chapter shall apply to

all motels and hotels, as defined in § 23-28.1-5, except such places as are expressly exempt in

accordance with the provisions of this code.

(b) Fire escapes and other outdoor stairways, heating, cooking, and ventilating facilities,

and the use of electric wiring and appliances shall be covered by special articles related thereto.

23-28.7-2. Egress facilities required. -- (a) All hotels shall be provided with approved

egress facilities as required under the provisions of this code.

(b) No less than two (2) approved means of egress shall be provided from every story of

every building, and shall be located remote from each other, providing the best practicable means

of egress for all guests in the event fire renders one exit impassable.

(c) Exits from each floor shall be so arranged that it will not be necessary to travel more

than one hundred feet (100') from the door of any guest room, or from any point in a building or

section not divided into rooms, to reach the nearest approved means of egress from that story. In

buildings which are sprinklered, this distance may be one hundred fifty feet (150').

23-28.7-3. Egress passageways. -- (a) Access to all interior and outside stairways, to

fire escapes, and other exits considered as approved means of egress shall be unobstructed and

shall not be through a room used as a bedroom, bathroom, or kitchen, or for any other purpose

that may obstruct free passage, nor shall access be veiled from open view by ornamentation,

curtains, or other appurtenances.

(b) All corridors and passageways in new buildings considered as approved means of

egress, shall be at least sixty inches (60") in width and eighty-four inches (84") in height, and of

such greater width as conditions require. All corridors and passageways now existing shall be at

least thirty-two inches (32") in width and at least seventy-four inches (74") in height in order to

be considered as approved means of egress.

(c) All doorways which are of themselves, or are a part of, approved means of egress,

shall be at floor level in new structures, and as near thereto as practicable in existing structures.

Windows shall not be considered as approved means of egress.

(d) Passageways from inside stairways to the outside shall have the same fire resistant

quality as required of the connecting stairways in accordance with subsection (a) of § 23-28.7-5

and § 23-28.7-7(b).

(e) All approved egress passageways shall at all times provide free, unobstructed, and

safe passage to the street or to a ground area of refuge.

23-28.7-4. Transoms prohibited. Transoms and other openings in corridors or

passageways shall not be allowed. Existing transoms and like openings in corridors and

passageways shall be permanently sealed and made fire-resistant with materials of a sixty (60)

minute fire rating. All opening devices shall be removed.

23-28.7-5. Stairways and other vertical openings. -- (a) Every existing interior

stairway constituting approved egress passage from any story of a hotel shall be enclosed or be

segregated from other portions of the building by material with a fire-resistant rating of not less

than sixty (60) minutes. Partitioning at floor levels with materials of the same rating effecting a

closure of the stairway opening between floors, shall constitute a proper enclosure in the building;

provided, that the basement and other stories below are segregated from the first story in the same

manner; provided further, that the partitioning and segregation shall not be required in

sprinklered, noncombustible buildings connecting three (3) adjacent stories; and provided, that

partitions or segregation shall not be required for a flight of stairs connecting two (2) adjacent

stories in a noncombustible building which is not sprinklered. At least one stairway, and

additional stairways where necessary, shall lead directly to the outdoors or to an enclosed

passageway leading to the outdoors, constructed to resist fire to the same degree. One stairway,

where necessary, may be allowed to lead through an open space or lobby with ample egress

openings to the outside. Corridors leading to sleeping quarters shall be separated by fire doors.

All other vertical openings throughout the buildings shall be closed by material with a fire-

resistant rating of not less than sixty (60) minutes. (See subsection b of § 23-28.7-7 for new

construction requirements.)

(b) (1) Elevators will not be considered as approved means of egress, and all new

elevator and dumbwaiter shafts shall be enclosed by noncombustible materials with a fire

resistant rating of not less than two (2) hours, existing elevators shall be enclosed by

noncombustible materials with a fire resistant rating of not less than sixty (60) minutes. No

opening shall be allowed through the side wall enclosures for ventilating or other purposes,

except to an outside wall. All doors servicing elevators shall be Class B label one and one half

(11/2) hour in new elevators, and in existing elevators Class B, label one hour, and the doorways

shall be made smoke-tight when doors are closed.

(2) Elevators and elevator shafts shall otherwise be designed, constructed, maintained,

and ventilated in accordance with regulations promulgated by the department of labor and

training.

(c) All stairways in approved egress passages shall have suitable handrails on both sides,

except such stairs as are less than three feet (3') in width, which stairs shall have one handrail.

(d) Stairways in approved egress passages in existing hotels shall be not less than thirty-

two inches (32") in width and not less than seventy-four inches (74") in height and in new

buildings, additions to existing buildings, or buildings hereafter converted for the purpose of a

hotel, the stairways shall be not less than forty-four inches (44") in width and not less than ninety-

six inches (96") in height.

(e) Existing stairways in approved egress passages shall be provided with landings at

least thirty inches (30") in depth between the nosing of the top or bottom stair, and the next

parallel partition or door. New stairways shall have the landings at least forty-four inches (44") in

depth.

(f) Stair treads in approved inside egress passages in existing structures shall be not less

than eight inches (8") wide, exclusive of nosing, and risers shall not exceed eight and one-half

inches (81/2") in height. In new buildings the stair treads shall be not less than nine and one-half

inches (91/2") wide, and risers shall not exceed seven and three-fourths inches (73/4") in height.

In all new construction, stairway nosing shall not be allowed. Treads and risers shall be of

uniform width and height in each individual stairway.

23-28.7-6. Egress doors. -- (a) Doors in approved egress passages into stairways and to

the outside shall be so hung as to open in the direction of exit travel, but this requirement shall not

be construed to prohibit ground floor entrance doors swinging both inward and outward. The

doors shall not be so hung as to obstruct egress passage.

(b) Doors into required stairway enclosures, all doors serving other vertical openings,

and doors in side wall openings in enclosed egress passages, except doors to the outside, shall be

equipped with suitable self-closing devices, maintained in operating condition. The doors shall

not be equipped with devices intended for holding the doors in an open position, and they shall

not be otherwise so held. All doors herein referred to shall be Class B label, one and one-half

(11/2) hours.

(c) Doors and jambs in walls or partitions required to be fire-resistant shall be equally

fire-resistant, and shall be constructed and maintained close fitting and reasonably smoke-tight.

(d) Doors in a partition required to be fire-resistant shall in new construction contain

Class B label one and one-half (11/2) hour doors and door assemblies. In existing buildings, Class

B one hour rating doors and door assemblies shall be required.

(e) Doors in existing approved egress passages shall be not less than thirty-two inches

(32") in width. When serving approved egress passages, new doors in existing structures and all

doors in new structures shall be not less than thirty-six inches (36") in width and seventy-eight

inches (78") in height, except that each leaf of a double or mullioned door may be not less than

thirty inches (30") wide.

(f) Egress doors leading to the outside or into an enclosed passageway leading to the

outside, except doors on the ground floor normally used for entrance, shall be equipped with

panic hardware which will release when normal pressure is applied to the releasing device in the

direction of exit travel. The releasing device may be a bar or panel extending not less than thirty

inches (30") nor more than forty-four inches (44") above the floor. They shall be kept closed

when not in use.

(g) Revolving doors shall not be considered as approved means of egress.

23-28.7-7. Construction. -- (a) Every hotel or motel hereafter constructed, every

addition hereafter made to any hotel or motel, and every building hereafter converted for the

purposes of a hotel, shall be of noncombustible construction if more than three (3) stories above

the basement of any portion of the motel or hotel building is used or intended for use by guests or

employees.

(b) All vertical openings, including stairways and passageways to the outdoors, in all

new buildings, additions to existing buildings, or buildings hereafter converted for the purpose of

a motel or hotel, shall be enclosed by material with a fire resistant rating of at least two (2) hours,

except that an enclosure shall not be required for a flight of stairs in a noncombustible building

when the stairs connect only one story with one other story immediately above or below it, and

provided that at least one passageway for each floor of the hotel or motel shall lead directly to the

outdoors by stairways or passageways, or a combination of both, enclosed completely by fire

resistant material of such rating. Outside stairways shall not be allowed as approved means of

egress from new hotels or motels, in accordance with § 23-28.8-1.

23-28.7-8. Hazardous occupancies. -- No combustible building shall contain a Class 1,

2, or 3 dry cleaning establishment as defined in special regulations governing the dry cleaning

establishments, or other commercial occupancy using flammable liquids, or any other storage of

materials or equipment of high hazard unless the occupancy is completely segregated from the

hotel or motel premises by unpierced walls with a fire resistant rating of not less than two (2)

hours, and by ceilings and floors of material with the same fire resistant rating.

23-28.7-9. Fire walls and smoke barriers. -- The installation of fire walls or smoke

barriers, or both, additional to those specifically required in this code, may be ordered by the

building inspector having jurisdiction or state fire marshal, upon certification of the proper

inspecting authority that the same is necessary as a minimum requirement for safety.

23-28.7-10. Fire-stopping. -- (a) Exterior walls of new or changed frame construction

and interior stud partitions shall be fire-stopped at each floor level by a two-inch (2") thick plate

or masonry filling, completely closing any possible vertical opening from one story to another.

(b) In existing buildings, exterior walls of frame construction and interior stud partitions

shall be completely fire-stopped by a timber of not less than two inches (2") in thickness or other

suitable noncombustible material completely closing any possible vertical openings, open joist

channels, and stud spaces, at the ceiling of the basement.

23-28.7-11. Exit signs. -- All hotels and motels shall be provided with exit signs in

accordance with chapter 28.23 of this title; group type C, as specified in § 23-28.23-2 shall be

required. Where each guest room has a direct exit to the outside of the building at ground level no

exit signs shall be required; provided, however, that all other guest room doors shall have posted

thereon a diagram showing the direction to all exits on the floor where the room is located.

23-28.7-12. Emergency lighting. -- All hotels and motels shall be provided with

emergency lighting in accordance with chapter 28.24 of this title. Where each guest room has a

direct exit to the outside of the building at ground level, no emergency lighting shall be required.

23-28.7-13. Extinguishing equipment required. -- All hotels and motels shall be

provided with proper fire extinguishing equipment in accordance with NFPA Standard 10, 1988

edition. The term "extinguishing equipment" as used in this section shall not include automatic

sprinklers. (See § 23-28.7-14.)

23-28.7-14. Sprinklers required. -- (a) All new hotels and motels, every addition

hereafter made to a hotel or motel, and every building hereafter converted for the purposes of a

hotel or motel, shall be completely protected by an approved system of automatic sprinklers

installed and maintained in accordance with N.F.P.A. Standard 13, 1989 edition, and its related

standards.

(b) All existing hotels or motels constructed wholly or in part of combustible materials,

which have sleeping accommodations for guests or employees above the third story, shall be

completely protected by an approved system of automatic sprinklers.

23-28.7-15. Decorative and acoustical material. -- (a) Decorative and acoustical

materials. All combustible decorative and acoustical material, including curtains, streamers and

other paper and decorative materials, but not including floor coverings, located in all corridors,

passageways, and in lobbies and other rooms or spaces for general guest or public use, shall be

rendered and maintained flame resistant. This regulation shall not be construed to prohibit the use

of wall or ceiling coverings affixed directly to the wall or ceiling, provided the surface will not be

readily flammable.

(b) Limitation of approval. All approvals of decorative materials shall be limited to one

year. The owner or the owner's authorized agent shall file an affidavit with the enforcing officer

certifying to the following:

(1) The product used will render the decorative material flame resistant in accordance

with N.F.P.A. Standard 701, 1989 edition.

(2) That the product used was applied in accordance with manufacturer's specifications.

(3) State the date of treatment and warranty period.

(c) When a doubt exists as to the fire retardant quality or the permanency of treatment,

material shall be subject to the field check test as provided in subsection (d).

(d) Field test: match flame test. (1) Samples, in dry condition, are to be selected for tests

and are to be a minimum of one and one half inch (11/2") wide and four inches (4") long. The fire

exposure shall be the flame from a common wood kitchen match (approximate length two and

seven sixteenths inches (27/16"); approximate weight twenty-nine (29) grams per hundred),

applied for twelve (12) seconds.

(2) The test shall be performed in a draft-free and safe location. The sample shall be

suspended (preferably held with a spring clip, tongs or some similar device) with the long axis

vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half

inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to

be removed gently away from the sample.

(3) During the exposure, flaming shall not spread over the complete length of the sample

or in excess of four inches (4") from the bottom of the sample (for larger size samples). There

shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming

particles shall be rejected if the materials continue to burn after they reach the floor.

(e) The interior finish in all hotels and motels shall be as regulated or modified by the

provisions of the definition of interior finish in § 23-28.1-5 and shall not exceed the following

classifications for the locations indicated:

(1) In all vertical means of egress "Class A."

(2) In all horizontal means of egress "Class B."

(3) In all other rooms or spaces "Class C."

(f) (1) Floor coverings must conform to the requirements of the next class lower than the

classifications above, but in no instance should they be less than "Class C," except that in

sprinklered buildings all floor coverings may be "Class C" throughout.

(2) IN ADDITION: All floor coverings referred to in N.F.P.A. Standard 253, 1984

edition, and described as Class I and Class II in N.F.P.A. Standard 101 Life Safety Code, 1985

edition, may be used on all floors where combustible floor coverings are allowed.

23-28.7-16. Alarms. -- (a) A fire alarm system as prescribed in § 23-28.25-4(b) shall be

installed in every hotel.

(b) In ADDITION, a visual alarm signal shall be installed in guest rooms specifically

designed for persons with disabilities.

(c) Rate of rise and one-hundred thirty-five degree (135ø) to one-hundred forty degree

(140ø) fixed temperature thermodetector shall be installed in every sleeping room.

(d) A local single station AC smoke detector shall be installed in each sleeping room.

(e) (1) EXCEPTION: Buildings no more than two (2) stories high where each guest

room has a direct exit to the outside of the building shall have a fire alarm system as prescribed in

§ 23-28.25-4(a).

(2) In ADDITION: A local single station AC smoke detector shall be installed in each

sleeping room.

23-28.7-17. Housekeeping. -- All hotel or motel premises and other occupancies within

buildings containing hotels or motels shall be kept clean and in tidy condition, and free from

accumulation of combustible debris or other waste material.

23-28.7-19. Exit charts in dormitories. -- There shall be conspicuously posted in each

room, corridor, and common rooms of a dormitory used for occupancy, a chart of all exits and

fire escapes, detailing the path of egress from the room. The college administrator or his or her

designee shall be responsible for compliance with this section.

     SECTION 9. Chapter 23-28.8 of the General Laws entitled “Fire Escapes – Outside

Stairways” is hereby repealed in its entirety.

CHAPTER 23-28.8

Fire Escapes-Outside Stairways

23-28.8-1. Use on new buildings prohibited. -- The use of fire escapes as approved

means of egress shall not be allowed on new structures regulated by this code.

23-28.8-2. Use on existing buildings. -- (a) Fire escapes may be used as approved

means of egress on existing buildings only wherever enclosed inside stairways of the required

qualifications are found impracticable.

(b) Fire escapes shall not constitute more than fifty percent (50%) of the required exit

capacity.

23-28.8-3. Winding stairs. -- Winding stairs, as defined in § 23-28.1-5, shall not be used

or allowed to continue in use as any portion of an approved egress passage.

23-28.8-4. Construction. -- Fire escapes shall be in conformity with N.F.P.A. Standard

101, 1988 edition, Chapter 5.

23-28.8-5. Outside stairways. -- Outside stairways shall be in conformity with N.F.P.A.

Standard 101, 1988 edition, Chapter 5.

     SECTION 10. Chapter 23-28.9 of the General Laws entitled “Heating and

CookingFacilities” is hereby repealed in its entirety.

CHAPTER 23-28.9

Heating and Cooking Facilities

23-28.9-1. "Central heating plants" defined. -- Central heating plants are fuel fired

heating devices used for heating a building or an area of a building with the use of external

heating pipes or ducts.

23-28.9-2. Enclosures for new and existing buildings. -- (a) In new buildings other

than one, two (2), and three (3) family houses, boarding homes, child day care centers,

community residences II, schools, and health care facilities, central heating plants above 160,000

BTU input and all floor mounted units requiring a non-combustible floor by their listing shall be

in a segregated room, and installed in accordance with their listing. The walls, floor, and ceiling

of the room shall be fire rated at no less than that required for the remainder of the building, or

have a one hour fire resistant rating, whichever is greater. The enclosure shall be located adjacent

to an exterior wall.

(b) In existing buildings other than one, two (2), and three (3) family houses, boarding

homes, child day care centers, community residences II, schools, and health care facilities, central

heating plants above 160,000 BTU input, and all floor mounted units requiring a non-combustible

floor by their listing, shall be in a segregated room, and installed in accordance with their listing.

The walls, floor, and ceiling of the room shall be constructed of material having a one hour fire

resistance rating. All new enclosures required for a central heating plant shall be located adjacent

to an exterior wall.

(c) In all buildings covered by the fire code, central heating plants shall not be located in

attics, or in cellars and basements with areas less than six feet (6') in height.

(d) Central heating plants under 160,000 BTU input that do not require installation in a

fire rated room shall be installed in accordance with their listing and the manufacturer's

instructions.

23-28.9-3. Enclosure doors. -- Doorways and other openings through required furnace

enclosures shall be closed by doors and jambs of the same fire resistant quality as is required of

the enclosure, so hung as to be reasonably smoke-tight and equipped with adequate self-closing

devices. The doors and door assemblies shall be B label one and one-half (11/2) hours in rooms

required to have a two (2) hour fire rating, and a B label one hour rating in rooms required to

have a one hour fire rating. All enclosure doors shall swing inward in new construction or new

enclosures.

23-28.9-4. Oil burners. -- (a) Oil burners shall be equipped with approved devices for

automatic main flame ignition, an approved fuel flow interrupting device, pilot or main flame

monitoring, and any other devices required for the safe operation of that burner. An auxiliary

power interrupting on-off switch shall be wired to a position remote from the burner and from any

fire danger.

(b) All other technical aspects of oil burners not specifically in the Rhode Island fire

code or in this section shall be in accordance with N.F.P.A. Standard No. 85D, 1984 edition, or

Standard 85A, 1982 edition.

23-28.9-5. Gas burners. -- (a) Gas burners shall be equipped with approved devices for

automatic main flame ignition, pilot or main flame monitoring, and any other devices required for

the safe operation of that burner. An auxiliary power interrupting on-off switch shall be wired to a

position remote from the burner and from any fire danger on any burner except those equipped

with self-generating controls.

(b) All other technical aspects of gas burners not specifically in the Rhode Island fire

code or in this section shall be in accordance with N.F.P.A. Standard No. 85B, 1984 edition, or

Standard No. 85D, 1984 edition.

23-28.9-6. Space heaters. -- (a) Space heaters or above-the-floor devices for direct

heating of the space in and adjacent to that in which the device is located without external heating

pipes or ducts shall not be used in any buildings except such devices which are in accordance

with pertinent requirements established by the state fire marshal.

(b) Notwithstanding the limitations set forth in § 23-28.1-2, the rules and regulations

promulgated by the fire marshal pursuant to this section shall apply to private dwellings occupied

by one, two (2), or three (3) families.

23-28.9-7. Air vents. -- Furnace rooms or enclosures shall be provided with an air vent

to the outside sufficient for proper combustion and exhaust. Additional openings and/or a separate

vent by duct to the close proximity of oil burners when used may be required to provide air for

proper combustion. The air vents shall be maintained in an open position by approved mechanical

or fixed devices.

23-28.9-8. Chimneys and flues. -- (a) Furnaces, boilers, and other fired units shall be

vented by smoke pipes or other approved venting material to a chimney constructed of brick,

solid block masonry, or reinforced concrete, with suitable flue lining or substitute chimney

acceptable to national fire protection association standards, properly erected and maintained in

safe condition. Provided, however, that gas heating equipment may be vented into approved type

B or type BW vents in accordance with the provisions of the national fire protection association

Standards 54, 1988 edition and 211, 1988 edition.

(b) Special venting arrangements:

(1) Listed direct vent equipment shall be considered properly vented when installed in

accordance with the terms of its listing and the manufacturer's instruction.

(2) Equipment incorporating integral venting means shall be considered properly vented

when installed in accordance with its listing and the manufacturer's instructions and the 1984

edition of N.F.P.A. Standard 54, or N.F.P.A. Standard 31, 1987 edition.

(3) Mechanical draft systems shall be installed in accordance with the 1988 edition of

N.F.P.A. Standard 54.

23-28.9-9. Cooking appliances. -- (a) Cooking appliances and water heaters shall be

suitably installed in accordance with safe practices. All new construction shall be in accordance

with N.F.P.A. Standard 96, 1987 edition.

(b) All the cooking devices shall be installed upon flooring with a fire resistant surface.

The surface may be required to extend beyond the equipment or for the entire room enclosure

when deemed necessary.

(c) The use of hotplates, coffee makers, toasters, warmers, and similar portable

equipment shall be only in authorized designated areas.

23-28.9-10. Extinguishing equipment required. -- As to type, location, and

maintenance, all fire extinguishers shall be in accordance with N.F.P.A. Standard 10, 1988

edition.

23-28.9-11. Fire alarm systems. -- Required enclosures containing central heating

furnaces in combustible and/or non-sprinklered buildings shall be in compliance with chapter

28.25 of this title.

23-28.9-12. Removal of oil tank from central heating plant. -- (a) Whenever a

residential or commercial oil fired central heating plant ceases to be used due to removal of the

oil tank, the oil tank fill line must be completely removed, or sealed in a manner that prevents oil

from passing through the line. Capping the fill line on the exterior is insufficient under this

section.

(b) The person, firm, or corporation performing the conversion shall be responsible for

the removal or sealing, and shall inform the owner of the premises that such removal or sealing is

required by law.

     SECTION 11. Chapter 23-28.10 of the General Laws entitled “Health Care Facilities” is

hereby repealed in its entirety.

CHAPTER 10

Health Care Facilities

23-28.10-1. "Health care facilities" defined - Standards applicable. -- (a) Health

care facilities shall include the following:

(1) Hospitals.

(2) Skilled nursing facilities.

(3) Intermediate care facilities.

(b) Fire safety requirements, for all health care facilities, shall be in accordance with

N.F.P.A. Standard 101, 1988 edition, chapters 12 and 13, and their related chapters and standards.

(c) All new health care facilities, every addition hereafter made to a health care facility,

and every building hereafter converted for the purpose of a health care facility, shall be

completely protected by an approved system of automatic sprinklers installed and maintained in

accordance with N.F.P.A. Standard 13, 1989 edition and its related standards.

23-28.10-2. Fire alarms. -- A fire alarm system as prescribed in § 23-28.25-4(b) shall be

installed in all health care facilities.

     SECTION 12. Sections 23-28.12-1, 23-28.12-2, 23-28.12-3, 23-28.12-4, 23-28.12-5, 23-

28.12-6, 23-28.12-7, 23-28.12-8, 23-28.12-9, 23-28.12-10, 23-28.12-11, 23-28.12-12, 23-28.12-

13, 23-28.12-14, 23-28.12-16, 23-28.12-17, 23-28.12-18, 23-28.12-19, 23-28.12-20, 23-28.12-

20.1, 23-28.12-20.2, 23-28.12-21, 23-28.12-22, 23-28.12-23, 23-28.12-24, 23-28.12-25, 23-

28.12-26, 23-28.12-27, 23-28.12-28, 23-28.12-29, 23-28.12-30, 23-28.12-31, 23-28.12-32, 23-

28.12-33, 23-28.12-34, 23-28.12-35, 23-28.12-37, 23-28.12-38, 23-28.12-39, 23-28.12-40, 23-

28.12-41 and 23-28.12-42 of the General Laws in Chapter 23-28.12 entitled “Schools” are hereby

repealed.

23-28.12-1. Applicability. -- (a) The regulations contained in this chapter, including

without limitation the provisions of subsection (c), shall apply to all buildings or portions thereof

used in whole or in part for group instruction or study in any branch or branches of knowledge;

provided however, that these regulations shall not apply to:

(1) Existing buildings where the total number of students attending classes does not

exceed seventy-five (75); and

(2) Buildings which are used primarily for religious services by any church, synagogue,

or other religious body, and provided further that smoke detectors have been installed throughout

the building.

(b) Persons or societies using the buildings described in subsections (a)(1) and (2) of this

section for school purposes accept the full responsibility for loss of life or any injuries or damages

occurring therein because of fire.

(c) Fire escapes and other outdoor stairways, oil burners, heating, cooking and

ventilating facilities, and the use of electric appliances shall be in accordance with all other

requirements of this code as well as with provisions for them in this chapter.

23-28.12-2. Construction of new buildings and additions to existing buildings. -- (a)

Buildings more than two (2) stories in height above the basement or ground shall be as follows:

(1) Construction shall be noncombustible throughout.

(2) Stairways shall be enclosed in noncombustible construction having a fire-resistant

rating of not less than two (2) hours.

(3) Corridors shall be enclosed in noncombustible construction having a fire resistant

rating of not less than sixty (60) minutes, except as noted in § 23-28.12-9(d), (e), and (f).

(4) Flooring over accessible spaces which are more than five feet (5' ) in clear height shall

have a fire-resistant rating of not less than sixty (60) minutes.

(b) Buildings one or two (2) stories in height above the basement or ground shall be as

follows:

(1) Exterior load bearing walls and/or structural supporting members shall be of

noncombustible construction.

(2) Stairways shall be enclosed in noncombustible construction having a fire resistant

rating of not less than sixty (60) minutes.

(3) Corridors shall be enclosed in noncombustible construction having a fire resistant

rating of not less than sixty (60) minutes, except as noted in § 23-28.12-9(d), (e), and (f).

(4) Flooring over accessible spaces which are more than five feet (5' ) in clear height shall

have a fire resistant rating of not less than sixty (60) minutes.

(c) Roofs of school buildings shall be covered with roofing which is not readily

flammable and does not carry or communicate fire.

23-28.12-3. Heating equipment. -- (a) Central heating plants, steam boilers, and oil-

fired water heaters shall be segregated from all other occupancies by noncombustible construction

having a fire-resistant rating of not less than two (2) hours, and which provides a reasonably

smoke-tight enclosure.

(b) Enclosures for heating equipment and incinerator enclosures shall be provided with

adequate vents direct to the outside, sufficient for proper combustion and exhaust. Ventilating

openings shall be maintained in an open position by a fixed louvre or mechanical device of an

approved type.

(c) Heater rooms shall only contain equipment for heating, hot water supply,

switchboard, and shall not be used for any other purposes.

(d) Interior doors and door assemblies shall be Class B label one and one half (11/2)

hour type doors swinging into the heater room and equipped with a positive self-closing device

without a hold-open device.

(e) Furnaces, boilers, and other fired units shall be vented by means of reasonably gas-

tight smokepipes or breechings connected properly to a chimney constructed of brick, solid block

masonry, or reinforced concrete, with suitable flue lining, properly erected and maintained in safe

condition.

(f) Oil burners. See § 23-28.9-4.

(g) Gas burners. See § 23-28.9-5.

23-28.12-4. Incinerators - Storage areas - Trash chutes and terminus. -- Certain

spaces shall be segregated from pupil-occupied spaces, as follows:

(1) Incinerators within buildings shall be segregated from all other occupancies by

noncombustible construction having a fire-resistant rating of not less than two (2) hours, with a

Class B label one and one half (11/2) hour type door and door assembly having a positive closing

device. Access to incinerator rooms for loading and firing the incinerators will not be permitted

through heater rooms.

(2) Spaces used for storage of tractors, power mowers, or other equipment having an

internal combustion engine shall be segregated from all other occupancies by noncombustible

construction having a fire-resistant rating of not less than two (2) hours and be accessible only

from outside the building.

(3) Maintenance and storage rooms for maintaining combustible materials shall be

segregated from all other occupancies by construction having a fire-resistant rating of not less

than one hour in a one or two (2) story building and not less than two (2) hours in a building of

more than two (2) stories.

(4) (i) Trash or rubbish chutes shall be enclosed in shafts of masonry construction having

a fire resistance rating of not less than two (2) hours. The shaft shall be extended full size through

the roof for a distance of not less than four feet (4') above the roof and terminate in a smoke and

fire hatch protected by devices activated by heat, smoke, pressure, or products of combustion to

cause the hatch to open to the outside in the event of fire or smoke. Normal ventilation for the

dispersal of odors or for other sanitary reasons shall be in accordance with accepted good

practice. Trash chute tubes shall be of steel or stainless steel, of adequate gauge taking into

consideration the height of rise. To minimize the problem of clogging, the area of the intake

opening shall not exceed seventy-five percent (75%) on a trash or rubbish chute. Side-hinged

intake doors shall open a minimum of one hundred forty degrees (140ø) and bottom hinged doors

a maximum of fifty-five degrees (55ø) from the vertical. The throat of the chute shall be double-

sloped and the initial slope from the tube shall be eighty-three degrees (83ø) from horizontal for a

distance of two inches (2") back from the vertical drop, and the balance of the throat shall be as

steep as possible.

(ii) The full rise of trash and rubbish chutes shall be equipped at alternate floor levels and

at the top of the chute with approved recessed sprinkler heads, the operation of any of which will

actuate the hatch mechanism simultaneously. In no case shall a trash chute discharge directly into

an incinerator.

(iii) Service openings into chutes shall be located within a room, compartment, or space

segregated from other parts of the building by masonry wall, floor, and ceiling assemblies having

a fire-resistance rating of not less than two (2) hours. The rooms, compartments, or spaces shall

be protected by an approved system of automatic sprinklers.

(iv) Openings into such rooms, compartments, or spaces shall be protected by Class B

listed and labeled fire doors installed in listed and labeled frames and equipped with positive self-

closing devices.

(v) Chute service openings shall be provided with Class B one and one half (11/2) hour

listed and labeled formed steel doors of flush design type with frames and latching and closing

mechanisms. These doors shall be equipped with approved locks and kept locked at all times

when not in use to prevent use of the chute by other than authorized personnel.

(vi) Trash or rubbish chutes shall terminate or discharge directly into a room,

compartment, or space segregated from the incinerator room and from other parts of the building

by masonry wall, floor, and ceiling assemblies having a fire resistance rating of not less than two

(2) hours, and shall be protected by an approved system of automatic sprinklers.

(vii) Openings into chute terminus rooms, compartments, or spaces shall be protected by

Class B listed and labeled fire doors installed in listed and labeled frames and equipped with

positive self-closing devices.

(viii) An adequate length of hand hose connected to a suitable water supply shall be

provided within such rooms, compartments, or spaces. Any use of this equipment shall actuate

the fire alarm system.

(ix) The terminal end of the chute shall be protected by a Class B listed and labeled flush

type door equipped with a positive self-closing device and kept closed at all times except when

the trash or rubbish is being discharged into the collection room, when under the supervision of a

competent attendant.

(x) All trash and rubbish shall be inspected and cleared as often as may be necessary to

prevent an accumulation of trash and rubbish within the chute, and under no circumstances shall

an overnight accumulation of trash or rubbish be permitted.

23-28.12-5. Elevators and dumbwaiters. -- (a) Elevators will not be considered as

approved means of egress, and all new elevator and dumbwaiter shafts shall be enclosed by

noncombustible materials with a fire resistant rating of not less than two (2) hours, and existing

elevators shall be enclosed by noncombustible materials with a fire resistant rating of not less

than sixty (60) minutes. No opening shall be allowed through the side wall enclosures for

ventilating or other purposes, except to an outside wall. All doors servicing elevators shall be

Class B label one and one half (11/2) hour in new elevators and in existing elevators Class B label

one hour, and the doorways shall be made smoke-tight when doors are closed.

(b) Elevators and elevator shafts shall otherwise be designed, constructed, maintained,

and ventilated in accordance with regulations promulgated by the Rhode Island department of

labor and training.

23-28.12-6. Openings - Ventilation ducts. -- (a) No horizontal interior opening will be

permitted in any shaft except for elevator doors, dumb waiter doors, and doors to pipe shafts. Pipe

shafts shall be enclosed with 60-minute fire resistant construction and doors to pipe shafts one

and three-fourths inches (13/4") thick solid core or noncombustible construction.

(b) Ventilating ducts shall be in accordance with N.F.P.A. Standard 90A, 1989 edition

and 90B, 1989 edition.

23-28.12-7. Gymnasiums, auditoriums, and cafeterias. -- Gymnasiums, whether or not

provided with spectator seating, auditoriums, and cafeterias are classed as "places of assembly"

and are to be in accordance with chapter 28.6 of this title.

23-28.12-8. Exits. -- (a) Each floor level of a school shall have exits or stairs in

sufficient total width to fulfill the requirements of § 23-28.12-14 (exit width determination).

(b) Exits or stairways shall be so located that no doorway of a pupil occupied space shall

be more than one hundred fifty feet (150') in a nonsprinklered building and two hundred feet

(200') in a sprinklered building from one exit or stairway, and so that there is a minimum of two

(2) such stairways or exits from each story, located as remotely as possible from each other. The

one hundred foot (100') requirement will be waived only in cases where all pupil occupied areas

have direct means of egress to the outside.

(c) All classrooms designed as industrial arts shops shall have two (2) separate and

distinct means of egress, one of which shall be direct to the outside or through an adjoining room

and thence to the outside. The other means of egress may be by common use corridor to the

outside.

(d) Homemaking kitchens, chemistry laboratories, arts and crafts rooms, and all

classrooms designed to accommodate fifty (50) or more persons and not exceeding one thousand

square feet (1000 sq. ft.) in area shall have two (2) separate means of egress, remote as

practicable from each other, which lead to the common use corridor or to an adjoining room and

thence to the corridor.

(e) No pockets or dead ends shall be permitted in corridors, except that when all

stairways are enclosed at that floor level such pockets or dead ends may be permitted when they

do not exceed twenty feet (20') in length.

(f) Fire escapes on the exterior of a new building shall not be permitted.

(g) Where courts occur enclosed on all sides and required exits from rooms or spaces

exit into the court, an exit from the court to the exterior perimeter of the buildings shall be

provided. This exit shall be segregated from all building occupancies by noncombustible

construction having a fire resistant rating of not less than two (2) hours.

23-28.12-9. Corridors and egress passageways. -- (a) Corridors used as means of

egress from pupil-occupied areas shall be not less than six feet (6') in unobstructed width. This

minimum width shall exist at all points measured at right angles to the length of the corridor, and

to the nearest point of extended locker doors, fully opened doors from occupied spaces, drinking

fountains, fire extinguishers, or other projecting objects. Clear headroom shall be at least seven

feet (7').

(b) All corridors served by stairs unenclosed at that level and being over three hundred

feet (300') in length shall be divided into approximately equal sections not over three hundred feet

(300') in length by smoke barriers. These barriers shall be similar in construction to the partitions

and doors separating stairways from corridors, except that fifty percent (50%) of the doors therein

shall swing in each direction.

(c) Stairs of less than three (3) risers shall not be used in corridor. Ramps shall be used

for necessary small changes in level. Where ramps are used, rise shall not exceed one foot (1') per

ten feet (10') of run.

(d) Where corridor walls of schoolrooms are required to have fire-resistant rating,

transoms or similar openings in corridor walls of schoolrooms shall not be used except as

follows: glazing of wired glass in panes not exceeding nine square feet (9 sq. ft.) in area each and

securely mounted in noncombustible frames or glass blocks set in noncombustible frame and

mortar will be permissible. The glazing shall be not more than thirty-six inches (36") in height

nor be below four feet (4') from the finished corridor floor. The total area of such glazing shall

not exceed twenty-five percent (25%) of the area of a corridor partition of the classroom, the

height being measured from the corridor side. This does not apply to corridor walls of offices,

cafeterias, or libraries.

(e) Corridor walls of offices may be constructed of glass unlimited in area and type.

(f) Corridor walls of cafeterias and libraries may be constructed of glass unlimited in

area. The glass, however, shall be wired glass in panes not to exceed nine square feet (9 sq. ft.)

each in area and set in noncombustible frames.

(g) (1) All combustible decorative and acoustical materials, and curtains located in

corridors, passageways, stairways, and lobbies, shall be rendered and maintained flame resistant.

This regulation shall not be construed to prohibit the use of wall or ceiling coverings affixed

directly to the wall or ceiling, provided the surface will not be readily flammable and will not

carry or communicate fire.

Limitation of Approval

(2) All approvals of decorative materials shall be limited to one year. The owner or the

owner's authorized agent shall file an affidavit with the enforcing officer certifying to the

following:

(i) The product used will render the decorative material flame resistant in accordance

with N.F.P.A. Standard 701, 1989 edition.

(ii) That the product used was applied in accordance with manufacturer's specifications.

(iii) State the date of treatment and warranty period.

When a doubt exists as to the fire retardant quality or the permanency of treatment,

material shall be subject to the field check test herein provided.

(3) Field test: Match flame test. (i) Samples, in dry condition, are to be selected for tests

and are to be a minimum of one and one half inches (11/2") wide and four inches (4") long. The

fire exposure shall be the flame from a common wood kitchen match (approximate length two

and seven sixteenths inches (27/16"); approximate weight twenty-nine grams (29 gr.) per

hundred), applied for twelve (12) seconds.

(ii) The test shall be performed in a draft-free and safe location. The sample shall be

suspended (preferably held with a spring clip, tongs, or some similar device) with the long axis

vertical, with the flame applied to the center of the bottom edge, and the bottom edge one half

inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to

be removed gently away from the sample.

(iii) During the exposure, flaming shall not spread over the complete length of the sample

or in excess of four inches (4") from the bottom of the sample (for larger size samples). There

shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming

particles shall be rejected if the materials continue to burn after they reach the floor.

(h) In all new schools, interior finish shall be as regulated or modified by the provisions

of the description of interior finish in § 23-28.1-5 and shall not exceed the following

classifications for the locations indicated:

(1) In all vertical means of egress and connecting passages to the outside "Class A."

(2) In all access corridors "Class B."

(3) In all other rooms or spaces "Class C."

(4) Floor coverings must conform to the requirements of the next class lower than the

classifications above, but in no instance should they be less than "Class C," except that in

sprinklered buildings all floor coverings may be "Class C" throughout.

23-28.12-10. Doors. -- (a) All doors from pupil occupied spaces, except toilets, shall

swing in the direction of egress travel with hinges on jamb nearest to the closest stairway or exit.

Minimum door dimensions shall be thirty-six inches (36") wide, except that doors in multiple

may be thirty inches (30") wide.

(b) Locks on interior doors from all pupil-occupied spaces shall be of the "schoolhouse

type"; that is, they shall lock by key only and shall be operative from the inside at all times by the

turning of the knob only.

(c) No sliding door, vertical-lift door, revolving door, or folding partition shall be used as

a closure for a required means of egress; except folding gates may be used to segregate portions

of the building.

(d) Doors swinging in two (2) directions, known as "double-swing," shall not be used as

closures for required means of egress.

(e) All doors in corridors which are required to be fire resistive for at least sixty (60)

minutes shall be "C" label three quarter (3/4) hour door assemblies. The doors may have a vision

panel not to exceed twelve hundred and ninety-six square inches (1296 sq. in.) and glass

thickness of not less than one quarter inch (1/4") and wired. Exceptions to this requirement shall

be doors covered in subsection (i).

(f) Egress doors from corridors or stairway enclosures, which have locking or latching

devices, shall have panic hardware which will permit the door to open with a single motion when

pressure is applied to the releasing device in the direction of egress travel.

(g) Where double-leaf doorways are used in stairway enclosures they shall be equipped

with a mullion or astragal which will provide reasonably tight closure, but which will not

interrupt a complete self-closing operation.

(h) Interior doors to stairways shall provide as a minimum one thirty inch (30') leaf for

each twenty-two inches (22") of stairway width.

(i) Doors and door assemblies from corridors into stair enclosures shall be Class B label

one and one half (11/2) hour fire resistant. These doors shall be equipped with suitable self-

closing devices, maintained in operating condition to keep the doors closed. No such door shall

be equipped with a device for holding it in an open position. Double-leaf doorways shall be

equipped with a mullion or astragal which will provide reasonably tight closure, but which will

not interrupt a complete self-closing operation.

23-28.12-11. Stairways. -- (a) All required stairways shall lead directly to an outside

area having unrestricted access to the exterior perimeter of the building.

(b) All stairs (and platforms, landings, etc. used in connection therewith) shall be of

noncombustible construction throughout. Treads of stairs and landings shall be solid (without

perforations). Handrails are exempted from the above requirements, also short non-exit stairs

serving stages, platforms, etc.

(c) There shall be no variation in the depth of treads and the height of risers in any flight.

Where variation in riser heights in different flights is necessary because of varying story heights,

the variation shall not exceed three-sixteenths of an inch (3/16"). All treads shall be not less than

eleven inches (11") in depth, and risers shall be not more than seven inches (7") in height.

(d) Treads and landing shall have nonslip surfaces.

(e) There shall be no occupied spaces, closets, or other storage areas within stair

enclosures. Spaces shall be left entirely open or shall be entirely enclosed, without door or other

opening into the enclosure. Access doors to pipe-tunnels and similar nonstorage spaces will be

permitted, provided they are of sixty (60) minute fire-resistant construction and kept locked.

(f) No arrangement of treads known as "winders" shall be allowed.

(g) Where doors open into stairways, there shall be a minimum clearance of eighteen

inches (18") between the edge of the door in any position and the nosing of a riser.

(h) All egress stairways shall have suitable handrails on both sides and at center of stairs

wider than eighty-eight inches (88"). There shall be no more than sixty inches (60") between

adjacent handrails.

(i) No stairway shall be less than forty-four inches (44") in width, and no flight of stairs

shall have a vertical rise of more than nine feet (9').

(j) Landings at turns shall be at least forty-four inches (44") in length, measured along

the line of travel, and eighteen inches (18") from the inside handrail except that right angle turns

may be made with a square platform the width of the stairway. Intermediate landings on straight

stairs shall have a length of at least forty-four inches (44").

(k) Ramps may be substituted for stairs, provided surfaces are nonslip and rise does not

exceed one foot (1') in ten feet (10') of run.

23-28.12-12. Stairway enclosures. -- (a) Stairways serving one or more stories above

the first shall be segregated from corridors at all floor levels, except the uppermost floor.

(b) Stairways from basements shall be segregated from first floor corridors and means of

egress by an enclosure.

(c) The enclosure between stairways and corridors shall be constructed in compliance

with § 23-28.12-2(a)(2) and (b)(2).

23-28.12-13. Stages. -- (a) Auditorium stages having a fly loft or grid above or below

the structural opening between the stage and the auditorium, or dressing rooms or storage rooms

on the stage, shall be built of noncombustible construction throughout. The structure supporting

the stage flooring above the normal auditorium floor level may be of combustible construction.

Ventilation shall be provided by means of louvers in the side walls or a smoke and fire hatch

protected by devices activated by heat, smoke, pressure, or products of combustion to cause the

hatch to open to the outside in the event of fire or smoke in the roof, having an area equal to at

least ten percent (10%) of the floor area within the stage walls.

b) All drapes and scenery shall be rendered and maintained flame resistant, subject to the

restrictions and testing under § 23-28.6-15.

23-28.12-14. Exit width. -- Required width of exits and stairs shall be computed in

accordance with the following:

(1) Occupancy load calculated on basis of one pupil per twenty square feet (20 sq. ft.) of

net classroom floor area or one person per fifty square feet (50 sq. ft.) of net shop or laboratory

area.

(2) Stair capacity based on sixty (60) persons per unit of exit width twenty-two inches

(22").

(3) Capacity of doors based upon ninety (90) persons per unit of exit width.

(4) Stairs shall provide total aggregate width in 22-inch increments, in accordance with

the following table:

Number of pupils in area of greatest occupancy served by stairs Total width

of stairs

120 44”

180 66”

240 88”

300 110”

360 132”

420 154”

480 176”

540 198”

600 220”

660 242”

720 264”

780 286”

(5) Exits to the outside shall provide one door for each one hundred (100) persons or

major fraction thereof on that floor, plus one door for each one hundred (100) persons or major

fraction thereof that required stairs are designed to accommodate.

(6) No required exit doorway serving a stairway or corridor shall consist of less than two

(2) thirty inch (30') leaves.

(7) Exits required for places of public assembly may, if appropriately located, be used

jointly as required exits for ordinary school occupancy where total occupancy of the building at

any one time will not exceed the largest capacity calculated under either chapter 28.6 of this title

or this chapter.

23-28.12-16. Exit signs. -- (a) For places of assembly see § 23-28.6-12.

(b) All schools shall be provided with exit signs in accordance with chapter 28.23 of this

title. Group type C as specified in § 23-28.23-2 shall be required.

23-28.12-17. Emergency lighting. -- All schools shall be provided with emergency

lighting in accordance with chapter 28.24 of this title.

23-28.12-18. Housekeeping. -- All school buildings shall be kept clean and in tidy

condition, and free from accumulation of combustible debris or other waste material.

23-28.12-19. Storage of flammable liquids. -- See chapters 28.20 - 28.22 of this title.

23-28.12-20. Fire extinguishers. -- Every new school shall be provided with adequate

fire extinguishers as to type, location, and maintenance, and all fire extinguishers shall be in

accordance with N.F.P.A. Standard 10, 1988 edition.

23-28.12-20.1. Transoms prohibited. -- Transoms and other openings in corridors or

passageways shall not be allowed.

23-28.12-20.2.. [Repealed.]

23-28.12-21. Construction. -- No building, not now a school building, may hereafter be

converted for school purposes unless it complies after conversion with the provisions of part I of

this chapter for new buildings, §§ 23-28.12-1 - 23-28.12-20.1.

23-28.12-22. Sprinkler requirements. -- (a) All existing school buildings wholly or in

part of combustible construction, which have student occupancy above the second story, shall be

protected by a system of automatic sprinklers, installed and maintained in accordance with

N.F.P.A. Standard 13, 1989 edition and its related standards.

(b) Buildings having noncombustible construction of 60-minute fire-resistant rating

enclosing all required stairways and protecting corridors at sides and beneath shall be exempt

from the requirements for sprinklers.

23-28.12-23. Heating equipment. -- (a) Central heating plants, steam boilers and oil-

fired water heaters shall be segregated from all other occupancies by walls, ceiling, and floor

having a fire resistant rating of not less than sixty (60) minutes, which shall provide a reasonably

smoke-tight enclosure.

(b) These enclosures for heating equipment and incinerators shall be provided with

adequate vents direct to the outside, sufficient for proper combustion and exhaust. Ventilating

openings shall be provided directly to the outside by fixed or mechanical louvres of an approved

type.

(c) Heater rooms shall only contain equipment for heating, water supply, and

switchboard, and shall not be used for any other purpose.

(d) Interior doors to heater rooms shall open inward and shall be of the same fire

resistancy required for the segregating partitions, and shall be equipped with a positive self-

closing device. The doors shall have no hold-open devices, and shall be kept closed at all times.

(e) Furnaces, boilers, and other fired units shall be vented to a chimney by means of a

reasonably gastight smoke pipe. The chimney shall be properly constructed of brick, solid block

masonry, steel, or reinforced concrete.

(f) Oil burners. See § 23-28.9-4.

(g) Space heaters. See § 23-28.9-6.

(h) Gas burners. See § 23-28.9-5.

23-28.12-24. Incinerators - Storage areas - Trash chutes. -- (a) Incinerators within

buildings shall be segregated from all other occupancies by construction having a fire resistant

rating of not less than sixty (60) minutes, with a door of the same fire resistancy having a positive

self-closing device.

(b) Space used for storage of tractors, power mowers, or other equipment having internal

combustion engines shall be segregated from all other occupancies by construction having a fire

resistant rating of not less than one hour and shall be accessible only from outside the building.

(c) Trash and rubbish chutes not connected directly to an incinerator in combustible

buildings shall be protected by automatic sprinklers, and the doors and door assemblies shall be

of not less than Class B label one hour fire resistant construction, equipped with self-closing

devices; or the shaft shall be discontinued from use and sealed horizontally at each floor level by

construction equal to the adjacent floor.

23-28.12-25. Elevators and dumbwaiters. -- (a) Elevators will not be considered as

approved means of egress, and all new elevator and dumbwaiter shafts shall be enclosed by

noncombustible materials with a fire resistant rating of not less than two (2) hours and existing

elevators shall be enclosed by noncombustible materials with a fire-resistant rating of not less

than sixty (60) minutes. No opening shall be allowed through the side wall enclosures for

ventilating or other purposes, except to an outside wall. All doors servicing elevators shall be

Class B label one and one-half (11/2) hour in new elevators and in existing elevators Class B

label one hour, and such doorways shall be made smoke-tight when doors are closed.

(b) Elevators and elevator shafts shall otherwise be designed, constructed, maintained,

and ventilated in accordance with regulations promulgated by the Rhode Island department of

labor and training.

23-28.12-26. Vertical openings. -- (a) Abandoned ducts, ventilating ducts, and shafts.

No vertical shaftway shall be used for storage purposes. Access doors to shaftways shall be sixty

(60) minute fire resistant, and shall be kept locked.

(b) Light wells. Open light wells, or other similar openings, within a school building

shall not be permitted. Any such openings now existing shall be enclosed vertically at each floor

level with construction having a fire resistant rating of not less than sixty (60) minutes; except

that such enclosures may contain panes of quarter-inch (1/4") wired glass not over nine square

feet (9 sq. ft.) each in area, securely mounted in noncombustible frames; or they may be floored

over horizontally by construction equal to the adjacent floor.

23-28.12-27. Gymnasiums, auditoriums and cafeterias. -- Gymnasiums, whether or

not provided with spectator seating, auditoriums, and cafeterias are classed as places of assembly,

and are to be in accordance with chapter 28.6 of this title.

23-28.12-28. Exits. -- (a) Each floor level of a school shall have two (2) exits in

sufficient total width to fulfill the requirements of § 23-28.12-35 (exit width determination).

(b) Exits or stairs shall be so located that no doorway of a pupil-occupied space shall be

more than one hundred fifty feet (150') in nonsprinklered buildings and two hundred feet (200') in

sprinkled buildings from one such exit or stairway. There shall be a minimum of two (2)

stairways or exits from each story, located as remotely as possible from each other.

(c) No pockets or dead ends shall be permitted in corridors, except that when all

stairways are enclosed at each floor level; pockets or dead-ends may be permitted when they do

not exceed twenty feet (20') in length.

(d) Where courts occur which are enclosed on all sides, and the required exits from

rooms or spaces exit into the courts, an exit from the court to the exterior perimeter of the

building shall be provided. This exit shall be segregated from all building occupancies by

construction having a fire resistant rating of not less than sixty (60) minutes.

23-28.12-29. Corridors and egress passageways. -- (a) Corridors used as a means of

egress from pupil occupied areas shall not be less than thirty-six inches (36") in unobstructed

width. Exception is that fire protection equipment may protrude no more than eight and one half

inches (8 1/2").

(b) (1) All combustible decorative and acoustical material, and curtains, located in

corridors, passageways, stairways, and lobbies, shall be rendered and maintained flame resistant.

This regulation shall not be construed to prohibit the use of wall or ceiling coverings affixed

directly to the wall or ceiling, provided the surface will not be readily flammable and will not

carry or communicate fire.

(2) All approvals of decorative materials shall be limited to one year. The owner or the

owner's authorized agent shall file an affidavit with the enforcing officer certifying to the

following:

(i) The product used will render the decorative material flame resistant in accordance

with N.F.P.A. Standard 701, 1989 edition.

(ii) That the product used was applied in accordance with manufacturer's specifications.

(iii) State the date of treatment and warranty period.

(3) When a doubt exists as to the fire retardant quality or the permanency of treatment,

material shall be subject to the field check test as provided in subsection (b)(4).

(4) Field test: Match flame test. (i) Samples, in dry condition, are to be selected for tests

and are to be a minimum of one and one half inches (11/2") wide and four inches (4") long. The

fire exposure shall be the flame from a common wood kitchen match (approximate length two

and seven sixteenths inches (27/16"); approximate weight twenty-nine grams (29 gr.) per

hundred), applied for twelve (12) seconds.

(ii) The test shall be performed in a draft-free and safe location. The sample shall be

suspended (preferably held with a spring clip, tongs, or some similar device) with the long axis

vertical, with the flame applied to the center of the bottom edge, and the bottom edge one half

inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to

be removed gently away from the sample.

(iii) During the exposure, flaming shall not spread over the complete length of the sample

or in excess of four inches (4") from the bottom of the sample (for larger size samples). There

shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming

particles shall be rejected if the materials continue to burn after they reach the floor.

(c) In existing schools, interior finish shall be as regulated or modified by the provisions

of the description of interior finish in § 23-28.1-5 and shall not exceed the following

classifications for the locations indicated:

(i) All changes of interior finishes in existing schools shall also conform to the

regulations listed below:

(A) In all vertical means of egress and connecting passages to the outside "Class A."

(B) In all access corridors "Class B."

(C) In all other rooms or spaces "Class C."

(ii) Floor coverings must conform to the requirements of the next class lower than the

classifications above, but in no instance should they be less than "Class C," except that in

sprinklered buildings all floor coverings may be "Class C" throughout.

23-28.12-30. Doors. -- (a) All doors from pupil occupied spaces, except toilets, shall

swing in the direction of egress travel. Minimum door dimensions shall be not less than thirty-six

inches (36") wide.

(b) Doors leading from school rooms or pupil-occupied spaces into a hall or corridor

shall not, during school hours, be locked, bolted, or secured in any other manner than by a spring

which will readily yield to pressure from the inside or by the turning of a knob.

(c) No sliding door, vertical lift door, revolving door, or folding partition shall be used as

a closure for a required means of egress, except folding gates may be used to segregate portions

of the building.

(d) Doors swinging in two (2) directions, known as a double-swing, shall not be used as

closures for a required means of egress.

(e) Egress doors from corridors or stairway enclosures, which have locking or latching

devices, shall have panic hardware which will permit the door to open with a single motion when

pressure is applied to the releasing device in the direction of egress travel.

(f) Where double-leaf doorways are used in stairway enclosures, they shall be equipped

with a mullion or astragal which will provide a reasonably tight closure, but which will not

interrupt a complete self-closing operation.

(g) Interior doors to stairways forty-four inches (44") or over in width shall provide as a

minimum one 30-inch leaf for each twenty-two inches (22") of stairway width. Where stairs are

less than forty-four inches (44") in width, a single-leaf door shall be not less than thirty-six inches

(36") in width.

(h) All interior doors in stairway enclosures required to have a fire resistant rating shall

be not less than sixty (60) minute fire resistant. The doors may be of solid wood planking or built-

up plywood with solid core, not less than one and three fourths inches (1 3/4") thick. Wired glass

one-fourth inch (1/4") thick in a single pane, or smaller panes totaling not over six square feet (6

sq. ft.), may be used in such doors. These doors shall be equipped with suitable self-closing

devices, maintained in operating condition to keep the doors closed. No door shall be equipped

with a device for holding it in an open position.

(i) Any new door installed or existing door changed shall be of a Class B label door and

door assembly one and one half (1 1/2) hour fire resistant.

23-28.12-31. Stairways -- (a) All required egress stairways shall lead directly to the

outside or to a protected passageway which connects the stairs directly to the outdoors. These

stairways and protected passageways shall be enclosed and segregated from other portions of

buildings by materials with a fire resistant rating of not less than sixty (60) minutes.

(b) All existing stairways approved as an inside means of egress shall have stair treads

not less than eight inches (8") in width, exclusive of nosing, and risers shall not exceed eight and

one half inches (81/2") in height.

(c) All stairways in approved egress passages shall be provided with landings at least

thirty-six inches (36") in depth between the nosing of the top or bottom stair and the door

opening.

(d) Winding stairs shall not be allowed in approved means of egress.

(e) All egress stairways shall have suitable handrails on both sides, and at the center of

stairs that are wider than eighty-eight inches (88"). There shall be no more than sixty-six inches

(66") between adjacent handrails, except stairways less than three feet (3') in width may have but

one handrail. Handrails shall be attached at a height of between two feet six inches (2'6") and two

feet nine inches (2'9") vertically above the intersection of the treads and risers.

(f) There shall be no closets or other storage areas within stair enclosures or beneath

stairways used for storage purposes of any kind.

23-28.12-32. Smoke barriers. -- (a) Stairways serving one or more stories above the

first shall be segregated from the corridors at all floor levels, except the uppermost floor, by

means of a smoke barrier.

(b) Stairways from basements shall be segregated from the first floor corridor and means

of egress by a smoke barrier.

(c) The smoke barrier between stairways and corridors shall be constructed of sixty (60)

minute fire resistant material, and may have securely mounted wired glass panes not exceeding

nine square feet (9 sq. ft.) each in area.

(d) All corridors served by stairs, unenclosed at that level and being over three hundred

feet (300') in length, shall be divided into two (2) approximately equal sections by smoke barriers.

The barriers shall be similar in construction to partitions and doors separating stairways from

corridors, except that fifty percent (50%) of the doors therein shall swing in each direction.

23-28.12-33. Fire escapes. -- Fire escapes on existing buildings shall be maintained in

accordance with chapter 28.8 of this title.

23-28.12-34. Drapes and scenery. -- All drapes and scenery shall be rendered and

maintained flame resistant in accordance with § 23-28.6-15.

23-28.12-35. Exit width. -- Required width of exits and stairs or fire escapes shall be

computed in accordance with the following:

(1) Occupancy shall be determined by actual count of pupils or, where this is

impracticable, by assuming one pupil for forty square feet (40 sq. ft.) of gross floor area, not

including places of assembly (which are to be computed according to chapter 28.6 of this title).

(2) Approved egress stairways or fire escapes shall provide a total aggregate width in 22-

inch increments, in accordance with the following table:

Number of pupils in area of greatest occupancy served by stairs Total width

of stairs

60 22”

120 44”

180 66”

240 88”

300 110”

360 132”

420 154”

480 176”

540 198”

600 220”

660 242”

720 264”

780 286”

(3) Exit to the outside shall provide one door for each one hundred (100) persons or

major fraction thereof on that floor, plus one door for each one hundred (100) persons or major

fraction thereof that required stairs are designed to accommodate.

(4) Exits required for places of public assembly may, if appropriately located, be used

jointly as required exits for ordinary school occupancy where total occupancy of the building at

any one time will not exceed the largest capacity calculated under either chapter 28.6 of this title

or this chapter.

23-28.12-37. Exit signs. -- (a) For places of assembly, see § 23-28.6-12.

(b) Illuminated type signs bearing the word "Exit" shall be placed at each exit from a

corridor. Where an exit and/or its sign is not clearly visible from every point in the corridors

served, an adequate number of directional signs shall be provided, bearing the word "Exit" and an

arrow pointing in the direction of the exit.

(c) Exit and directional signs shall have letters at least six inches (6") high, with strokes

and arrows at least three fourths inch (3/4") in width.

(d) Exit and directional signs shall be illuminated at all times of building occupancy.

23-28.12-38. Emergency lighting. -- (a) Adequate artificial lighting shall be provided

for the lighting of all places of assembly, corridors, passageways, stairways, ramps, fire escapes,

and other means of egress leading directly to the outside.

(b) An automatic, independent, secondary source of power for illumination shall be

provided for the reasonable lighting of all places of assembly, and the corridors, passageways,

stairways, ramps, fire escapes, and other means of egress direct to the outside from these places

of assembly. This secondary lighting system shall be termed herein as emergency lighting.

(c) Emergency lighting shall not be required for places of assembly which are not used at

night, or for places which do not exceed one thousand five hundred square feet (1500 sq. ft.) of

floor area and so located that at least one exit is direct to the outside and within five feet (5') of

grade.

(d) Acceptable types of emergency lighting systems are as follows:

(1) Type A: A unit with attached or remote heads, powered by self-contained or centrally

located restorable battery system with 24-hour recovery capacity, wired to circuits supplying

energy for normal lighting in the areas being protected.

(2) Type B: An automatically started engine generator set, capable of attaining full speed

within ten (10) seconds, of the correct capacity for generating and maintaining the energy

required for the full emergency illuminated load.

(3) Type C: A second independent electrical service, as widely separated from the first as

the available sources allow.

(e) Wiring of all emergency lighting systems shall be so arranged as to throw on the

emergency lighting automatically for all areas of the building that the public has access to, when

the artificial lighting for any such area fails.

(f) All wiring for emergency lighting shall be in accordance with the latest electrical

code, and shall comply in every respect with accepted standards.

(g) All emergency lighting systems shall be designed and maintained to provide

illumination of three (3) foot candle intensity for stairs and exitways and one-foot candle intensity

for other protected areas, for a period of not less than ninety (90) minutes. Equipment for such

power shall include a push button voltmeter to indicate battery voltage and self-restoring test

switch. Posted proof of monthly check inspections shall be maintained.

(h) Battery system of over fifty (50) volts. In such systems the battery and charging

equipment shall be housed in a separate room of noncombustible construction adequately vented

directly to the out-of-doors and secure against unauthorized entry.

(i) Generator sets shall be housed in a separate masonry enclosure of 2-hour fire-resistant

construction with a class B type door secured against unauthorized entry. The door sill shall be

six inches (6") above the floor. The room shall be adequately ventilated directly to the out-of-

doors and the exhaust from the motor shall be installed in accordance with accepted safe

practices.

23-28.12-39. Housekeeping. -- All school buildings shall be kept clean and in tidy

condition and free from accumulation of combustible debris or other waste material.

23-28.12-40. Storage of flammable liquids. -- See chapters 28.20 - 28.22 of this title.

23-28.12-41. Fire extinguishers. -- Every existing school shall be provided with

adequate fire extinguishers as to type, location, and maintenance, and all fire extinguishers shall

be in accordance with N.F.P.A. Standard 10, 1988 edition.

23-28.12-42. Transoms. -- Existing transoms and like openings in corridors and

passageways shall be permanently sealed and made fire-resistant with materials of a sixty (60)

minute fire rating. All opening devices shall be removed.

     SECTION 13. Sections 23-28.12-15 and 23-28.12-36 of the General Laws in Chapter 23-

18.12 entitled “Schools” are hereby amended to read as follows:

23-28.12-15. Fire alarm systems. -- (a) A full coverage fire alarm system as prescribed

in § 23-28.25-4(b) shall be installed in all educational occupancies.

(b) In cases where instruction is incidental to some other occupancy, the section of these

regulations governing the other occupancy shall apply. Sunday schools or church schools which

are not used for daily classes throughout the week shall comply with that section of these

regulations dealing with places of public assembly.

(c) Alarm horns shall be supplemented by flashing lights marked "FIRE."

     (d) (a) It shall be the duty of the principal or other person in charge of every public school

or private school or educational institution within the state, having more than twenty-five (25)

pupils, to instruct and train the pupils by means of drills, so that they may in a sudden emergency

be able to leave the school building in the shortest possible time and without confusion or panic.

There shall be fifteen (15) such drills or rapid dismissals during the school year, at least eight (8)

of which shall be held during the months of September, October, and November. The remaining

seven (7) drills or rapid dismissals shall be held at the discretion of the principal or person in

charge of the school. At least four (4) drills or rapid dismissals shall be obstructed, which means

that one or more exits and stairways in the school building are blocked off or not used, and at

least two (2) of these obstructed drills shall be held during the months of September and October.

     (e) (b) Neglect by any principal or any person in charge of any public or private school or

educational institution to comply with the provisions of this section shall be a misdemeanor

punishable by a fine not exceeding fifty dollars ($50.00). Written reports, on forms supplied by

the department of elementary and secondary education, of each fire drill shall be completed

immediately upon termination of every drill and shall be available for review by the fire marshal,

assistant deputy fire marshal, or local fire authority. The fire marshal, assistant deputy fire

marshal, or local fire authority may require that a fire drill be conducted in his or her presence.

23-28.12-36. Fire alarm systems - Fire drills - Penalties. -- (a) A fire alarm system

shall be installed in every school building.

(b) The operation of any manual fire alarm sending station or automatic fire detecting

unit shall cause the simultaneous operation of all alarm sounding devices continually, until the

tripped station is restored to normal operation, or the simultaneous operation of all alarm

sounding devices for a complete cycle of not less than thirty (30) seconds has taken place.

(c) Alarm sending stations shall be located in each corridor of each story, so that from

any corridor door not more than one hundred feet (100') will have to be traversed in order to

reach a sending station.

(d) All manual sending stations shall be located not more than five feet (5') above the

floor, and at ready, accessible, and visible points, which shall not be obstructed. All alarm

sending stations shall be clearly marked "Fire alarm" and shall be painted a distinctive red color.

(e) Automatic fire detectors shall be installed in boiler rooms, kitchens, and other

hazardous areas where it is deemed necessary. Automatic fire detectors will not be required in

buildings completely protected by an automatic sprinkler system or in one-story buildings having

an occupancy of not more than seventy-five (75) pupils.

(f) Connections of school fire alarm systems to municipal alarm systems, central

stations, or direct connected supervised systems shall be located on the outside of the building. If

located in the building, the alarm sending station shall be designed to sound the school alarm

system when actuated.

(g) Direct connection shall automatically signal an alarm when activated to the local

established fire department, public or volunteer.

     (h) (a)(1) It shall be the duty of the principal or other person in charge of every public

school or private school or educational institution within the state, having more than twenty-five

(25) pupils, to instruct and train the pupils by means of drills, so that they may in a sudden

emergency be able to leave the school building in the shortest possible time and without

confusion or panic. There shall be fifteen (15) such drills or rapid dismissals during the school

year, at least eight (8) of which shall be held during the months of September, October, and

November. The remaining seven (7) such drills or rapid dismissals shall be held at the discretion

of the principal or person in charge of the school. At least four (4) drills or rapid dismissals shall

be obstructed, which means that one or more exits and stairways in the school building are

blocked off or not used and at least two (2) of these obstructed drills shall be held during the

months of September and October.

     (2) Neglect by any principal or any person in charge of any public or private school or

education institution to comply with the provisions of this section shall be a misdemeanor

punishable by a fine of not exceeding fifty dollars ($50.00).

     (3) Written reports, on forms supplied by the department of elementary and secondary

education, of each fire drill shall be completed immediately upon termination of every drill and

shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire

authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a

fire drill be conducted in his or her presence.

(i) New fire alarm systems shall comply with § 23-28.12-15.

     SECTION 14. Sections 23-28.13-1 -- 23-28.13-26 of the General Laws in Chapter 23-

28.13 entitled “Boarding Homes” are hereby repealed.

23-28.13-1. Applicability - "Boarding homes" defined. -- (a) The regulations contained

in this chapter shall apply to all boarding homes as defined in this section, except such places as

are expressly exempt in accordance with the provisions of this code.

(b) The term "boarding home" shall mean a building used in whole or in part as a place

for the boarding and care of five (5) or more persons, excluding the following: a family group of

a dwelling or home, family day care homes, licensed boarding homes for children, hospitals,

intermediate care facilities, and skilled nursing homes.

23-28.13-2. New constructions and additions. -- Every boarding home constructed and

every addition made to an existing boarding home and any building converted for use in whole or

in part for a boarding home, shall be completely protected by an approved system of automatic

sprinklers installed and maintained in accordance with N.F.P.A. Standard 13, 1989 edition and its

related standards.

23-28.13-3. Use of existing boarding homes of combustible construction. -- In

combustible buildings presently used as boarding homes where any story above the first is being

used, the entire building shall be completely protected by a system of automatic sprinklers

installed and maintained in accordance with N.F.P.A. Standard 13, 1989 edition and its related

standards. No building may be used as a boarding home if it is more than three (3) stories in

height above the basement and of combustible construction. An unoccupied area immediately

below the roof shall not be considered as a story in the application of this section.

23-28.13-4. Other occupancies. -- Boarding home buildings shall not contain an

occupancy which is not within the immediate control of the boarding home management, and/or

which is not incident to the administrative convenience or necessity, or pertinent to public health.

23-28.13-5. Roofs. -- Roofs of boarding homes shall be covered with roofing which is

not readily flammable.

23-28.13-6. Maximum possible occupancy. -- The number of boarders housed in each

room shall not exceed the rate of one person for each seventy-five square feet (75 sq. ft.) therein.

The total boarder occupancy for each story as determined in this manner shall be termed as the

maximum possible occupancy.

23-28.13-7. Egress facilities required. -- Each story of every building used as a

boarding home shall have at least two (2) approved means of egress from each story. Each

boarder-occupied room shall have at least one doorway opening directly to the outside or to a

corridor leading directly to, or by stairway, to the outside. Exits shall be located remote from each

other, providing the best practicable means of egress for all occupants in the event fire renders

one exit impassable.

23-28.13-8. Egress passageways. -- (a) Corridors and passageways from boarder-

occupied rooms leading to egress stairways and then to the outside shall not be less than seventy-

two inches (72") in width in new buildings or additions to existing buildings and not less than

forty-eight inches (48") in existing buildings.

(b) Corridors and passageways considered as approved means of egress shall be at least

eighty-four inches (84") in height in existing buildings and ninety-six inches (96") in height in

new buildings.

(c) Access to all interior and outside stairways, to fire escapes and other exits considered

as approved means of egress, shall be unobstructed and shall not be through a bathroom or a room

used for any other purpose that may obstruct free passage, nor shall access be veiled from open

view by ornamentation, curtains, or other appurtenances.

23-28.13-9. Transoms. Transoms and other similar openings in corridors and

passageways shall not be allowed in new construction. Existing transoms and like openings in

corridors and passageways shall be permanently sealed and made fire-resistant equal to the

related door or sidewall construction.

23-28.13-10. Vertical openings. -- (a) In all existing buildings, interior stairways

constituting approved egress passageways shall be enclosed or segregated from other portions of

the buildings by materials with a fire-resistant rating of not less than sixty (60) minutes. All other

vertical openings throughout the buildings shall be enclosed by materials with a fire resistant

rating of not less than sixty (60) minutes.

(b) In all new buildings, all vertical openings and stairways shall be enclosed with

material with a fire resistant rating of not less than two (2) hours.

23-28.13-11. Stairways. -- (a) Stairways in approved egress passages in existing

buildings shall be not less than thirty-six inches (36") in width, and in new buildings and

additions to existing buildings the stairways shall be not less than forty-four inches (44") in width

exclusive of handrails.

(b) All stairways in egress passages shall have suitable handrails on both sides.

(c) Existing stairways in required egress passages shall be provided with landings at least

thirty-six inches (36") in depth between the nosing of the top or bottom riser and the door

openings. New stairways shall have landings at least forty-four inches (44") in depth.

Intermediate landings shall be not less than the width of the stairway.

(d) Stair treads in inside required egress stairways in existing buildings shall be not less

than eight inches (8") in width, exclusive of nosing, and risers shall not exceed eight and one-half

inches (8 1/2") in height. In new buildings such stair treads shall be not less than ten inches (10")

wide, exclusive of nosing, and risers shall not exceed seven and one-half inches (7 1/2") in height.

Treads and risers shall be of uniform width and height in each individual stairway run.

(e) No arrangement of treads known as "winders" shall be allowed in approved egress

stairways.

(f) Ramps may be substituted for stairs in new and existing buildings, and the grade shall

not exceed one foot (1' ) in ten feet (10' ) of run.

23-28.13-12. Doors and doorways. -- (a) All doorways which are an approved means

of egress shall be at floor level in new structures, and as near thereto as practicable in existing

structures.

(b) All egress doors to the outside or into stairways or passages leading to the outside

shall open out in the direction of egress travel, but this regulation shall not be construed as

requiring doors from boarder-occupied rooms to open into corridors. There shall be no

obstruction at any time to the opening or closing of egress doors.

(c) All egress doors in existing buildings shall be at least thirty-six inches (36") in width.

Egress doors in new buildings serving stairways forty-four inches (44") in width or over shall be

not less than thirty-six inches (36") in width.

(d) Egress doors into stairway enclosures and all doors serving stairways and other

vertical openings shall be equipped with self-closing devices designed, installed, and maintained

to automatically close the doors when not in use. All interior egress doors providing access to

stairway enclosures shall be not less than one hour B label. In new buildings, the doors shall be B

label one and one-half (1 1/2) hours. Doors from occupied rooms with access to corridors shall be

of solid core construction not less than one and three-fourths inches (1 3/4") thick or equal.

Wired glass one fourth (1/4) of an inch thick in the single pane, or smaller panes totaling not over

six square feet (6 sq. ft.) may be used in the doors.

(e) All egress doors shall be equipped with hardware which will insure opening of the

doors by a single latch with normal strength, or equipped with panic hardware which will release

when pressure is applied to the releasing device in the direction of exit travel.

(f) No door shall be equipped with a lock, latch, bolt, or other fastening device which

will allow for locking the door against opening from within or which will require a second

operation or motion to open the door for egress purposes. No door to a boarder-occupied room

shall be equipped with a locking device.

(g) No sliding door, vertical lift door, revolving door, or folding partition shall be used as

a closure for a required means of egress.

23-28.13-13. Fire-stopping. -- (a) In existing buildings, exterior walls of frame

construction and interior stud partitions shall be completely fire-stopped by a timber of not less

than two inches (2") in thickness or other suitable noncombustible material, completely closing

any possible vertical openings, open joist channels, and stud spaces, at the ceiling of the

basement.

(b) Exterior walls of new or changed frame construction and interior stud partitions shall

be fire-stopped at each floor level by two inch (2") thick plate or masonry filling, completely

closing any possible vertical opening from one story to another.

23-28.13-14. Closets and storerooms. -- All closets or compartments which are used for

the storage of cleaning or polishing compounds or implements shall be fire resistant for at least

sixty (60) minutes from within the closet or compartment including the door thereof, which door

shall be equipped with a self-closing device, or shall be equipped with proper and adequate

automatic fire extinguishing equipment or automatic fire detectors.

23-28.13-15. Incinerators - Passageways to outside. -- (a) Incinerators within

buildings shall be loaded and fired from a vestibule or compartment segregated from the rest of

the building by noncombustible construction having a fire-resistant rating of not less than two (2)

hours, and having a Class B fire door equipped with a suitable closing device. Ventilating

openings shall be provided direct to the outside from the enclosures by a fixed or mechanical

device.

(b) In all buildings, at least one passageway from each story shall lead directly to the

outdoors, or through an enclosed stairway or enclosed passageway or combination of stairway

and passageway, shall lead to the outside. Where necessary, one stairway or passageway may be

allowed to lead into an open space or lobby which has ample egress openings to the outside.

23-28.13-16. Exit signs. -- (a) (1) All boarding homes shall be provided with exit signs

in accordance with chapter 28.23 of this title.

(2) Group type A or B as specified in § 23-28.23-2 shall be required.

(b) (1) EXCEPTION: Boarding homes housing ten (10) or more boarders shall be

provided with exit signs in accordance with chapter 28.23 of this title.

(2) Group type C as specified in § 23-28.23-2 shall be required.

23-28.13-17. Illumination of exit passages. -- Adequate lighting shall be provided at all

times for the lighting of corridors, stairways, passageways, ramps, and fire escapes.

23-28.13-18. Emergency lighting. -- All boarding homes housing ten (10) or more

boarders shall be provided with emergency lighting in accordance with chapter 28.24 of this title.

23-28.13-19. Fire alarms. -- (a) A fire alarm system as prescribed in § 23-28.25-4(b)

shall be installed in every boarding house.

(b) EXCEPTION: Buildings with accommodations for fewer than ten (10) persons shall

have a fire alarm system as prescribed in § 23-28.25-4(a).

(c) IN ADDITION: A local single station AC smoke detector shall be installed in each

sleeping room with either system.

23-28.13-20. Decorative and acoustical materials. -- (a) All combustible decorative

and acoustical material, including curtains located in corridors, passageways, stairways, lobbies,

and other rooms or spaces for general boarder or public use shall be rendered and maintained

flame-resistant.

(b) (1) All approvals of decorative materials shall be limited to one year. The owner or

the owner's authorized agent shall file an affidavit with the enforcing officer certifying to the

following:

(i) The product used will render the decorative material flame resistant in accordance

with N.F.P.A. Standard 701, 1989 edition.

(ii) That the product used was applied in accordance with the manufacturer's

specifications.

(iii) State the date of treatment and warranty period.

(2) When a doubt exists as to the fire retardant quality or the permanency of treatment,

material shall be subject to the field check test as provided in subsection (b)(3).

(3) (i) Samples, in dry condition, are to be selected for tests and are to be a minimum of

one and one-half inches (11/2") wide and four inches (4") long. The fire exposure shall be the

flame from a common wood kitchen match (approximate length two and seven-sixteenths inches

(27/16"); approximate weight twenty-nine (29) grams per hundred), applied for twelve (12)

seconds.

(ii) The test shall be performed in a draft-free and safe location. The sample shall be

suspended (preferably held with a spring clip, tongs or some similar device) with the long axis

vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half

inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to

be removed gently away from the sample.

(iii) During the exposure, flaming shall not spread over the complete length of the

sample, or in excess of four inches (4") from the bottom of the sample (for larger size samples).

There shall be not more than two (2) seconds of afterflaming. Materials which break and drip

flaming particles shall be rejected if the materials continue to burn after they reach the floor.

(c) (1) In all new boarding homes, interior finish shall be as regulated or modified by the

provisions of the description of interior finish in § 23-28.1-5 and shall not exceed the following

classifications for the locations indicated:

(2) All changes of interior finishes in existing boarding homes shall also conform to the

regulations listed below:

(i) In all vertical means of egress and connecting passages to the outside "Class A."

(ii) In all access corridors "Class B."

(iii) In all other rooms or spaces "Class C."

(d) Floor coverings must conform to the requirements of the next class lower than the

classifications above, but in no instance should they be less than "Class C," except that in

sprinklered buildings all floor coverings may be "Class C" throughout.

23-28.13-21. Hazardous occupancies. -- No motor vehicle or other device which may

originate or communicate fire shall be stored within boarding homes.

23-28.13-22. Fire extinguishers. -- All boarding homes shall be provided with proper

type fire extinguishing equipment adequate for the conditions involved and suitably located. As to

type, location, and maintenance, all fire extinguishers shall be in accordance with N.F.P.A.

Standard 10, 1988 edition.

23-28.13-23. Space heaters. -- Space heaters shall not be used.

23-28.13-24. Heating equipment. -- (a) Central heating plants, steam boilers, and oil-

fired water heaters shall be segregated from all other occupancies by walls, ceilings, and floors

having a fire-resistant rating of not less than sixty (60) minutes in existing buildings, and which

shall provide a reasonably smoke-tight enclosure. In new construction, the enclosure shall be of

noncombustible construction having a fire-resistant rating of not less than two (2) hours.

(b) The enclosures for heating equipment shall be provided with adequate vents direct to

the outside sufficient for proper combustion and exhaust. The opening shall be maintained in an

open position with fixed or mechanical louvers of an approved type.

(c) Heater rooms shall only contain equipment for heating, water supply, and

switchboard, and shall not be used for any other purpose.

(d) Interior doors to heater rooms in existing buildings shall be of not less than sixty (60)

minutes Class B one hour fire resistant construction and shall be equipped with a positive self-

closing device. In new construction, the heater room doors shall be Class B one and one-half

(11/2) hour type doors swinging into the heater room and equipped with a positive self-closing

device. The doors shall have no hold-open device and shall be kept closed at all times.

(e) The furnaces, boilers, and other fired units shall be vented by means of reasonably

gas-tight smoke pipes or breechings connected properly to a chimney constructed of brick, solid

block masonry, or reinforced concrete with suitable flue lining properly erected and maintained in

a safe condition.

23-28.13-25. Housekeeping. -- All boarding home premises and other occupancies

within buildings containing boarding homes shall be kept clean and in a tidy condition and free

from the accumulation of combustible debris or other waste material.

23-28.13-26. Attendants required. -- (a) There shall be at least one attendant in

residence at all times in each boarding home housing twenty-five (25) or less boarders. There

shall be one additional attendant in residence at all times for more than twenty-five (25) and not

more than fifty (50), and one additional attendant for each twenty-five (25) or part in excess

thereof.

(b) Attendants as required in this section shall be at least eighteen (18) years of age and

capable of performing the duties of evacuation. No person other than the management or a person

under management control shall be considered as an attendant.

(c) In noncombustible buildings or combustible buildings completely protected by a

system of automatic sprinklers, there shall be one attendant in residence at all times for each

thirty-five (35) boarders or numerical fraction thereof.

(d) Nothing in this section shall be construed as waiving any requirement of the state

department of health as to boarder care personnel.

     SECTION 15. Sections 23-28.13-27, 23-28.13-28 and 23-28.13-34 are hereby amended

to read as follows:

23-28.13-27. Boarding homes for children - Egress facilities required. -- (a) Each

story of every home used for the boarding of children shall have at least two (2) means of egress.

Exits shall be located remotely from each other providing the best practicable means of egress for

all occupants in the event fire renders one exit impassable.

     (b) Homes not over two (2) stories in height which do not have the required two (2)

means of egress from each story will require the installation of fire escapes. Windows will be

approved as a means of egress, provided they can be opened to give a clear unobstructed width of

not less than two feet six inches (2'6") and a height of not less than three feet (3'). Platforms with

a ladder extending to within six feet (6') of the ground will be permitted. In lieu of a second

means of egress, a smoke detector of a type approved by the fire marshal's office shall be

properly installed and maintained in accordance with N.F.P.A. Standard 74, 1989 edition

specifications. Homes above two (2) stories in height shall conform with chapter 28.8 of this title

the regulations established by the Fire Safety Code Board of Appeal & Review.

     (c) Access to fire escapes and outside stairways shall be unobstructed and shall provide

safe, adequate, and convenient means of exit.

23-28.13-28. Boarding homes for children - Basements - Heating units. -- (a) The

use of basements as defined in § 23-28.1-5 shall not be allowed for sleeping quarters.

     (b) Levels below ground, not considered as a basement as defined in this code, and levels

on grade with sleeping quarters with a central heating unit contained therein shall be segregated

by partitions and doors having a one hour fire resistant rating. Enclosures shall be provided with

an air vent to the outside sufficient for proper combustion and exhaust.

23-28.13-34. Installation of smoke detectors in foster care units and in group care

units. -- (a) All group care residential units in which a child is placed by the department of

children, youth, and families or by any private agency, society, or institution licensed to place

children shall be equipped with a hard wire smoke detector system in accordance with the

provisions of §§ 23-28.34-1 - 23-28.34-5 regulations established by the Fire Safety Code Board

of Appeal & Review. . All of the residential units in which children are placed shall be equipped

with a hard wire smoke detector system listed and/or approved by underwriters factory mutual or

some other nationally recognized testing laboratory approved by the state fire marshal, except any

camp or tourist camp as defined in § 44-18-7(e). Each battery pack or hard wire smoke detector

system shall be inspected by the department of children, youth, and families at least once each

year. Installation of hard wire smoke detectors shall be completed on or before January 1, 1995,

for those group care residential units not currently in compliance with this section.

     (b) All foster care units in which a foster child is placed by the department of children,

youth, and families or any private agency, society or institution licensed to place children shall be

equipped with either a battery pack or hard wire smoke detector system. All other provisions of

this section shall otherwise apply to foster homes.

     (c) In addition to the locations specified under § 23-28.35-2 in the regulations established

by the Fire Safety Code Board of Appeal & Review, approved smoke detectors required by this

section shall be located in all common hallways. Any violation of this section shall be punishable

by a fine of not more than one hundred dollars ($100) for each offense.

     SECTION 16. Chapter 23-28.14 of the General Laws entitled “Rooming Houses” is

hereby repealed in its entirety.

CHAPTER 23-28.14

Rooming Houses

23-28.14-1. Applicability. -- The regulations contained in this chapter shall apply to all

rooming houses as defined in § 23-28.1-5.

23-28.14-2. Egress facilities required. -- (a) Each story of every building used as a

rooming house shall have at least two (2) means of egress. Exits shall be located remote from

each other, providing the best practicable means of egress for all occupants in the event fire

renders one exit impassable.

(b) Each occupied room shall have at least one door opening directly to the outside or to

a corridor or stairway leading directly to the outside.

23-28.14-3. Egress passageways. -- (a) Corridors and passageways leading to stairways

and then to the outside shall be not less than thirty-two inches (32") in width in existing buildings

and in all new buildings hereinafter constructed not less than forty-four inches (44") in width.

(b) Corridors and passageways considered as approved means of egress shall be at least

eighty-four inches (84") in height.

(c) Except in existing rooming houses, access to all interior and outside stairways, fire

escapes, and other exits considered as approved means of egress shall be through a door from

floor level, and shall be unobstructed and shall not be through a bathroom or a room used for any

other purpose.

(d) In existing rooming houses, access to fire escapes and outside stairways shall be

unobstructed and shall provide safe, adequate, and convenient means of exit.

23-28.14-4. Stairways. -- (a) Stairways in approved egress passageways shall be not

less than thirty-two inches (32") in width in existing buildings and in all new buildings hereinafter

constructed not less than forty-four inches (44") in width, exclusive of handrail.

(b) All stairways in egress passages thirty-two inches (32") in width shall have a suitable

handrail on one side. Stairways greater than thirty-six inches (36") in width shall have a suitable

handrail on both sides.

(c) Stair treads in approved inside egress stairways shall be not less than eight inches

(8") in width, exclusive of nosing, and risers shall not exceed eight and one half inches (81/2") in

height. In new buildings, the stair treads shall be not less than the nine inches (9") in width,

exclusive of nosing, and risers shall not exceed eight inches (8") in height. Treads and risers shall

be all uniform width and height in each individual stairway run in new construction.

(d) In new construction, all vertical openings including stairways shall be enclosed with

materials of a fire-resistive rating of not less than sixty (60) minutes.

23-28.14-5. Doors and windows. -- (a) Doorways, which are of themselves or are a part

of a means of egress in new buildings and buildings hereafter converted to a rooming house, shall

be at floor level and shall be not less than thirty-six inches (36") in width and not less than six

feet six inches (6'6") in height. In existing buildings, doors shall be not less than two feet eight

inches (2'8") in width and not less than six feet six inches (6'6") in height.

(b) Windows shall not be considered as a means of egress in new buildings or buildings

hereafter converted to rooming houses. In existing rooming houses, windows will be approved as

a means of egress provided they can be opened to give a clear unobstructed width of not less than

two feet six inches (2'6") and a height of not less than three feet (3').

(c) Egress doors to the outside shall be equipped with hardware which will insure the

opening of the door from within at all times.

(d) In newly constructed buildings, all egress doors shall be so hung as to open in the

direction of exit travel.

23-28.14-6. Fire-stopping. -- (a) Exterior walls of new or changed frame construction

and interior stud partitions shall be fire-stopped at each floor level by a 2-inch thick plate or

masonry filling, completely closing any possible vertical opening from one story to another.

(b) In existing buildings, exterior walls of frame construction and interior stud partitions

shall be completely fire-stopped by a timber of not less than two inches (2") in thickness or other

suitable noncombustible material completely closing any possible vertical openings, open joist

channels, and stud spaces, at the ceiling of the basement.

23-28.14-7. Exit signs. -- All rooming houses shall be provided with exit signs in

accordance with chapter 28.23 of this title. Group type A or B as specified in § 23-28.23-2 shall

be required.

23-28.14-8. Illumination of exit passages. -- Adequate lighting shall be provided for the

lighting of corridors, stairways, egress passages, fire escapes, and other means of egress leading

directly to the outside at all times.

23-28.14-9. Fire extinguishers. -- All rooming houses shall be provided with proper type

fire extinguishing equipment adequate for the area involved, and suitably located. All fire

extinguishers are to be installed and maintained in accordance with N.F.P.A. Standard 10, 1988

edition.

23-28.14-10. Housekeeping. -- (a) All rooming house premises and other occupancies

within buildings containing rooming houses shall be kept clean and in a tidy condition, and free

from accumulation of combustible debris or other waste material.

(b) All corridors, passageways, stairways, and fire escapes shall be kept free and clear of

all storage at all times.

23-28.14-11. Decorative and acoustical materials. -- (a) (1) All combustible

decorative and acoustical materials, and curtains located in corridors, passageways, stairways and

lobbies, shall be rendered and maintained flame resistant. This regulation shall not be construed

to prohibit the use of wall or ceiling coverings affixed directly to the wall or ceiling, provided the

surface will not be readily flammable and will not carry or communicate fire.

(2) All approvals of decorative materials shall be limited to one year. The owner or the

owner's authorized agent shall file an affidavit with the enforcing office certifying to the

following:

(i) The product used will render the decorative material flame resistant in accordance

with N.F.P.A. Standard 701, 1989 edition.

(ii) That the product used was applied in accordance with the manufacturer's

specifications.

(iii) State the date of treatment and warranty period.

(3) When a doubt exists as to the fire retardant quality or the permanency of treatment,

material shall be subject to the field check test as provided in subsection (a)(4).

(4) (i) Samples, in dry condition, are to be selected for tests and are to be a minimum of

one and one-half inches (1 1/2") wide and four inches (4") long. The fire exposure shall be the

flame from a common wood kitchen match (approximate length two and seven-sixteenths inches

(2 7/16"); approximate weight twenty-nine (29) grams per hundred), applied for twelve (12)

seconds.

(ii) The test shall be performed in a draft-free and safe location. The sample shall be

suspended (preferably held with a spring clip, tongs or some similar device) with the long axis

vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half

inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to

be removed gently away from the sample.

(iii) During the exposure, flaming shall not spread over the complete length of the sample

or in excess of four inches (4") from the bottom of the sample (for larger size samples). There

shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming

particles shall be rejected if the materials continue to burn after they reach the floor.

(b) (1) In all new rooming houses, interior finish shall be as regulated or modified by the

provisions of the description of interior finish in § 23-28.1-5, and shall not exceed the following

classifications for the locations indicated.

(2) All changes of interior finishes in existing rooming houses shall also conform to the

regulations listed below:

(i) In all vertical means of egress and connecting passages to the outside "Class A."

(ii) In all access corridors "Class B."

(iii) In all other rooms or spaces "Class C."

(c) Floor coverings must conform to the requirements of the next class lower than the

classifications above, but in no instance should they be less than "Class C," except that in

sprinklered buildings all floor coverings may be "Class C" throughout.

23-28.14-12. Fire alarm. -- (a) A fire alarm system as prescribed in chapter 23-28.34

shall be installed in every rooming house.

(b) IN ADDITION: A local single station AC smoke detector shall be installed in every

sleeping room.

23-28.14-13. Sprinklers required. -- Every rooming house hereafter constructed and

every addition hereafter made to an existing rooming house and any building hereafter converted

for use in whole or in part for a rooming house, shall be completely protected by an approved

system of automatic sprinklers installed and maintained in accordance with N.F.P.A. Standard 13,

1989 edition and its related standards.

     SECTION 17. Sections 23-28.15-1 – 23-28.15-20 of the General Laws in Chapter 23-

28.15 entitled “Child Day Care Centers” are hereby repealed.

CHAPTER 23-28.15

Child Day Care Centers

23-28.15-1. Applicability. -- The regulations contained in this chapter shall apply to all

buildings in which are located child day care centers as defined in § 23-28.1-5, except when such

child day care centers are located in occupancies defined as "boarding home" and "schools".

23-28.15-1.1. Group family day care homes. -- "Group family day care homes" as

defined in § 23-28.15-1.2 shall be governed by N.F.P.A. Standard No. 101, 1988 edition, § 10-8

and its related standards, chapters and sections.

23-28.15-1.2. Group family day care defined. -- "Group family day care home" means

a residence occupied by an individual of at least twenty-one (21) years of age who provides care

for not less than nine (9) and not more than twelve (12) children, with the assistance of one or

more approved adults, for any part of a twenty-four (24) hour day. The maximum of twelve (12)

children shall include children under six (6) years of age who are living in the home, school-age

children under the age of twelve (12) years whether they are living in the home or are received for

care, and children related to the provider who are received for care.

23-28.15-1.3. Enforcement of fire safety regulations. -- The authority having

jurisdiction for the enforcement of fire safety regulations in group family day care homes shall be

the state fire marshal, deputy state fire marshal and assistant deputy state fire marshal.

23-28.15-2. Heating equipment. -- (a) Central heating plants, steam boilers, and oil-

fired water heaters shall be segregated from all other occupancies by walls, ceiling, and floor

having a fire-resistant rating of not less than sixty (60) minutes, which shall provide a reasonably

smoke-tight enclosure. In new buildings, the enclosure shall be of not less than two (2) hour fire-

resistant construction.

(b) The enclosure for heating equipment shall be provided with adequate vents direct to

the outside sufficient for proper combustion and exhaust. The openings shall be maintained in an

open position with fixed or mechanical louvers of an approved type.

(c) Heater rooms shall contain only equipment for heating, water, and/or switchboard,

and shall not be used for any other purpose.

(d) Interior doors to heater rooms shall open inward and shall be of the same fire

resistancy required for segregating partitions, and shall be equipped with a positive self-closing

device. The doors shall have no hold-open devices, and shall be kept closed at all times.

(e) Furnaces, boilers, and other fired units shall be vented to a chimney by means of a

gas-tight smokepipe. In new construction, chimneys shall be constructed of brick, solid masonry,

reinforced concrete, steel, or stone, with suitable flue lining erected and maintained in a safe

condition.

(f) Oil burners. See § 23-28.9-4.

23-28.15-3. Incinerators. -- Incinerators within buildings shall be loaded and fired from

a vestibule or compartment segregated from the rest of the building by noncombustible

construction having a fire-resistant rating of not less than two (2) hours, having a Class B one and

one-half (11/2) hour fire door equipped with a positive self-closing device, and with no hold-open

device. Ventilating openings shall be provided direct to the outside by fixed or mechanical

louvers of an approved type from the enclosures.

23-28.15-4. Space heaters. -- Space heaters shall not be used.

23-28.15-5. Hazardous occupancy. -- No child day care center shall be located in a

building containing any manufacturing or commercial occupancy which contains materials and/or

equipment which is hazardous.

23-28.15-6. Use of combustible buildings. -- (a) In combustible buildings presently

used as child day care centers, only the first and second stories may be used as such. In

combustible buildings hereafter constructed for or converted to child day care centers, only the

first story may be so used except that in buildings completely protected by a system of automatic

sprinklers installed and maintained in accordance with N.F.P.A. Standard 13, 1989 edition and its

related standards, the second story may be used.

(b) No child day care center shall be located in any basement which contains equipment

and/or materials which, in the opinion of the authority having jurisdiction, constitutes a hazard to

life and safety.

23-28.15-7. Egress facilities required (a) In buildings used as child day care centers,

there shall be at least two (2) approved means of egress from each occupied level. Each room

used for child day care center activity shall have at least one doorway opening directly to the

outside or to a corridor or space having access to two (2) means of egress directly to the outside.

Exits shall be located remote from each other, providing the best practical means of egress for all

occupants in the event fire renders one exit impassable.

(b) In all buildings, at least one passageway from each occupied level shall lead directly

to the outdoors or through an enclosed stairway or enclosed passageway or a combination of the

stairway and passageway to the outside. Where necessary, one stairway or passageway may be

allowed to lead through an open space or lobby which has ample egress opening to the outside.

(c) Exits from each floor shall be so arranged that it will not be necessary to travel more

than one hundred feet (100') from any one point in a building to reach the nearest approved means

of egress from that story. In sprinklered buildings, travel may be increased to one hundred and

fifty feet (150').

23-28.15-8. Egress passageways. -- (a) Corridors and passageways from occupied

rooms leading to egress stairways and then to the outside shall be not less than thirty inches (30")

in width in existing buildings and not less than forty-four inches (44") in width in newly

constructed buildings.

(b) Access to all interior and outside stairways to fire escapes and other exits considered

as approved means of egress shall be unobstructed, and shall not be through a bathroom or a room

used for any other purpose that may obstruct free passage, nor shall access be veiled from open

view by ornamentation, curtains, or other appurtenances.

23-28.15-9. Vertical openings. -- (a) In all buildings, interior stairways constituting

approved egress passageways shall be enclosed and segregated from other portions of the

building by material with a fire resistant rating of not less than sixty (60) minutes. All other

vertical openings shall be enclosed by materials with a fire resistant rating of not less than sixty

(60) minutes.

(b) (1) Elevators will not be considered as approved means of egress, and all new

elevator shafts shall be enclosed by noncombustible materials with a fire resistant rating of not

less than two (2) hours, existing elevators shall be enclosed by noncombustible materials with a

fire resistant rating of not less than sixty (60) minutes. No opening shall be allowed through the

side wall enclosures for ventilating or other purposes, except to an outside wall. All doors

servicing elevators shall be Class B label one and one-half (1 1/2) hour in new elevators, and in

existing elevators, Class B label one hour, and the doorways shall be made smoke-tight when the

doors are closed.

(2) Elevators and elevator shafts shall otherwise be designed, constructed, maintained,

and ventilated in accordance with regulations promulgated by the department of labor and

training.

23-28.15-10. Stairways. -- (a) Stairways in approved egress passages in existing

buildings shall be not less than thirty-six inches (36") in width, and in newly constructed

buildings not less than forty-four inches (44") in width.

(b) In existing buildings, all stairways in approved egress passages shall have stair treads

of not less than eight inches (8") in width, exclusive of nosing, and risers shall not exceed eight

and one-half inches (8 1/2") in height. In newly constructed buildings, all stairways in approved

egress passages shall have stair treads of not less than eleven inches (11" ) in depth, and risers

shall not exceed seven inches (7" ) in height.

(c) In existing buildings, all stairways in approved egress passages shall be provided

with landings at least thirty-six inches (36") in depth between the nosing of the top or bottom riser

and the door opening. In newly constructed buildings, all stairways in approved egress passages

shall be provided with landings at least forty-four inches (44") in depth between the nosing of the

top or bottom riser and the door opening.

(d) No arrangement of treads known as "winders" shall be allowed in approved egress

stairways.

(e) All egress stairways shall have suitable handrails on both sides. On stairs that will be

used extensively by children five (5) years of age or younger, additional handrails shall be

attached at a height between two feet (2' ) and two feet six inches (2'6") vertically above the

intersection of the treads and risers at the nosing.

(f) There shall be no closets or other storage areas of any kind within or beneath stair

enclosures.

23-28.15-11. Doors and doorways. -- (a) All doorways which are approved means of

egress shall be at floor level.

(b) All egress doors to the outside or into stairways or passageways leading to the

outside shall open out in the direction of egress travel, but this regulation shall not be construed as

requiring doors from children-occupied rooms to open into the corridors. There shall be no

obstruction at any time to the opening or closing of egress doors.

(c) All egress doors shall be at least thirty-two inches (32") in width in existing buildings

and not less than thirty-six inches (36") in width in newly constructed buildings.

(d) Egress doors into stair enclosures, and all doors serving stairways or other vertical

openings shall be equipped with self-closing devices designed, installed, and maintained to

automatically close the doors when not in use. All interior egress doors providing access to

stairway enclosures shall be Class B label one hour fire-resistant.

(e) All egress doors shall be equipped with hardware which will insure opening of the

doors by a single motion such as the turning of a knob or pressure of a latch, or shall be equipped

with panic hardware which will release when pressure is applied to the releasing device in the

direction of exit travel.

(f) No egress door from a child-occupied room to stairway enclosures or to the outside

shall be equipped with a lock, latch, bolt, or other fastening device which will allow for locking

the door against opening from within, or which will require a second operation or motion to open

the door for egress purposes.

(g) No sliding door, vertical lift door, revolving door, or folding partition or gate shall be

used as a closure for a required means of egress.

23-28.15-12. Exit signs. -- All child day care centers with ten (10) or more children shall

be provided with exit signs in accordance with chapter 28.23 of this title. Group type C specified

in § 23-28.23-2 shall be required. Excepted from the requirement of exit signs are structures

occupied in daylight hours with skylights or windows arranged to provide, during these hours, the

required level of illumination on all portions of the means of egress.

23-28.15-13. Fire alarms. -- (a) A full coverage fire alarm system as prescribed in § 23-

28.25-4(b) shall be installed in all child day care centers.

(b) EXCEPTION: A fire alarm system as prescribed in § 23-28.25-4(a) shall be installed

in all child day care centers used for the gathering of nineteen (19) or less children and under

three thousand square feet (3,000 sq. ft.) located on a ground floor or first floor.

23-28.15-14. Fire-stopping. -- (a) In existing buildings, exterior walls of frame

construction and interior stud partitions shall be completely fire-stopped by a timber of not less

than two inches (2") in thickness or other suitable noncombustible material completely closing

any possible vertical openings, open joist channels, and stud spaces, at the ceiling of the

basement.

(b) In exterior walls of new or changed frame construction and interior stud partitions,

they shall be fire-stopped at each floor level by a two inch (2") thick plate or masonry filling,

completely closing any possible vertical opening from one story to another.

23-28.15-15. Fire extinguishers. -- All child day care centers shall be provided with

proper type fire extinguishing equipment adequate for the conditions involved and suitably

located. All fire extinguishing equipment shall be installed and maintained by N.F.P.A. Standard

10, 1988 edition.

23-28.15-16. Housekeeping. -- (a) All child day care center buildings shall be kept

clean and in tidy condition free from the accumulation of combustible debris and other waste

material.

(b) All corridors, passageways, stairways, and fire escapes shall be kept free and clear of

all storage and/or obstructions at all times.

23-28.15-17. Evacuation plan. -- The management of each child day care center shall

formulate a plan for the protection of all children in the event of fire or other emergency and their

evacuation to areas of refuge outside of the building when necessary. All employees shall be

instructed and kept informed respecting their duties under the plan. The evacuation plan shall be

posted in a conspicuous place.

23-28.15-18. Decorative and acoustical materials. -- (a) (1) All combustible

decorative and acoustical materials, and curtains located in corridors, passageways, stairways,

and lobbies, shall be rendered and maintained flame resistant. This regulation shall not be

construed to prohibit the use of wall or ceiling coverings affixed directly to the wall or ceiling,

provided the surface will not be readily flammable and will not carry or communicate fire.

(2) All approvals of decorative materials shall be limited to one year. The owner or the

owner's authorized agent shall file an affidavit with the enforcing officer certifying to the

following:

(i) The product used will render the decorative material flame resistant in accordance

with N.F.P.A. Standard 701, 1989 edition.

(ii) That the product used was applied in accordance with the manufacturer's

specifications.

(iii) State the date of treatment and warranty period.

(3) When a doubt exists as to the fire retardant quality or the permanency of treatment,

material shall be subject to the field test as provided in subsection (a)(4).

(4) (i) Samples, in dry condition, are to be selected for tests and are to be a minimum of

one and one-half inches (1 1/2") wide and four inches (4") long. The fire exposure shall be the

flame from a common wood kitchen match (approximate length two and seven-sixteenths inches

(2 7/16"); approximate weight twenty-nine (29) grams per hundred), applied for twelve (12)

seconds.

(ii) The test shall be performed in a draft-free and safe location. The sample shall be

suspended (preferably held with a spring clip, tongs or some similar device) with the long axis

vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half

inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure, the match is to

be removed gently away from the sample.

(iii) During the exposure, flaming shall not spread over the complete length of the sample

or in excess of four inches (4") from the bottom of the sample (for larger size samples). There

shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming

particles shall be rejected if the materials continue to burn after they reach the floor.

(b) (1) In all new child day care centers, interior finish shall be as regulated or modified

by the provisions of the description of interior finish in § 23-28.1-5 and shall not exceed the

following classifications for the locations indicated:

(2) All changes of interior finishes in existing child day care centers shall also conform to

the regulations listed below:

(i) In all vertical means of egress and connecting passages to the outside "Class A."

(ii) In all access corridors "Class B."

(iii) In all other rooms or spaces "Class C."

(c) Floor coverings must conform to the requirements of the next class lower than the

classifications above, but in no instance should they be less than "Class C," except that in

sprinklered buildings all floor coverings may be "Class C" throughout.

23-28.15-19. Emergency lighting. -- (a) All child day care centers with ten (10) or

more children shall be provided with emergency lighting in accordance with chapter 28.24 of this

title.

(b) Exceptions from the requirements of emergency lighting:

(1) Child day care centers under three thousand square feet (3000 sq. ft.) located on the

ground floor or first floor.

(2) Structures occupied only in daylight hours with skylights or windows arranged to

provide, during these hours, the required level of illumination on all portions of the means of

egress.

23-28.15-20. [Repealed.]

     SECTION 18. Chapter 23-28.16 of the General Laws entitled “Apartment Houses” is

hereby repealed in its entirety.

CHAPTER 23-28.16

Apartment Houses

23-28.16-1. Applicability -- (a) The regulations contained in this chapter shall apply to

all apartment houses, as defined in § 23-28.1-5, except such places as are expressly exempt in

accordance with the provisions of this code.

(b) Fire escapes and other outdoor stairways, heating, cooking, and ventilating facilities,

fire alarms, exit signs, and the use of electric wiring and appliances shall be covered by special

articles related thereto.

23-28.16-2. Egress facilities required. -- (a) All apartment houses shall be provided

with approved egress facilities as required under the provisions of this code.

(b) (1) No less than two (2) approved means of egress shall be provided from each story

of every apartment house.

(2) EXCEPTION: Apartment houses not over two (2) stories in height, for not more than

eight (8) families nor more than four (4) families per story, may have one approved means of

egress from each story or fire subdivision provided:

(i) The distance of travel to the one required exit shall not exceed thirty-five feet (35');

(ii) All corridors serving as access to exits shall have at least a one hour fire-resistance

rating;

(iii) The one required exit is a smokeproof tower or an outside stair or an interior

stairway. The interior stairway shall be enclosed with partitions having a fire-resistance rating of

at least one hour with self-closing one hour fire-rated doors protecting all openings between the

stairway enclosure and the building; and

(iv) The exit does not serve more than one-half (1/2) story below the level of exit

discharge.

(c) Exits from each floor shall be arranged so that it will not be necessary to travel more

than one hundred feet (100') from a living unit entrance door to reach the nearest approved exit

from the story. In buildings which are completely sprinklered, this distance may be one hundred

fifty feet (150').

(d) Every sleeping room, unless it has two (2) doors providing separate ways of escape,

or has a door leading directly to the outside of the building, shall have at least one outside

window which can be opened from the inside without the use of tools and of such design that it

may serve as an emergency exit if the normal avenues of escape are blocked. The sill of the

windows shall not be more than forty-four inches (44") above the floor.

(e) Exits shall be remote from each other and so arranged as to minimize any probability

that both exits may be blocked or made impassable by one fire or other emergency.

(f) Walls separating exit access corridors from living units shall have a fire-resistance

rating of at least one hour.

23-28.16-3. Egress passageways. -- (a) Access to all interior and outside stairways, to

fire escapes and other exits considered as approved means of egress, shall be unobstructed and

shall not be through a room used as a bedroom, bathroom, or kitchen, or for any other purpose

that may obstruct free passage, nor shall access be veiled from open view by ornamentation,

curtains, or other appurtenances.

(b) All corridors and passageways in new buildings considered as approved means of

egress, shall be at least forty-two inches (42") in width and seventy-eight inches (78") in height,

and of such greater width as conditions require. All corridors and passageways now existing shall

be at least twenty-eight inches (28") in width and at least seventy-four inches (74") in height in

order to be considered as approved means of egress. Exception is that fire protection equipment

may protrude no more than eight and one-half inches (8 1/2").

(c) All doorways which are of themselves, or are a part of, approved means of egress,

shall be at floor level in new structures, and as near thereto as practicable in existing structures.

Windows shall not be considered as approved means of egress.

(d) Passageways and all doors leading from inside stairways to the outside shall have the

same fire-resistant quality as required of the connecting stairway in accordance with subsection

(a) of § 23-28.16-5 and subsection (b) of § 23-28.16-7.

(e) All approved egress passageways shall at all times provide free, unobstructed, and

safe passage to the street or to a ground area of refuge.

23-28.16-4. Transoms. -- Transoms and other openings in interior corridors or

passageways shall not be allowed. Existing transoms and like openings in corridors and

passageways shall be permanently sealed and made fire resistant with materials of a sixty (60)

minute fire rating. All opening devices shall be removed.

23-28.16-5. Stairways and other vertical openings. -- (a) (1) Every existing interior

stairway constituting an approved egress passage from any story of an apartment house shall be

enclosed or be segregated from other portions of the building by materials with a fire resistant

rating of not less than one hour. All required stairways shall lead directly to the outdoors or to an

enclosed passageway leading to the outdoors constructed to resist fire to the same degree as the

stairway. One of the required stairways may be allowed to lead through an open space or lobby

provided the space or lobby has ample egress openings to the outside at grade. All other vertical

openings throughout the buildings shall be enclosed by material with a fire resistance rating of

not less than one hour. (See § 23-28.16-7(b) for new construction).

(2) EXCEPTION 1: There shall be no unprotected vertical opening or stairway in any

building or fire section with only one exit.

(3) EXCEPTION 2: Stairway enclosures shall not be required where a one story stair

connects two (2) levels within a single dwelling unit.

(b) (1) Elevators will not be considered as approved means of egress, and all new

elevator and dumbwaiter shafts shall be enclosed by noncombustible materials with a fire

resistant rating of not less than two (2) hours, and existing elevators shall be enclosed by

noncombustible materials with a fire resistant rating of not less than sixty (60) minutes. No

opening shall be allowed through the side wall enclosures for ventilating or other purposes,

except to an outside wall. All doors servicing elevators shall be Class B label one and one-half

(11/2) hour in new elevators, and in existing elevators Class B label one hour, and the doorways

shall be made smoke-tight when the doors are closed.

(2) Elevators and elevator shafts shall otherwise be designed, constructed, maintained,

and ventilated in accordance with regulations promulgated by the department of labor and

training.

(c) All stairways in approved egress passages shall have suitable handrails on both sides,

except such stairs as are less than three feet (3') in width, which stairs shall have one handrail.

(d) Stairways in approved egress passages in existing apartment houses shall be not less

than thirty-two inches (32") in width and in new buildings and additions to existing buildings, the

stairways shall be not less than forty-two inches (42") in width, exclusive of handrails projecting

not more than three and one-half inches (31/2") into the required stair width.

(e) Existing stairways in approved egress passages shall be provided with landings at

least thirty-two inches (32") in depth between the nosing of the top or bottom stair and the next

parallel partition or door. New stairways shall have landings at least forty-four inches (44") in

depth.

(f) Stair treads in approved inside egress passages in existing structures shall be not less

than eight inches (8") wide, exclusive of nosing, and risers shall not exceed eight and one-half

inches (8 1/2") in height. In new buildings the stair treads shall be not less than nine and one-half

inches (9 1/2") wide, exclusive of nosing, and risers shall not exceed seven and three-fourths

inches (7 3/4") in height. Treads and risers shall be of uniform width and height in each

individual stairway.

23-28.16-6. Egress doors. -- (a) Doors in approved egress passages into stairways and

to the outside shall be so hung as to open in the direction of exit travel, but this requirement shall

not be construed to prohibit ground floor entrance doors swinging both inward and outward. The

doors shall not be so hung as to obstruct egress passage.

(b) Doors into required stairway enclosures, all doors serving other vertical openings,

and doors in side wall openings in enclosed egress passages, except doors to the outside, shall be

equipped with suitable self-closing devices, maintained in operating condition. The doors shall

not be equipped with devices intended for holding the doors in an open position, and they shall

not be otherwise so held.

(c) Doors and jambs in walls or partitions required to be fire-resistant shall be equally

fire-resistant, and shall be constructed and maintained close fitting and reasonably smoke tight.

(d) Doors in a partition required to be fire-resistant may contain a single wired-glass

panel where necessary, provided, the glass shall not exceed one hundred square inches (100 sq.

in.) per opening.

(e) Doors in existing approved egress passages shall be not less than thirty-two inches

(32") in width. When serving approved egress passages, new doors in existing structures and all

doors in new structures shall be not less than thirty-six inches (36") in width and seventy-eight

inches (78") in height, except that each leaf of a double or mullion door may be not less than

thirty inches (30") wide.

(f) Egress doors leading to the outside or into an enclosed passageway leading to the

outside shall be equipped with a lock, latch, or other fastening device that shall not require the use

of a key for operation from the inside of the building.

(g) Revolving doors shall not be considered as approved means of egress.

(h) Doors leading to apartments may be a minimum of thirty-two inches (32") wide and

a minimum of seventy-eight inches (78") in height.

23-28.16-7. Construction. -- (a) Every apartment house hereafter constructed, every

addition hereafter made to any apartment house, and every building hereafter converted for the

purposes of an apartment house, shall be of noncombustible construction if more than three (3)

stories above the basement of any portion of the building is used or intended for use by family

units or employees.

(b) All vertical openings, including stairways and passageways to the outdoors, in all

new buildings, additions to existing buildings, or buildings hereafter converted for the purpose of

an apartment house, shall be enclosed by material with a fire-resistant rating of at least two (2)

hours, except that an enclosure shall not be required for a flight of stairs in a noncombustible

building when the stairs connect only one story with one other story immediately above or below

it, and provided that at least one passageway for each floor of the building shall lead directly to

the outdoors by stairways or passageways, or a combination of both, enclosed completely by fire-

resistant material of such rating.

23-28.16-8. Hazardous occupancies. -- No combustible building shall contain a Class 1,

2, or 3 dry cleaning establishment as defined in special regulations governing such establishments

or other commercial occupancy using flammable liquids, or any other storage of materials or

equipment of high hazard, unless such occupancy is completely segregated from the apartment

house premises by unpierced walls with a fire-resistant rating of not less than two (2) hours, and

by a ceiling and floors of material with the same fire-resistive rating.

23-28.16-9. Fire walls. -- (a) Fire walls shall be installed to subdivide the building into

sections not greater than two hundred feet (200') in length. The walls will have a two (2) hour fire

resistance rating. In buildings required to be of noncombustible construction, fire partitions with a

two (2) hour fire resistance rating may be used.

(b) EXCEPTION 1: In buildings equipped with complete sprinkler protection the length

may be increased to three hundred feet (300').

(c) EXCEPTION 2: Buildings with only one exit per floor or fire section shall be

separated by the walls into units of four (4) family dwellings per floor.

23-28.16-10. Fire-stopping. -- (a) Exterior walls of new or changed frame construction

and interior stud partitions shall be fire-stopped at each floor level by a two inch (2") thick plate

or masonry filling, completely closing any possible vertical opening from one story to another.

(b) In existing buildings, exterior walls of frame construction and interior stud partitions

shall be completely fire-stopped by a timber of not less than two inches (2") in thickness or other

suitable noncombustible material completely closing any possible vertical openings, open joist

channels, and stud spaces, at the ceiling of the basement.

23-28.16-11. Exit signs. -- (a) (1) All apartment houses requiring more than one exit

shall be provided with exit signs in accordance with chapter 28.23 of this title.

(2) Group type A or B as specified in § 23-28.23-2 shall be required.

(b) EXCEPTION: Apartment houses or sections of apartment houses between fire

division walls having eight (8) or more apartment units, shall be provided with exit signs in

accordance with chapter 28.23 of this title, group type C as specified in § 23-28.23-2, shall be

required.

23-28.16-12. Emergency lighting. -- (a) Apartment houses or sections of apartment

houses between fire division walls having eight (8) or more apartments shall be provided with

emergency lighting in accordance with chapter 28.24 of this title.

(b) EXCEPTION: Where each guest room has a direct exit to the outside of the building

at ground level (as in motels) no emergency lighting shall be required.

23-28.16-13. Extinguishing equipment required. -- All apartment houses shall be

provided with proper fire extinguishing equipment adequate for the area involved and suitably

located. As to type, location, and maintenance, all fire extinguishers shall be in accordance with

N.F.P.A. Standard 10, 1988 edition. The term "extinguishing equipment" as used in this section

shall not include automatic sprinklers.

23-28.16-14. Sprinklers required -- (a) All new apartment houses, every addition

hereafter made to an apartment house, and every building hereafter converted for the purposes of

an apartment house, which are either more than three (3) stories in height above the basement or

contain more than six (6) living units between fire walls, shall be completely protected by an

approved system of automatic sprinklers installed and maintained in accordance with N.F.P.A.

Standard 13, 1989 edition, and its related standards. An attic or space immediately below a roof

shall not be considered as a story in the application of this section.

(b) All existing apartment houses constructed wholly or in part of combustible materials,

which have sleeping accommodations for family members or employees above the third story,

shall be completely protected by an approved system of automatic sprinklers in accordance with

N.F.P.A. Standard 13, 1989 and its related standards.

23-28.16-15. Decorative and acoustical material. -- (a) (1) All combustible decorative

and acoustical material, including curtains, streamers, and other paper and decorative materials,

but not including floor coverings, located in all corridors, passageways, and in lobbies and other

rooms or spaces for general guest or public use, shall be rendered and maintained flame resistant.

This regulation shall not be construed to prohibit the use of wall or ceiling coverings affixed

directly to the wall or ceiling, provided the surface will not be readily flammable.

(2) All approvals of decorative materials shall be limited to one year. The owner or the

owner's authorized agent shall file an affidavit with the enforcing officer certifying to the

following:

(i) The product used will render the decorative material flame resistant in accordance

with N.F.P.A. Standard 701, 1989 edition.

(ii) That the product used was applied in accordance with the manufacturer's

specifications.

(iii) State the date of treatment and warranty period.

(3) When a doubt exists as to the fire retardant quality or the permanency of treatment,

material shall be subject to the field check test as provided in subsection (a)(4).

(4) (i) Samples, in dry condition, are to be selected for tests and are to be a minimum of

one and one-half inches (1 1/2") wide and four inches (4") long. The fire exposure shall be the

flame from a common wood kitchen match (approximate length two and seven-sixteenths inches

(2 7/16"); approximate weight twenty-nine (29) grams per hundred), applied for twelve (12)

seconds.

(ii) The test shall be performed in a draft-free and safe location. The sample shall be

suspended (preferably held with a spring clip, tongs or some similar device) with the long axis

vertical, with the flame applied to the center of the bottom edge, and the bottom edge one-half

inch (1/2") above the bottom of the flame. After twelve (12) seconds of exposure the match is to

be removed gently away from the sample.

(iii) During the exposure, flaming shall not spread over the complete length of the sample

or in excess of four inches (4") from the bottom of the sample (for larger size samples). There

shall be not more than two (2) seconds of afterflaming. Materials which break and drip flaming

particles shall be rejected if the materials continue to burn after they reach the floor.

(b) The interior finish shall be as regulated or modified by the provisions of the

description of interior finish in § 23-28.1-5 and shall not exceed the following classifications for

the locations indicated:

(1) In all vertical means of egress "Class A."

(2) In all horizontal means of egress "Class B."

(3) In all other rooms or spaces "Class C."

(c) Floor coverings must conform to the requirements of the next class lower than the

classifications above, but in no instance should they be less than "Class C," except that in

sprinklered buildings all floor coverings may be "Class C" throughout.

23-28.16-16. Alarms. -- (a) Every apartment house shall have a fire alarm system

installed as follows:

(1) Buildings containing more than three (3) and less than eight (8) living units shall have

a local fire alarm system as described in § 23-28.25-4(a).

(2) Buildings containing eight (8) or more living units shall have a fire alarm system as

described in § 23-28.25-4(b).

(3) Buildings classified as high rise (more than six (6) stories or seventy-five feet (75') in

height) shall have a fire alarm system as described in § 23-28.25-4(c).

(b) IN ADDITION: All living units shall have a smoke detection system as described in

§§ 23-28.34-2 - 23-28.34-4.

23-28.16-17. Housekeeping. -- All apartment house premises and other occupancies

within buildings containing apartment houses shall be kept clean and in tidy condition, and free

from accumulation of combustible debris or other waste material.

     SECTION 19. Chapter 23-28.17 of the General Laws entitled “Industrial, Mercantile,

Business, and Storage Buildings” is hereby repealed in its entirety.

CHAPTER 23-28.17

Industrial, Mercantile, Business, and Storage Buildings

23-28.17-1. Applicability. -- (a) The regulations contained in this chapter shall apply to

all industrial, mercantile, business, and storage buildings, as defined in § 23-28.1-5, except such

places as are expressly exempt in accordance with the provisions of this code.

(b) Fire escapes and other outdoor stairways, heating, cooking, and ventilating facilities,

and the use of electric wiring and appliances shall be covered by special articles related thereto.

23-28.17-2. Egress facilities required. -- (a) All industrial, mercantile, business, and

storage buildings shall be provided with approved egress facilities as required under the

provisions of this code.

(b) No less than two (2) approved means of egress shall be provided from every story of

every building, except:

(1) In business use groups only, not more than two (2) stories in height and not more than

three thousand square feet (3000 sq. ft.) per floor, the maximum distance of travel to the one

required exit, shall not exceed seventy-five feet (75'), and the stairs shall be enclosed with one

hour fire resistant material with three-fourths (3/4) hour fire doors.

(2) Only one exitway shall be required in buildings in the mercantile use group of one

story, when the travel distance to the exit is not more than seventy-five (75) feet and not more

than fifty (50) occupants.

(3) All occupancies which are licensed for the sale of alcoholic beverages for

consumption on the premises shall be provided with two (2) means of egress. Where practical

difficulties are encountered in providing two (2) approved exits in existing occupancies, the local

fire authority may approve an emergency exit.

(c) Exits from each floor shall be so located that the maximum length of exitway access

travel, measured from the most remote point to an approved exitway along the natural and

unobstructed line of travel, shall not exceed the distance given in the following table, except

where the area is subdivided into rooms or compartments, and the egress travel in the room or

compartment is not greater than fifty feet (50') (one hundred feet (100') in use groups equipped

with an automatic fire suppression system), the distance shall be measured from the exitway

access entrance to the nearest exitway. Where complete suppression systems are required under

this code, this subsection shall apply.

Length of Exitway Access Travel (Ft.)

Use Group Without Fire Suppression system

With an approved fire suppression system

High hazard 75

Storage, moderate hazard 200 300

Storage, low hazard 300 400

Mercantile 100 200

Industrial 200 300

Business 200 300

(d) Exits shall be located remote from each other, providing the best practicable means

of egress from that story, in the event fire renders one other exit impassable.

(e) In existing occupancies of business and/or mercantile use groups with not more than

twenty-five hundred square feet (2500 sq. ft.), the one required exit door on the grade floor only

may be allowed to open against the direction of exit travel where it is deemed impracticable by

the authority having jurisdiction to swing the door in the direction of travel.

23-28.17-3. Egress passageways. -- (a) Access to all interior and outside stairways and

other exits, considered as approved means of egress, shall be unobstructed and clearly

distinguishable.

(b) The effective width of the lobby or other enclosed passageways shall be not less than

three-quarters (3/4) of the aggregate width of all required exitway stairways leading thereto and

all required exitway doorways opening into the passageway. The passageways shall have a

minimum width of forty-four inches (44") and a minimum clear ceiling height of eight feet (8').

(c) Passageways from inside stairways to the outside shall have the same fire-resistant

rating as required in stairways, by this code in § 23-28.7-5(a) and § 23-28.7-7(b).

(d) All approved egress passageways shall at all times provide free, unobstructed, and

safe passage to the street or to a ground area of refuge.

23-28.17-4. Stairways and other vertical openings. -- (a) Every existing interior

stairway constituting approved egress passage from any story of an industrial, mercantile,

business, or storage building shall be enclosed or be segregated from other portions of the

building by material and construction of a fire resistant rating of not less than sixty (60) minutes;

provided, that the segregation shall not be required in sprinklered, non-combustible buildings

connecting three (3) adjacent stories; and provided further that partitions or segregation shall not

be required for a flights of stairs connecting two (2) adjacent stories in a non-combustible

building which is not sprinklered. At least one stairway, and additional stairways where

necessary, shall lead directly to the outdoors or to an enclosed passageway leading to the

outdoors, constructed to resist fire to the same degree. One stairway, where necessary, may be

allowed to lead through an open space of a lobby with ample egress openings to the outside. All

other vertical openings throughout the buildings shall be enclosed by material with a fire resistant

rating of not less than sixty (60) minutes. (See § 23-28.17-6 for new construction requirements.)

(b) (1) Elevators will not be considered as approved means of egress, and all new

elevator shafts shall be enclosed by non-combustible materials with a fire resistant rating of not

less than two (2) hours, existing elevators shall be enclosed by non-combustible materials with a

fire resistant rating of not less than sixty (60) minutes. No opening shall be allowed through the

side wall enclosures for ventilating or other purposes, except to an outside wall. All doors

servicing elevators shall be Class "B" label one and one-half (1 1/2) hours in new elevators, and

in existing elevators Class "B" label one hour, and the doorways shall be made smoketight when

the doors are closed.

(2) Elevators and elevator shafts shall otherwise be designed, constructed, maintained,

and ventilated in accordance with regulations promulgated by the department of labor and

training.

(c) All stairways in approved egress passages shall have handrails on both sides, except

such stairs as are less than three feet (3') in width, which stairs shall have at least one handrail.

(d) Stairways in approved egress passages in existing buildings for industrial, mercantile,

business, or storage shall be not less than thirty-two inches (32") in width and in new buildings,

additions to existing buildings, or buildings hereafter converted for these purposes, the stairways

shall be not less than forty-four inches (44") in width, except where a width of thirty-six inches

(36") may be required for buildings with single exit requirements.

(e) The least dimension of landings and platforms shall be not less than the width of

stairway in new buildings. In existing buildings the least dimension of landing and platforms shall

be not less than thirty inches (30").

(f) Stair treads in approved inside egress passages in existing structures shall not be less

than eight inches (8") wide, exclusive of nosing, and risers shall not exceed eight and one-half

inches (8 1/2") in height. In new buildings, stair treads in approved inside egress passages shall

not be less than eleven inches (11") in depth, and risers shall not exceed seven inches (7") in

height.

23-28.17-5. Egress doors. -- (a) Doors in approved egress passages into stairways and

to the outside shall be so hung as to open in the direction of exit travel without obstructing the

required width of exitway, but this requirement shall not be construed to prohibit ground floor

entrance doors swinging both inward and outward. The doors shall not be so hung as to obstruct

egress passage.

(b) All doors which open into enclosed exitway stairs, exitway passageways, or those

which are installed to provide fire or smoke barriers across corridors, shall be self-closing and be

so maintained or shall be automatic doors which will close upon activation of an approved smoke

detector. Where egress doors are arranged to be opened by non-power operated mechanical

devices of any kind, they shall be so constructed that the door may be opened manually and will

release under a total pressure of not more than fifteen pounds (15 lbs.) applied in the direction of

egress travel. Power operated exitway doors shall be capable of being opened with not more than

fifty pounds (50 lbs.) pressure applied at the normal door knob location when power is lost.

(c) One side of the opening in fire walls or fire separation walls which are required to

have a fire-resistance rating of two (2) hours or more shall be protected with a one and one half (1

1/2) hour self-closing fire door swinging in the direction of exit travel.

(d) One-quarter inch (1/4") wired safety glass may be used in approved labeled opening

protectives with the maximum sizes described in the following table:

Limiting Size of Wire Glass Panels

Max. area Max. height Max. width

Rating-opening sq. in. inches inches

3 hour, class A door 0 0 0

1 & 1 ½ hr., class B doors 100

¾ hr., class C door 1296 54 54

1 ½ hr., class D door 0 0 0

¾ hr., class E door 720 54 54

Class E window per light 720 54 54

Class F window per light 1296 54 54

(e) The minimum width of single doors shall provide a clear width of not less than thirty-

two inches (32") and the maximum width shall be forty-eight inches (48") nominal. When the

doorway is subdivided into two (2) or more separate openings, the minimum clear width of each

opening shall be not less than thirty-two inches (32"), and each opening shall be computed

separately in determining the number of required units of exit width. A door forty inches (40") in

width shall be deemed the equivalent of two (2) full units of exit width. The height of doors shall

not be less than six and two-thirds feet (6 2/3').

(f) Egress doors leading to the outside or into an enclosed passageway leading to the

outside, except doors on the ground floor normally used for entrance, shall be equipped with

approved panic hardware which will release when normal pressure is applied to the releasing

device in the direction of exit travel. The releasing device may be a bar or panel extending not

less than two-thirds (2/3) of the width of the door and placed not less than thirty inches (30") nor

more than forty-four inches (44") above the floor. They shall be kept closed when not in use.

(g) Revolving doors shall not be considered as approved means of egress.

23-28.17. Construction. -- (a) Every industrial, mercantile, business, or storage building

hereafter constructed, every addition made to buildings of this type, or every building converted

hereafter to these or any of these uses, shall be of construction having a two (2) hour fire

resistance rating if more than three (3) stories above the basement or ground.

(b) All vertical openings, including stairways and passageways to the outdoors, in all

new buildings, additions, or conversions for these uses, shall be enclosed by material and

construction having a two (2) hour fire rating, except that an enclosure shall not be required for a

flight of stairs in a noncombustible building when the stairs are in addition to the required two (2)

means of egress and when they connect only two (2) levels.

23-28.17-7. Hazardous occupancies. -- (a) The hazard of contents of mercantile,

industrial, and storage buildings shall be classified as low, ordinary, or high in accordance with

the following:

(1) Low hazard contents shall be classified as those of such low combustibility that no

self-propagating fire therein can occur and that, consequently, the only probable changes

requiring the use of emergency exits will be from panic, fumes, smoke, or fire from some external

source.

(2) Ordinary hazard contents shall be classified as those which are liable to burn with

moderate rapidity or to give off a considerable volume of smoke, but from which neither

poisonous fumes nor explosions are to be found in case of fire.

(3) High hazard contents shall be classified as those which are liable to burn with extreme

rapidity or from which poisonous fumes, or explosions are to be feared in the event of fire.

(b) In mercantile, industrial, and storage occupancies with high hazard contents, the state

fire marshal may require whatever additional safeguards he or she may deem necessary to procure

life safety.

23-28.17-8. Fire walls and smoke barriers. -- Fire walls or smoke barriers, or both,

shall be built at the limits in areas or length defined under travel distance to exits if the building is

planned for larger overall area. Openings in these walls shall be such as will maintain a full two

(2) hour fire rating and shall be automatic in operation for fire. Exits within each segregated area

shall be provided as though each area were a separate building.

23-28.17-9. Fire-stopping. -- (a) Exterior walls of new or changed frame construction

and interior stud partitions shall be fire-stopped at each floor level by a two-inch (2") thick plate

or masonry filling, completely closing any possible vertical opening from one story to another.

(b) In existing buildings, exterior walls of frame construction and interior stud partitions

shall be completely fire-stopped by a timber of not less than two inches (2") in thickness or other

suitable non-combustible material completely closing any possible vertical openings, open joist

channels, and stud spaces, at the ceiling of the basement.

23-28.17-10. Exit signs. -- Exit signs shall be provided in accordance with chapter 28.23

of this title as follows:

(1) All industrial occupancies shall be group type A or B as specified in § 23-28.23-2.

Except those industrial occupancies with over five thousand square feet (5000 sq. ft.) per floor

shall be group type C as specified in § 23-28.23-2.

(2) All mercantile occupancies shall be group type A or B as specified in § 23-28.23-2.

Except those occupancies above or below street level, and those occupancies of over five

thousand square feet (5000 sq. ft.) floor area on ground level shall be group type C as specified in

§ 23-28.23-2.

(3) All business occupancies shall be group type A or B as specified in § 23-28.23-2.

Except those occupancies above or below the street level and those subject to five hundred (500)

or more total occupants on ground level, shall be group type C as specified in § 23-28.23-2.

(4) All storage occupancies shall be group type C as specified in § 23-28.23-2, except

those occupancies not normally occupied in structures occupied only in daylight hours with

skylights or windows arranged to provide during these hours, the required level of illumination,

on all portions of the means of egress, shall be group type A or B as specified in § 23-28.23-2.

23-28.17-11. Emergency lighting. -- Emergency lighting shall be provided in

accordance with chapter 28.24 of this title in the following occupancies:

(1) All industrial occupancies of over five thousand square feet (5,000 sq. ft.) on any one

floor.

(2) (i) All mercantile occupancies of over five thousand square feet (5,000 sq. ft.) on any

one floor.

(ii) All mercantile occupancies below or above street level.

(3) Business occupancies as follows:

(i) All buildings two (2) or more stories in height above street level.

(ii) Buildings subject to one thousand (1,000) or more total occupants.

(iii) In all basement areas of all business buildings.

(4) All storage occupancies except as follows:

(i) Storage occupancies when not normally occupied.

(ii) In structures occupied only in daylight hours with skylights or windows arranged to

provide, during these hours, the required level of illumination on all portions of the means of

egress.

23-28.17-12. Extinguishing equipment required. -- All buildings of the occupancies

covered by this chapter shall be provided with proper fire extinguishing equipment adequate for

the areas involved suitably located. As to type, location, and maintenance, all fire extinguishers

shall be in accordance with N.F.P.A. Standard 10, 1988 edition.

23-28.17-13. Sprinklers required. -- Every building of this type built, added to, or

converted to, which is more than two (2) stories in height above basement and which is not

constructed of better than a two (2) hour fire rating, shall be protected by an approved system of

automatic sprinklers installed and maintained in accordance with N.F.P.A. Standard 13, 1989

edition, and its related standards.

23-28.17-14. Fire alarm systems. -- (a) A fire alarm system as described in § 23-28.25-

4(a) shall be installed in all industrial, mercantile, business, and storage buildings.

(b) A fire alarm system as described in § 23-28.25-4(b) shall be installed in every

industrial, mercantile, business, and storage building having a total floor area of more than ten

thousand square feet (10,000 sq. ft.) per floor or extending three (3) stories or more above grade

level.

23-28.17-15. Covered malls. -- Covered malls shall be constructed in accordance with

one of the following options:

(1) OPTION 1: The covered mall and all buildings connected thereto shall be treated as a

single building and shall be subject to the provisions of this code for the specific use group and

type of construction.

(2) OPTION 2: The mall may be considered to be an "accessible unoccupied open space"

that separates the construction into one or more buildings if the following requirements are met:

(i) The covered mall shall be at least thirty feet (30') in width.

(ii) The least, unobstructed, horizontal dimension at any place in the covered mall shall

be ten feet (10').

(iii) The structural elements of the covered mall shall be of noncombustible or heavy

timber construction.

(iv) Floor-ceiling assemblies and their supporting columns and beams within multi-level

covered malls shall be of one hour fire-resistance rated noncombustible construction.

(v) The covered mall and all buildings connected thereto shall be provided throughout

with an approved fire suppression system. The suppression system in the covered mall shall be

independent of the suppression systems in the buildings connected to the covered mall.

(vi) Standpipes shall be provided at two hundred foot (200') intervals along the covered

mall.

(vii) The covered mall shall be provided with breakout panels, skylights, mechanical

ventilation, or other approved methods of providing for ventilation of products of combustion in

case of fire.

(viii) Multi-level covered malls shall be sufficiently open, so that a hazardous condition

occurring on one level will be readily visible to occupants on all levels.

(ix) (A) One-half (1/2) of the required number of exitways from each tenant area shall

lead to the outside by means other than through the covered mall.

(B) EXCEPTION: Tenant areas less than twenty-five hundred square feet (2500 sq. ft.) in

area.

(x) Exitways from the covered mall shall be located so that the length of travel from any

mall-tenant area entrance to the exitway shall not exceed two hundred feet (200').

(xi) Exit signs and directional (exit) signs indicating the non-mall exitways shall be

located so as to be easily visible from the mall-tenant area entrance.

(xii) Combustible kiosks or other similar structures shall not be located within the

covered mall.

(xiii) Kiosks or similar areas (temporary or permanent) located within the covered mall

shall be provided with approved fire suppression and detection devices as required by the

authority having jurisdiction.

(xiv) The minimum horizontal separation between kiosks and similar areas and buildings

connected to the covered mall shall be twenty feet (20').

23-28.17-16. [Repealed.]

     SECTION 20. Chapter 23-28.18 of the General Laws entitled “Theatres” is hereby

repealed in its entirety.

CHAPTER 23-28.18

Theatres

23-28.18-1. Applicability. -- (a) The regulations contained in this chapter shall apply to

all theatres as defined in § 23-28.1-5, except only such places as are expressly exempt in

accordance with the provisions of this code.

(b) (1) All new theaters hereafter constructed, every addition hereafter made to a theater

and any building hereafter converted for use in whole or in part for a theater and any existing

theatre shall be in accordance with N.F.P.A. Standard 101, 1988 edition, Chapter 8 and 9 and

their related chapters and standards.

(2) EXCEPTION: Previously approved theatres meeting the requirements of earlier

editions and amendments of this chapter may be continued in use subject to the approval of the

state or local fire marshal.

23-28.18-2. Admissions restricted and supervised. -- (a) Admission to all theaters

shall be supervised by the responsible management or person or persons delegated with the

responsibility by the management and shall not allow admissions in excess of the maximum

occupancy permitted.

(b) The maximum occupancy of all areas shall be conspicuously posted by means of a

sign furnished by the state fire marshal's office.

23-28.18-3. Fire alarms. -- (a) A fire alarm system as prescribed in § 23-28.25-4(b)

shall be installed in every theater.

(b) In addition to the location prescribed in § 23-28.25-4(b), a manual station shall be

installed on every stage and near any fixed lighting control panel and in every projection booth.

(c) Manual stations, with the approval of the authority having jurisdiction, may be

omitted from exits and installed in such locations as the ticket booth or the refreshment stand.

(d) Alarm sounding devices and flashing lights shall be installed where required by the

authority having jurisdiction. Voice communication evacuation systems are required and shall

interrupt all audio systems.

23-28.18-4. Housekeeping. -- All theaters, egress passages therefrom, and adjacent

rooms and spaces not segregated from the theater or passage by closed fire resistant construction,

shall be kept clean and in tidy condition, and free from combustible debris. No premises shall

contain storage of flammable liquids or liquefied petroleum gas, and no cooking or use of open

flame or smoking shall be allowed without adequate provisions for protection of the premises and

occupants against fire.

     SECTION 21. Sections 23-28.19-2, 23-28.19-3, 23-28.19-4, 23-28.19-5, 23-28.19-6, 23-

28.19-7, 23-28.19-8, 23-28.19-9, 23-28.19-10, 23-28.19-12, 23-28.19-17, 23-28.19-18 and 23-

28.19-19 of the General Laws in Chapter 23-28.19 entitled “Tents-Grandstands-Air-Supported

Structures” are hereby repealed.

23-28.19-2. Proximity to buildings - Wind resistance - Flame-proofing of materials.

-- (a) Tents exceeding one hundred twenty square feet (120 sq. ft.) in area shall not be erected in

the fire limits defined by any city or town.

(b) All tents shall be constructed and erected to withstand a wind pressure of ten (10)

pounds per square foot.

(c) (1) All canvas, curtains, cloth, rope, netting, and decorative material shall be rendered

flame resistant. The fire department shall require a certificate from the manufacturer that the

material has been tested by a laboratory of recognized standing, and found to be permanently

flame resistant. The material shall have proper identification markings and shall not have been

waterproofed subsequent to the issuance of the certificate by a process which increases its

flammability. All materials shall be labeled with a number that corresponds to the certificate of

flame resistance.

(2) A certificate shall accompany each piece of material used in a given tent, and each

piece of tent shall have corresponding identification number and/or lot numbers, said

identification numbers or lot numbers to be located in a place readily visible to inspection.

Materials certified to be flame retardant for the expected life of the material shall have an

effective life of ten (10) years, for the purposes of this section only. After ten (10) years, all

materials shall be required to be recertified by a laboratory of recognized standing and shall be

required to meet or exceed the requirements of the small scale test contained in the standard

methods of Fire Tests for Flame Resistant Textiles and Films, N.F.P.A. 701, or its equivalent in

effect at that time.

(3) Each certificate shall contain the following information:

(i) Name of manufacturer of material.

(ii) Address of manufacturer of material.

(iii) Description of item certified.

(iv) Name and address of applicator of flame-resistant finish.

(v) Name of laboratory of recognized standing conducting flame-resistance test.

(vi) Government certified laboratory number.

(vii) Name and type of test performed, or statement that materials meet the requirements

of the small scale test contained in the standard methods of Fire Tests for Flame Resistant

Textiles and Films, N.F.P.A. 701.

(viii) Color, weight and type of flame resistant material.

(ix) Life expectancy of flame resistant treatment.

(4) No certificate shall be acceptable for material which is more than three (3) years old.

Materials more than three (3) years old may be accepted by the fire department provided the

materials meet the requirements of the small scale test contained in the Standard methods of Fire

Tests for Flame Resistant Textiles and Films, N.F.P.A. 701.

(d) The placement of tents relative to each other and to other structures shall be at the

discretion of the local fire authority with consideration given to occupancy, use, opening,

adequate egress, exposure, and other similar factors.

23-28.19-3. Exemption from flameproofing where public not admitted. -- The

provisions of this chapter relative to flameproofing shall not be construed to apply to any tent

used by the operator of a concession, if the general public is not admitted within the confines of

the tent.

23-28.19-4. Seats, jacks, and appurtenances. -- (a) Where tents are used as places of

assembly with a capacity of two hundred (200) or more persons, the seats, chairs, jacks, and other

appurtenances, if of wood, must be suitably treated to reduce the fire hazard by a suitable

application of a surface treatment or by impregnation.

(b) No tier of seats shall rise to a height exceeding twelve feet (12').

23-28.19-5. Lighting - Electric wiring. -- All lighting shall be by electricity, with lamps

properly guarded to prevent ignition by radiation. In places of assembly, emergency lighting

facilities must be as provided in the building and electrical codes for theatres. All wiring

conductors shall be of a type approved for the class of service and be protected against over-

current. Loads for feeders and branch lines shall be limited in accordance with the carrying

capacities as specified in the national electrical code. When deemed necessary by the electrical

inspector, conductors shall be trenched and covered. All electrical installations on the premises

must be tested and approved by the state board of examiners of electricians.

23-28.19-6. Sleeping and mess tents. -- Tents in which persons sleep, and mess tents,

shall not be used for any exhibition purpose.

23-28.19-7. Number, size, and location of exits. -- (a) A minimum of two (2) exits

shall be provided where a tent is used as a place of assembly with a capacity of one hundred (100)

or more persons, in any tent where ten (10) or more persons sleep, and in any tent involving

conditions hazardous to life. When tents are used as a place of assembly with a capacity in excess

of five hundred (500) people, each exit shall be not less than nine feet (9') wide, and the number

of exits shall be based upon the ratio of one exit to each five hundred (500) persons or major

fraction thereof which the tent is designed to seat or hold. The exits shall be placed not over

seventy-five feet (75') apart, and exitways serving the exits shall be not less than nine feet (9') in

clear width.

(b) Where two (2) or more tents adjoin, with an opening between, an exit to the outside

shall be provided at the point of juncture.

23-28.19-8. Width and location of aisles. Aisles not less than forty-four inches (44") in

width shall be provided so that there are not more than ten (10) seats between any seat and an

aisle. Where individual seats are not provided, a distance of eighteen inches (18") along any

bench or platform shall constitute one seat in computing required aisles and exits. Every aisle

shall lead directly to an exitway, or to a cross aisle running parallel with the seat rows and leading

to an exitway. The aisles shall not be less in width than the combined width of aisles that they

connect. In tents having a capacity of one thousand (1,000) or over, facilities must be provided

for admitting patrons on opposite sides or ends convenient to their seating locations.

23-28.19-9-. Use of aisles and exits - Obstruction. -- Aisles and exitways shall be used

only for passage to and from seats and for vendors carrying their wares. No poles or ropes shall

be permitted in aisles and exitways, and all exitways and exits shall be kept unobstructed at all

times and so maintained as to not present a hazard from fire. The area for a distance of twenty

feet (20') beyond any exit shall be kept free and clear and be made readily passable.

23-28.19-10. Exit signs. -- All tents used for the gathering of more than seventy-five

(75) people shall be provided with exit signs in accordance with chapter 28.23 of this title. Group

type C specified in § 23-28.23-2 shall be required.

23-28.19-12. Motion pictures. -- No motion picture film of the nitrocellulose type shall

be used, stored, or exhibited within a tent. The exhibitions, when held within a tent, shall be

restricted to the use of safety film only.

23-28.19-17. Outdoor performances - Rules and regulations. -- The commission shall

make such rules and regulations as seem necessary concerning the seating, safety, and licensing

of any features connected with outdoor performances of any kind. After advertising and public

hearing, the rules and regulations shall be part of the provisions of this safety code.

23-28.19-18. National standards. -- All other areas concerning tents, grandstands, or air

supported structures not specifically covered in the R.I. fire code or in this chapter shall be in

accordance with N.F.P.A. Standard 102, 1986 edition.

23-28.19-19. Emergency lighting. -- Emergency lighting shall be required for

gatherings of more than seventy-five (75) persons. Emergency lighting shall be provided in

accordance with chapter 28.24 of this title.

     SECTION 22. Sections 23-28.20-1, 23-28.20-2, 23-28.20-3, 23-28.20-4 and 23-28.20-5

of the General Laws in Chapter 23-28.20 entitled “Storage and Handling of Liquefied Petroleum

Gas” are hereby repealed.

23-28.20-1. Purpose. -- The purpose of this chapter is to regulate the sale or dispensing

at wholesale or retail of liquefied petroleum gases (LPG) in the interest of safeguarding lives and

property.

23-28.20-2. Applicability -- (a) The provisions in this chapter shall apply to all persons,

firms, corporations, partnerships, voluntary associations, and government agencies other than

federal storing or handling liquefied petroleum gases, and to the owner or lessee of any building

or equipment in or on which liquefied petroleum gas is stored or handled, and shall apply to

motor vehicles that are used for the transportation of liquefied petroleum gas and are intended to

provide the requirements for the design, construction, and operation of tank motor vehicles and

certain features of tank motor vehicle chassis for the transportation of liquefied petroleum gases.

(b) These provisions shall not apply to the transportation of liquefied petroleum gas

when in conformity with the interstate commerce commission regulations nor to liquefied

petroleum gas piping and installations of public utilities under the supervision of the division of

public utilities.

23-28.20-3. Administration. -- The administration of this chapter is vested in the state

fire marshal who shall have the power to issue the proper rules and regulations to administer this

chapter.

23-28.20-4. Definitions. -- For the purpose of this chapter, the following words shall

have the meanings respectively assigned to them.

(1) (i) "Approved" means approved by the marshal.

(ii) The approval of any equipment, container, or appliance will be based on its

compliance with the accepted principles or recognized engineering practice, and the marshal may

consider as approved any equipment, container, or appliance which meets the standards set up by

any of the following organizations:

(A) Underwriters' laboratories, inc. (U.L.)

(B) National fire protection association (N.F.P.A.)

(Pamphlets 58, 1989 edition; 59, 1989 edition)

(C) National board of fire underwriters (N.B.F.U.)

(D) Interstate commerce commission (I.C.C.)

(E) American society of mechanical engineers (A.S.M.E.)

(F) American petroleum institute (A.P.I.)

(G) American gas association (A.G.A.)

(H) American standards association (A.S.A.)

(2) "Container" means all vessels such as tanks, cylinders, or drums used for transporting

or storing liquefied petroleum gases.

(3) "Equipment" refers essentially to the container or containers, major devices such as

vaporizers, carburetors, safety relief valves, excess flow valves, regulators, etc., and

interconnecting piping.

(4) "Marshal" means the state fire marshal or his or her authorized representative.

23-28.20-5. References to standards mandatory. -- References to other standards in

these provisions shall be considered mandatory.

     SECTION 23. Section 23-28.20-8 of the General Laws in Chapter 23-28.20 entitled

“Storage and Handling of Liquefied Petroleum Gas” is hereby amended to read as follows:

23-28.20-8. Application for permit. -- (a) The applicant must submit an application to

the state fire marshal, on a form provided by the state fire marshal. Upon receipt of the

application, the state fire marshal will schedule a fire safety inspection of the facility in

accordance with N.F.P.A. Standard 58, 1989 edition, and N.F.P.A. 59, 1989 edition 1, 2003

edition, as amended by the Fire Safety Code Board of Appeal & Review.

     (b) The permit will be issued provided the applicant is in compliance with applicable

codes.

     SECTION 24. Chapter 23-28.21 of the General Laws entitled “Fuel Oil Installations” is

hereby repealed in its entirety.

CHAPTER 23-28.21

Fuel Oil Installations

23-28.21-1. Definitions. For the purpose of this chapter, the following words shall have

the meanings respectively assigned to them:

(1) "Enforcing officer" shall be the chief of the fire department of the several cities,

towns, and the fire district wherein any violation of the provisions of this chapter may take place.

(2) "Heavy fuel oil" means any oil used as fuel, complying with specifications under

commercial standards of grades No. 5 and No. 6.

(3) "Light fuel oil" means any oil used as fuel, complying with specifications under

commercial standards of grades No. 1, No. 2, and No. 3.

(4) "Lowest story" means a basement or cellar, and if there is no basement or cellar, the

first story.

(5) "Oil burner" means any device designed to burn fuel oil having a flash point of one

hundred ten degrees (110ø) Fahrenheit or higher, and having a fuel tank or container with a

capacity of more than ten (10) gallons connected thereto.

(6) "Oil burning equipment" means oil burners and all tanks, piping, control devices, and

accessories connected to the burner.

(7) "Permit" means any permit required by these provisions and issued by the enforcing

officer.

(8) "Person" means an individual person, firm, or corporation, co-partnership or

association.

(9) "Power burners" means any burner that requires electricity, steam or air pressure for

its operation.

23-28.21-2. National standard. -- Fuel oil installations shall be in accordance with

N.F.P.A. Standard 31, 1987 edition.

23-28.21-3. -23-28.21-18 [Repealed.]

     SECTION 25. Sections 23-28.22-1, 23-28.22-3 and 23-28.22-5 of the General Laws in

Chapter 23-28.22 entitled “Flammable and Combustible Liquids ” are hereby repealed.

23-28.22-1. Applicability. -- (a) (1) This chapter shall apply to service stations, bulk

plants and service stations, aboveground storage for bulk plants and service stations, underground

storage for bulk plants and service stations, and piping for bulk plants and service stations.

(2) These provisions shall apply to all persons, co-partnerships, corporations, and

voluntary associations storing, physically handling, or using flammable liquids, and shall also

apply to the owner of any building or premises, in or on which flammable liquids are stored or

kept, and to the owner of any equipment used in storing or physically handling flammable liquids.

The word "owner" shall be given its ordinary meaning and be held to include any trustees, a

board of trustees of the property, or any person having a freehold interest in property, but a

mortgagee of the property shall not be deemed an owner thereof.

(b) These provisions shall apply to the construction or remodeling of buildings and

plants for flammable liquids, and shall apply to new installations and the replacement of

equipment for flammable liquids. These provisions shall also apply to existing buildings, plants,

or equipment, which were not previously but are hereafter used for flammable liquids, but shall

not apply to existing buildings, plants, structures, or equipment now used for flammable liquids

unless the enforcing officer shall determine that the conditions constitute a distinct hazard.

(c) Where the circumstances or conditions of any particular case falling within the scope

of these provisions are unusual and such as to render the strict compliance with these regulations

impracticable, the enforcing officer having jurisdiction may permit the modification as will

provide a substantially equivalent degree of safety; provided, however, that should the enforcing

officer refuse to grant the modification as may be requested, then and in that event an application

may be submitted to the board of appeal and review.

23-28.22-3. Storage of flammable liquids - Plans, permits, and inspections. -- (a)

Three (3) complete sets of plans and specifications, certified by an engineer, shall be submitted to

the enforcing officer for any proposed installation or addition to a present installation for

aboveground storage.

(b) When the installation or addition is completed, the applicant shall notify the

enforcing officer, and an inspection shall be made to determine that the installation or addition

complies with these provisions. Underground tanks shall not be covered from sight until the tank

and the underground appurtenances thereto have been inspected and approved by the enforcing

officer. In the absence of unusual circumstances, the inspection and approval or disapproval of

the underground tanks shall be completed within two (2) working days from the date of the

receipt of the notification by the enforcing officer.

23-28.22-5. Construction and use. -- The construction, installation, use, storage, and

maintenance of facilities storing, using, and dispensing flammable and combustible liquids within

the scope of this chapter shall be in accordance with N.F.P.A. Standard 30, 1987 edition, except

for self-service dispensing stations which shall be subject to the additional provisions contained

in this chapter.

     SECTION 26. Chapter 23-28.23 of the General Laws entitled “Exit Signs” is hereby

repealed in its entirety.

CHAPTER 23-28.23

Exit Signs

23-28.23-1. Exit signs location. -- (a) Where required by the provisions of the Rhode

Island Fire Safety Code, chapters 28.1 - 28.39 of this title, all required means of egress shall be

marked with a readily visible sign. Access to exits shall be marked by readily visible signs in all

cases where the exit or way to reach it is not immediately visible to the occupants and in any case

where required by the applicable provisions of the Rhode Island fire code for individual

occupancies.

(b) Every required sign marking an exit or way of exit access shall be so located as to be

readily visible. No decorations, furnishings, or equipment which impair visibility of an exit sign

shall be permitted, nor shall there be any brightly illuminated sign (for other than exit purposes),

display, or object in or near the line of vision to the required exit sign of such a character as to

detract attention from the exit sign.

23-28.23-2. Approved types. -- (a) This Fire Safety Code, chapters 28.1 - 28.39 of this

title, recognizes three (3) types of exit signs:

(1) Group A: Externally illuminated.

(2) Group B: Internally illuminated.

(3) Group C: Internally illuminated with provision for standby power operation.

(b) The type of sign for any given occupancy shall be as specified in the Fire Safety

Code. All signs shall be constructed of noncombustible material and securely fastened to the

building structure. Every exit sign shall have the word "EXIT" in plainly legible letters at least six

inches (6") in height with strokes not less than three-fourths inches (3/4") wide and shall be of

greater height and width when necessary for legibility. Signs shall have either red outlines on a

white background or, with metal stencil cutout type, shall be light natural metal color

background. Exit signs shall be visible from the exitway access and, when necessary, shall be

supplemented by directional signs in the access corridors indicating the direction and way of

egress.

23-28.23-3. Vertical mounting limitations. -- Exit signs and direction signs shall be

mounted no higher than ten feet (10') above the floor, nor lower than six and one half feet (61/2')

above the floor, so as to provide an unobstructed view.

23-28.23-4. Recognized type. -- Internally illuminated exit signs shall be listed by the

Underwriter's Laboratories, Inc. and/or by Factory Mutual Research Corporation or any other

recognized testing laboratory satisfactory to the authority having jurisdiction.

23-28.23-5. Non-exit door sign. -- Any door, passage, or stairway which is neither an

exit nor a way of exit access, and which is so located or arranged as to be likely to be mistaken

for an exit, shall be identified by a sign reading "NOT AN EXIT" or similar designation, or shall

be identified by a sign indicating its actual character, such as "TO BASEMENT",

"STOREROOM", "LINEN CLOSET", and the like.

23-28.23-6. Illumination. -- Illumination of all required EXIT signs shall be adequate

and of a character to insure that signs can be easily read under normal conditions whenever the

space served is occupied. The level of light provided on the exposed face of the sign shall be not

less than five (5) foot-candles.

23-28.23-7. Independent power sources. -- Where the occupancy requires emergency

lighting, internally illuminated EXIT signs shall be arranged to automatically transfer to the

standby source of power upon interruption of the normal source of power to the EXIT sign.

Standby power shall be sized and maintained to operate the EXIT sign for a minimum of ninety

(90) minutes.

23-28.23-8. Installation. -- Internally illuminated exit signs shall be connected in

accordance with the N.F.P.A. Standard 70, 1990 edition.

23-28.23-9. [Repealed.]

     SECTION 27. Chapter 23-28.24 of the General Laws entitled “Emergency Lighting” is

hereby repealed in its entirety.

CHAPTER 23-28.24

Emergency Lighting

23-28.24-1. Applicability. -- (a) This chapter and the emergency sections of the several

occupancy chapters which refer to this chapter shall apply to pertinent new buildings; to buildings

where there is a change of occupancy to one which will require emergency lighting; and to

existing buildings which are altered or renovated to an extent equal to or in excess of fifty percent

(50%) of its market value in a one-year period as determined by a qualified appraiser. Existing

buildings which have emergency lighting which was in compliance with the requirements of the

earlier edition of the Fire Safety Code shall not be required to comply with this chapter.

(b) Existing buildings which are not in compliance with the emergency lighting system

requirements of the earlier edition of the Fire Safety Code shall be required to install an

emergency lighting system in accordance with this chapter and the emergency lighting sections of

the several occupancy chapters. All electrical work shall be performed as provided by the

standards of N.F.P.A. Standard 70, 1990 edition and in accordance with regulations prescribed by

the authority having jurisdiction.

23-28.24-2. Areas where required. -- Emergency lighting where required within the

occupancies as described in the Rhode Island Fire Safety Code, chapters 28.1 - 28.39 of this title,

shall be installed in the following areas or devices: All hallways, ramps, runways, passageways,

stairways, fire towers, lobbies, outside of all building exits used as means of egress, rooms which

accommodate seventy-six (76) or more people, illuminated exit signs, boiler rooms, above

landings of fire escapes, emergency lighting equipment, stage lighting boards, location of main

service distribution equipment, projection rooms, hospital operating rooms, transformer vaults,

and new or rebuilt passenger elevator installations.

23-28.24-3. Intensity of illumination. -- (a) Emergency lighting systems shall produce

and maintain for a period of at least one and one-half (11/2) hours a minimum intensity of

illumination of not less than one foot-candle measured at floor level and maintained everywhere

along the required egress path. There shall be adequate overlap of illumination sources to ensure

that no areas will be left in darkness due to the failure of a light element.

(b) In places of assembly for the exhibition of motion pictures or other projections by the

means of directed light, the illumination of floors of exitway access areas may be reduced during

the period of projection to not less than one-half (1/2) foot-candle. Where unit storage battery

systems utilizing floor or spotlight type of distribution is used, the distance between adjacent

units shall not exceed fifty feet (50'), and the emergency lighting shall be projected towards exits,

and located so as to distribute light over the entire floor area reducing glare and sharp shadows to

a minimum.

23-28.24-4. General requirements for emergency lighting systems - Approved

system. -- The authority having jurisdiction shall approve all emergency systems and equipment

for use of the systems. Before installation of any emergency system required by the Fire Safety

Code, chapters 28.1 - 28.39 of this title, commences (and regardless of what any other authority

may require), complete system design details, inclusive of, but not limited to, a description of

system operation and a description of the components of the system and their location within the

projected building shall be submitted to the authority having jurisdiction. In addition to providing

for the mandatory emergency lighting and power essential for safety to life and property, the

emergency system may provide energy for other functions considered essential which shall be

connected to a second branch of the main source of emergency power. Optional functions and

equipment shall not be connected to the same branch as essential emergency lighting and power

circuits.

23-28.24-5. Illumination methods. -- (a) The source of energy for emergency lighting

and power shall be one or a combination of the following:

(1) Central storage battery system.

(2) Engine generator system.

(3) Unit storage battery system.

(b) The energy for emergency and regular service shall travel independent circuits in

separate conduits connected only by approved transfer equipment. The control of the emergency

source shall be fully automatic and not dependent upon the manual operation of any switch or

device. The wiring of the emergency system shall be so arranged that no area requiring

emergency lighting can be left in total darkness if there is a loss of the normal power source to

that area. All emergency lighting systems shall provide full illumination within ten (10) seconds

after normal source failure.

(c) (1) The total connected emergency load shall not be greater than that which the

system is designed to carry for the period of one and one half (11/2) hours. The reinstallation of

emergency lighting systems in buildings other than where originally installed is prohibited except

when permission is specifically granted by the authority having jurisdiction after determination of

the effectiveness of the system. Emergency throwover switches and equipment shall be

interlocked so that no line or phase of the emergency source of supply shall be connected to any

line or phase of the normal supply.

(2) EXCEPTION: Grounded neutrals may be interconnected.

(d) All systems shall be provided with a test switch to simulate a power failure to the

emergency throwover switch or equipment. A complete test of all emergency systems and

inspection of all circuits for satisfactory operations shall be made at least once each week for

generators and once each month for batteries; provided, however, that when buildings or rooms

are used less than once a week, tests shall be made within one hour prior to the opening of the

room or building on each day of use. A record of tests shall be maintained and shall be available

for inspection. No building or room within the scope of these regulations shall be used unless

both regular and emergency sources of illumination are available.

23-28.24-6. Signals -- Signal devices shall be provided (in a location readily observable

to operating personnel) to operate for the following purposes:

(1) Audible and visible signal shall be provided to give anticipatory warning of a

malfunction of the emergency or auxiliary source due to a high engine temperature or low

lubricating oil pressure.

(2) To indicate, by a visual signal, that the battery or generator set is in carrying load.

(3) To indicate, by a visual signal, that a battery charger is functioning properly.

23-28.24-7. Central storage battery systems. -- (a) Central storage battery systems

shall be in accordance with the N.F.P.A. Standard 70, 1990 edition and the following subsections,

except that alkali and other dry type batteries shall not be used.

(b) The charging device shall be capable of placing the batteries in a state of full charge

within twelve (12) hours after restoration of power following a power failure. Each time the

emergency lighting system is used because of the failure of the normal power supply, a charge at

maximum rate shall be given the battery as often as necessary to assure its maintenance in a fully

charged condition. Such chargers shall be automatically returned to the trickle rate of charge

when the battery has reached a state of full charge. A visual signal mounted on the control cabinet

shall indicate when the batteries are being charged at the high rate.

(c) Systems shall be installed so that they can be readily tested, inspected, and serviced

and shall be maintained in satisfactory working condition. Wiring shall be of adequate diameter

to provide sufficient voltage, not less than that necessary for minimum required illumination.

(d) All central storage battery systems shall include a voltmeter which shall indicate the

voltage of the battery at all times.

(e) The nameplate shall contain model number, capacity of the system in watts for ninety

(90) minutes at not less than eighty-seven and one half percent (87.5%) of system nominal

voltage, and rated nominal voltage and current.

(f) All storage battery systems shall be provided with a device and so located as to emit

an audible and visual signal when an open circuit exists between the trickle charger and the

battery. In lieu of the signals required above, the voltmeter required shall have zones plainly

marked as follows, indicating:

(1) A marked zone to indicate proper trickle (float) charge voltage.

(2) A marked zone to indicate a failure of the trickle charger or that the battery is

discharging into the emergency lighting circuit.

(3) An open circuit between the trickle charger and battery during normal float operation.

(g) The batteries of emergency lighting systems shall not be used for any other purpose

unless approved by the authority having jurisdiction.

23-28.24-8. Unit storage battery systems. -- (a) Unit storage battery systems shall be

in accordance with the N.F.P.A. Standard 70, 1990 edition, and the following subsections, except

that:

(1) A flexible cord and plug connection shall not be used.

(2) Alkali and other dry type batteries shall not be used.

(b) Emergency lighting units of this class shall be self-contained. Batteries, relays,

charging equipment, and controls shall be assembled in a well ventilated substantial

noncombustible cabinet.

(c) The charging device shall be capable of placing the batteries in a state of full charge

within twelve (12) hours after restoration of power following a power failure. Each time the

emergency lighting system is used because of the failure of the normal power supply, a charge at

maximum rate shall be given the battery as often as necessary to assure its maintenance in a fully

charged condition. Such chargers shall be automatically returned to the trickle rate of charge

when the battery has reached a state of full charge. A visual signal mounted on the control cabinet

shall indicate when the batteries are being charged at the high rate.

(d) Units shall be mounted so that they can be readily tested, inspected, and serviced and

shall be maintained in satisfactory working condition. Wiring shall be of adequate diameter to

provide sufficient voltage, not less than that necessary for required illumination.

(e) The nameplate shall contain model number, capacity of the system in watts for ninety

(90) minutes at not less than eighty-seven percent (87%) of system nominal voltage, and rated

nominal voltage and current.

23-28.24-9. Engine generator systems. -- (a) Engine generator systems shall be in

accordance with the N.F.P.A. Standard 70, 1990 edition, and the following subsections.

(b) Gasoline operated engine generator systems, when located within a building, shall be

enclosed within a dedicated room of two (2) hour fire-resistant construction containing no other

electrical equipment. Door openings shall be provided with a six inch (6") sill above the floor,

and approved automatic self-closing class B label one and one half (11/2) hour door and door

assembly fire doors which shall open inward. Diesel, natural, manufactured, or liquefied

petroleum gas operated engine generator systems may be located in an appropriate area, as

approved by the authority having jurisdiction.

(c) The main fuel supply and the fuel tank shall be installed in accordance with the Fire

Safety Code.

(d) A minimum size reservoir for efficient operation may be stored in the room for diesel

and gas operated engines. A reservoir tank not exceeding one gallon capacity to insure minimum

delay in starting may be used for gasoline operated engines.

(e) Engine generators and controls shall be installed in a location permitting ready

accessibility of parts for repair, maintenance, cleaning, replacement, and testing.

(f) Gravity feed to fuel to carburetion or compression ignition engines is prohibited,

except for a reservoir tank as provided above.

(g) Systems using natural, manufactured, or liquefied petroleum gas as fuel shall have

suitable pressure reducing and regulation devices in the fuel line and shall have a normally closed

solenoid valve connected in the line on the high pressure side of the engine gas regulator which

shall open automatically upon engine start and remain open until engine is shut down.

(h) (1) Exhaust pipes shall be of sufficient strength to withstand the service and shall be

so connected to the engine to prevent excessive heat, emission of sparks, flame, or gas within the

building. They shall be adequately supported throughout their run and shall terminate outside the

building at a point where a pipe is not directed against any combustible material or in close

proximity to fuel supply lines. Exhaust pipes shall not be connected into chimneys or flues,

except that a separate exhaust stack may be introduced into an existing flue provided the former

extends to the top of the flue and the latter does not contain highly corrosive gasses, such as

products of combustion from gas, coal, or oil-burning appliances.

(2) An effective drain device shall be provided to permit prompt removal of exhaust

condensation.

(i) Where batteries are used to furnish energy for cranking, they shall be of sufficient

capacity to start the engine within five (5) seconds and to crank the engine continuously for a

period of at least five (5) minutes at a speed sufficient to start the engine. All engine-starting

batteries shall be of the approved type and properly maintained.

(j) Systems shall be equipped with a two-rate charger with a trickle rate capable of

maintaining the batteries fully charged and a high rate capable of replacing within a twenty-four

(24) hour period the charge taken out of the batteries by a five (5) minute continuous cranking

period. The charger shall have an ammeter indicating the trickle rate of charge and a pilot light to

indicate when the high rate of charge is being applied.

(k) Low oil pressure and high water temperature alarms shall be required.

(l) A voltmeter shall be provided to indicate the voltage being generated. When

polyphase systems are used, the voltmeter shall indicate all line voltages, either line-to-line or

lines-to-neutral.

(m) All engines shall be provided with a nameplate setting forth the name of the

manufacturer, model number, power (watts or KW) rating, current rating, and voltage rating.

     SECTION 28. Sections 23-28.25-2, 23-28.25-3, 23-28.25-4, 23-28.25-5, 23-28.25-6, 23-

28.25-7, 23-28.25-8 and 23-28.25-9 of the General Laws in Chapter 23-28.25 entitled “Fire

Alarm Systems” are hereby repealed.

23-28.25-2. Authority having jurisdiction. -- The authority having jurisdiction, for the

purpose of this chapter only, shall be the state fire marshal or his or her designee and those chiefs

of the fire departments, the superintendent of fire alarms, or directors of communications certified

by the state fire marshal as prescribed by § 23-28.2-6.

23-28.25-3. Approval. -- Before installation or alteration of any fire alarm system

required by this Fire Safety Code, chapters 28.1 - 28.39 of this title, commences and regardless of

what any other authority may require, complete system design details, inclusive of, but not

limited to, a description of system operations and a description of the components of the system

and their location within the protected building shall be submitted to the authority having

jurisdiction and shall fully comply with the contents of the chapter.

23-28.25-4. Types of systems. -- (a) Local systems. (1) A local supervised system, for

the purpose of this Fire Safety Code, chapters 28.1 - 28.39 of this title, is defined as consisting of

a power limited fire alarm panel listed by UL or FM approved, at least one manual pull station

marked "local alarm not connected to fire dept.," a one hundred ninety degree (190ø) to two

hundred degree (200ø) F. fixed temperature thermodetector installed in kitchens, boiler rooms,

and accessible attics, one hundred thirty-five degree (135ø) to one hundred forty degree (140ø) F.

thermodetectors in all utility, mechanical, storage, and maintenance rooms and smoke detectors in

stairwells and common corridors and top of all stairwells and elevator shafts and elevator

landings. Detectors shall be installed in spaces of twenty-four inches (24") or more above

suspended ceilings and in accordance with NFPA 72E, 1987 edition, § 2-6.4 and shall be on a

separate zone. Additional detectors may be required in areas deemed essential to life safety by the

authority having jurisdiction. A minimum of twenty-four (24) hour battery standby is required for

this local system. Wiring must be enclosed in walls and ceilings or mechanically protected by

metal raceway or MC type cable. A minimum of No. 16 awg solid wire listed for fire alarm use

with insulation rated at one hundred five degree centigrade (105° C.) shall be used for all local

fire alarm systems. Class "B" wiring using an end of line resistor installed on terminal strips in

the control panel for both initiating and signalling circuits shall be used for all local systems. All

detectors, horns, and pull stations shall be mounted on approved junction boxes. Installation of

this system shall be in compliance with NFPA Standards 72A, 1987 edition, and 72E, 1987

edition § 23-28.25-5 and § 23-28.25-6 of this code. The activation of the manual pull station(s) or

the automatic activation of any detector or suppression system shall sound a combination horn

strobe device(s) so located as to be effectively heard above all other sounds by all occupants in

every occupied space in the building. In addition a horn strobe shall be installed on the exterior of

each building at a location approved by and subject to the authority having jurisdiction. A

connection to a municipal alarm system is not required for this type of system.

(2) EXCEPTION: A fire alarm system meeting the requirements of § 23-28.25-4(b) may

be substituted at option of the owner.

(b) Supervised systems. (1) A supervised system for the purpose of this Fire Safety Code

is defined as a system where the manual operation of any fire alarm station or the automatic

actuation of any thermodetector, smoke detector, sprinkler flow switch or other extinguishment

system switch, or standpipe flow switch shall sound all alarm horns within the building, de-

energize door holders to cause all fire/smoke doors that are allowed to be held open in the entire

building to close, summon the local fire department, and for all new buildings shall interlock with

all elevators to return them to a designated level. In the event that the designated level is in alarm,

the elevators shall return to an approved alternate designated level where they shall be under the

exclusive control of the fire department for the duration of the alarm condition. Operating power

failure, low battery voltage, an open or grounded wire in any of the pull

station/thermodetector/smoke detector/sprinkler flow switch circuits, the evacuation horn/strobe

circuits, the circuit to the municipal master box or transmitter, or the leased line to the remote

station shall activate audible and visual trouble signals on the system control panel and

annunciator, that cannot be reset until the circuits are restored to normal. This is to include the

removal of any alarm, trouble, or zone relays, and the removal of any zone detector card or bell

card, and any low voltage fuses in the control panel. The audible trouble signal may be silenced

with the trouble signal silencing switch but the lamp cannot be extinguished until the circuits are

normal. Restoring the circuits to normal after the silencing switch has been operated shall cause

the lamp to extinguish and the audible signal to resound until the silencing switch is restored to

normal. In the event of a commercial power outage, the entire system shall immediately transfer

to a standby battery source of power and be capable of supplying the entire system for sixty (60)

hours. All fire alarm initiating zone and signal wiring shall be wired Class "A" McCoulough loop.

(2) Combination rate of rise and fixed temperature thermodetectors one hundred thirty-

five degrees (135°) to one hundred forty degrees (140°) F. shall be located in all general storage

rooms, all utility, electrical, and mechanical equipment rooms, all janitor closets, trash collection

rooms, adjacent to all sleeping rooms separated from kitchens by any wall, maintenance shops,

locker rooms, classrooms, projection booths, above transoms, and below any accessible stage

areas. Detectors shall be installed in spaces of twenty-four inches (24") or more above suspended

ceilings and in accordance with NFPA 72E, 1987 edition, § 2-6.4 and shall be on a separate zone.

(3) Automatic fixed temperature thermodetectors with a rating of one hundred ninety

degrees (190°) to two hundred degrees (200°) F. shall be installed in all boiler rooms, accessible

attics and kitchens or where permanent cooking or heating equipment is located.

(4) Smoke detectors shall be installed in all common corridors and at the top of all

stairwells and elevator shafts and elevator landings.

(5) Manual fire alarms stations shall be distributed throughout the protected building so

that they are unobstructed, readily accessible, and located at each required means of egress from

the building and/or floor area. These stations shall not be marked local. Additional stations shall

be provided on each floor or in each fire area to obtain a maximum horizontal travel distance of

one hundred fifty feet (150') to the nearest station unless otherwise specified in occupancy

sections of this code.

(6) Additional detectors may be required in areas deemed essential to life safety by the

authority having jurisdiction, and shall be in compliance with §§ 23-28.25-5 and 23-28.25-6.

(c) High rise systems. (1) A high rise system for the purpose of this Fire Safety Code is

defined as a supervised fire alarm system with voice communication and two-way fire department

communication system, and shall be provided in all high rise buildings (more than six (6) stories

or seventy-five feet (75') in height) regardless of the occupancy and shall operate as follows:

(2) The manual operation of any station or the automatic actuation of any thermodetector,

smoke detector, sprinkler flow switch, or standpipe flow switch shall:

(i) Automatically sound a distinctive audible signal on the floor where the alarm

originated and one floor above;

(ii) Automatically summon the local fire department;

(iii) Visually indicate the location of the origin of the alarm at the fire control center

within the building;

(iv) Interlock with the heating and ventilating control system to start and stop air moving

equipment as required;

(v) Interlock with all elevators to return them to a designated level. In the event that the

designated level is in alarm, the elevators shall return to an approved alternate designated level

where they shall be under the exclusive control of the fire department for the duration of the

alarm condition; and

(vi) De-energize door holders to cause all fire/smoke doors which are allowed to be held

open in the entire building to close.

(3) All high rise fire alarm and voice communication system equipment shall comply

with UL Standards numbers 864 and 1480, 1980 editions, and shall also be provided with standby

amplification. A fire control center shall be provided at the main level of access to the building at

a location approved by the chief of the fire department. This fire control center shall include, but

is not limited to, fire alarm and fire detection system panel; voice communication system panels;

emergency telephone systems; status indicators for air handling systems; elevators; and other

systems as may be required. Means shall be provided at the fire control center to selectively

manually operate the audible alarm signals on any floor. A microphone and suitable switches

shall be provided at the fire control center to selectively transmit voice communications to all

public areas on every floor or fire area or groups of floors or fire areas. Vocal communications

shall override the alarm signal. Means shall be provided at the fire control center to operate the

exitway stairway door unlocking system. Two-way telephonic communication system shall be

provided between the fire control center and every stairway floor landing and each elevator lobby

on every floor. In addition, a two-way fire emergency telephone shall be provided in every

elevator. Firefighters' two-way telephone system shall be individually zoned and supervised by

floors and shall be selectable at the control center. This system shall be wired in a separate

metallic raceway system from the fire alarm system wiring. An individual telephone instrument

shall be permanently installed at each telephone location and mounted in a lockable, break glass

rod, red enclosure. Individual telephone annunciation shall be by telephone cradle switch.

Speaker and telephone circuits shall also be supervised for shorts. Manual stations shall be

located at every stairwell and elevator lobby on every floor and as indicated in subsection (b)(5).

Combination rate of rise and fixed temperature thermodetectors one hundred thirty-five degrees

(135°) to one hundred forty degrees (140°) F. shall be located in accordance with subsection

(b)(2). Automatic one hundred ninety degrees (190°) to two hundred degrees (200°) F. fixed

temperature thermodetectors shall be installed in accordance with subsection (b)(3). Smoke

detectors shall be installed as required in subsection (b)(4), and on every fifth floor in every

stairwell. Stairwell smoke detectors shall sound audible alarms in locations required by the

authority having jurisdiction and not only on the smoke detector landing level. Speakers shall be

provided so as to be effectively heard above all other sounds by all occupants in every occupied

space on each floor or fire area. All circuitry to all manual stations, automatic thermodetectors,

and smoke detectors, sprinkler or standpipe flow switches, all fire communication speakers, and

fire emergency telephones shall be supervised. An open or ground in any of this circuitry or a

failure of any essential part of the amplifier shall activate audible and visual trouble signals at the

fire control center. Standby power shall be provided as described in subsection (b)(1).

(d) Multiplex systems. Active polling multiplex systems shall be permitted.

Microprocessor, software or wiring failures shall indicate a trouble condition specific to the

failure. Multiplexing of analog and digital signals shall be provided between the Central

Processing Unit (CPU) and circuit interfaces. (Remote Identification Modules, Transponders,

Data Gathering Panels, etc.) on a dedicated Signaling Line Circuit (NFPA SLC). The Signaling

Line Circuit shall be wired Class "A". (Style 6 NFPA 72A, 1987 edition). All wiring shall be as

required by the manufacturer and a minimum of #16 gauge wire. All remote panels and devices

shall derive their power from the CPU or from self-contained power supplies; the power supply

shall be subject to the same primary and secondary power requirements as the main Fire Alarm

Panel. The CPU, remote interface panels and modules, and the system devices shall be

Underwriter's Laboratories Listed and Factory Mutual approved and cross listed for compatibility

as a system by the panel manufacturer. Devices using self-contained addressable modules (i.e.

smoke detectors, manual stations, etc.) shall be UL listed and FM approved for the desired

application and shall meet all requirements of this code for such devices. Removal of any such

device shall cause a trouble signal specific to the affected device and shall not affect the operation

of other devices on the circuit. Devices monitored or controlled by an addressable module

separate from the device shall have the location of the addressable module plainly displayed at

the CPU.

23-28.25-5. Equipment. -- (a) All components of the fire alarm system including, but

not limited to, the control equipment, the battery and charger, the annunciator, the manual

stations, the automatic thermodetectors, the smoke detectors, the sprinkler flow switches, the door

holder, and the alarm horns shall be listed by the Underwriters Laboratories, Inc. and/or approved

by the Factory Mutual research corporation or any recognized testing laboratory satisfactory to

the state fire marshal.

(b) Manual fire alarm stations shall be approved for the particular application and shall

be used only for fire alarm signaling purposes, shall be double action, color red, key locked and

shall be keyed the same as the fire alarm control panel door lock. The height of the manual station

boxes shall be forty-eight inches (48") measured vertically, from the finished floor level to the

activating handle or lever of the station.

(c) Alarm horns shall be the combination horn/strobe type or shall have a flashing strobe

located nearby. This strobe shall be distinctively marked fire. Alarm horns shall be used for no

other purpose and shall be of such character and so located as to be effectively heard above all

other sounds by all occupants in every occupied space in the building. Where specified in

occupancy sections of this code, bells or chimes may, with the approval of the authority having

jurisdiction, be used in lieu of horns providing that they are distinct from any other signal in the

building. Approved speaker systems used for evacuation shall be at the same level for both

speech information and alarm evacuation. Both speech information and alarm evacuation levels

must be high enough to be heard above ambient room noises throughout the building. In bedroom

areas alarm sounding levels must be at least fifteen (15) db above average ambient room noise

levels of approximately fifty-five (55) db. Mini horns shall be installed in all sleeping areas if

proper sound levels cannot be obtained.

(d) Thermodetector and smoke detector spacing shall not exceed the linear maximum

indicated for that particular device by an Underwriter's Laboratories, Inc. or F.M. approved

testing laboratory. In locations where thermodetectors and/or smoke detectors are required, the

type and/or temperature rating of the thermodetector as required in the Rhode Island Fire Safety

Code, chapters 28.1 - 28.39 of this title, may be modified by the authority having jurisdiction if,

in the authority's judgment, the type or temperature setting of the unit is unsuitable due to

environmental or structural conditions unique to that location. Areas in buildings having an

approved system of automatic sprinklers shall be exempt from the requirements of

thermodetectors. This exemption shall not apply to smoke detectors.

(e) Flow switches shall be provided on all sprinkler systems and standpipes installed in

all buildings required by this code to have a fire alarm system. The flow switch shall activate the

fire alarm system if any one sprinkler head is open or a fire hose on a standpipe is used. All flow

switches shall have a retard feature to prevent false alarms due to a surge. A flow switch shall be

installed in the main riser so that any flow of water in the system will activate this device. This

flow switch shall be on a separate zone and will be designated water flow or sprinkler/standpipe.

Flow alarm switches on sprinkler systems and wet standpipe systems shall be installed so that

they cannot be disconnected from the fire alarm system by the operation of a shutoff valve. In

addition to the flow switch on the sprinkler/standpipe main, flow switch(es) shall be installed on

each zone. Sprinklers shall be zoned as per fire alarm zones. An inspectors test valve shall be

installed at the end of each sprinkler zone. Any alarm originating from a sprinkler head or a fire

hose cabinet shall provide two (2) indications on the system annunciator: one to indicate

"sprinkler/standpipe" and one to indicate the zone. All hose cabinets on each floor shall be wired

with flow switches. The flow switches shall alarm the zone where the cabinet is located.

(f) Switches shall be provided on all shutoffs for required sprinkler or wet standpipe

systems such as O S and Y gate valves or post indicator valves in buildings required by this code

to have a fire alarm system. This switch shall activate the fire alarm system or sprinkler zone

trouble signal any time the water supply is shut off.

(g) A switch shall be provided on all required automatic extinguishing systems, in

addition to sprinkler systems, in buildings required by this code to have a fire alarm system. This

switch shall activate the building's fire alarm system any time the extinguishing system is

actuated and shall be on a separate zone.

(h) (1) A building having a required fire alarm system, which is more than twenty

thousand square feet (20,000 sq. ft.) in total area or which extends to more than one floor, shall

have an annunciator to visually indicate the location of an alarm within the building located

inside the main entrance of the building or in a location as approved by the authority having

jurisdiction. Each floor shall be separately zoned. If a floor area exceeds twenty thousand square

feet (20,000 sq. ft.), additional zoning shall be provided. In no case shall the length of any zone

exceed two hundred feet (200') in any direction. Annunciators shall lock in until the system is

reset. Selective coded systems utilizing a punch tape register shall be acceptable in lieu of an

annunciated system. Other identifying devices such as a computer print-out are acceptable in lieu

of an annunciator, subject to approval of the authority having jurisdiction. A directory or zone

map as required by the authority having jurisdiction shall be provided for every zoned fire alarm

system. Annunciator panel location shall meet the requirements of the authority having

jurisdiction. If the annunciator is a remote panel, it shall contain all functions including a trouble

light and audible trouble signal with silence switch, key-operated system reset, and system silence

with resound and cover all required zones. Annunciation of alarm and trouble indications will be

accomplished with the use of separate zone wiring and not with the use of multiple contact

initiating devices. The annunciation shall be by floors or locations and not by a zone number

only. In the event that a building has a fire pump or generator, provisions shall be made at the

annunciator for visible/audible indication of generator or fire pump operation.

(2) In complexes consisting of multiple building clusters, a common fire department

connection may, at the discretion of the authority having jurisdiction, be used providing a system

powered one million (1,000,000) candle power strobe light shall be installed on each building so

as to be visible at the master box or a central location.

(i) (1) All required fire alarm systems shall be connected to an approved power source in

the building and in addition shall have automatically charged storage type battery standby (dry

cell shall not be used) of sufficient capacity to operate the entire system as required by § 23-

28.25-4 for the type of system after the principal source of power has failed. The fire alarm

system must be able to function and sound the evacuation signals for at least five (5) minutes

following the required standby period.

(2) Systems utilizing an emergency generator as a source of standby power shall not be

exempt from the above requirements for battery standby power.

(j) In all buildings having a fire alarm system, the fire alarm system shall be

interconnected to the building's heating, air conditioning, and ventilating controls so that the

fan(s) two thousand (2,000) cfm or greater capacity of any ventilating system not used for

pressurization of a firesafe area and four (4) or more ceiling mounted industrial air circulation

fans installed in one room shall automatically shut down any time, other than drills and when

testing, that the fire alarm system is actuated. A manual override shall be provided in the fire

alarm control panel for fire department use.

(k) All required smoke and fire doors in all buildings required by this code to have a fire

alarm system may be held open only if equipped with magnetic door holders installed so as to

close the doors anytime the alarm system within the building is activated. Smoke detector(s)

connected to the alarm system within the building shall be installed proximate to every smoke

and fire door.

(l) All buildings that have a fire alarm system per this fire alarm code that require fire

drills to be held shall have a key operated drill switch installed at a remote location outside of the

control panel subject to the approval of the authority having jurisdiction. The key shall not be the

same as the control panel key.

23-28.25-6. Installation and wiring. -- (a) All fire alarm system wiring within a

building and between buildings in multiple building clusters shall be installed in metal raceway.

An equipment bonding conductor shall be provided in all flexible metallic raceways. Type M.C.

cable dual rated as FPL and 2-hour fire rated by UL may be selectively installed in buildings in

areas with written approval of the authority having jurisdiction for this code and the provisions of

subsection (b).

(1) EXCEPTION: Wiring between buildings may be buried if enclosed in PVC conduit

or run aerially with approved I.M.S.A. shielded cable(s) subject to approval by the authority

having jurisdiction.

(2) EXCEPTION: For "local" type systems as defined in § 23-28.25-4(a), type FPL

shielded with drain wire may be enclosed within walls and ceilings without a raceway. Each

conductor shall be identified. Suspended drop-in type ceiling assemblies do not constitute a

ceiling for the purpose of this subsection only.

(b) Wiring installation shall meet the following requirements:

(1) For "local" systems as defined in § 23-28.25-4(a), conductors shall be minimum #16

gauge solid copper, type thhn/thwn or tfn.

(2) For "supervised" systems as defined in § 23-28.25-4(b) or "high rise" systems as

defined in § 23-28.25-4(c), conductors shall be minimum #16 gauge solid copper, type thhn/thwn

or tfn.

(3) A cable cutting tool with controlled depth of cut shall be used in all MC cable

installations.

(4) UL listed type MC cable connectors with insulated bushings shall be used in all MC

cable installations.

(5) Conductor size shall be increased as required so as to limit voltage drop to a

maximum of three percent (3%).

(c) The color code for all fire alarm system conductors shall be as follows:

(1) DETECTOR CIRCUIT shall be red and black. Red shall be positive and black shall

be negative. (NFPA IDC)

(2) HORN/STROBE CIRCUIT shall be blue and white. Blue shall be positive and white

shall be negative. When bells, chimes or other audible/visual devices are used in lieu of horns,

this color code shall be followed. (NFPA IAC)

(3) FLASHING STROBE CIRCUIT, if a separate feed is required, shall be orange and

yellow. Orange shall be positive and yellow shall be negative.

(4) SPRINKLER/STANDPIPE CIRCUITS shall be red and black. Red shall be positive

and black shall be negative.

(5) SMOKE DETECTOR CIRCUITS, if a separate power feed is required, shall be

brown and violet. Violet shall be positive and brown shall be negative.

(6) ELECTRO-MAGNETIC DOOR HOLDERS - BACK CIRCUITS shall be gray and

gray.

(7) MUNICIPAL MASTER BOX TRIPPING CIRCUITS shall be orange and orange.

Conductors for this circuit shall be installed in a separate raceway.

(8) ELEVATOR CAPTURE CIRCUITS shall be brown and yellow.

(9) FAN SHUT-DOWN CIRCUITS shall be orange and yellow.

(10) REMOTE ANNUNCIATOR CIRCUITS shall be violet and numbered at each end.

(11) BOND WIRES from the control panel to the master box ground rod, and all required

bonding conductors shall be green.

(12) MUNICIPAL FIRE ALARM LOOP from the master box to the municipal loop shall

be black and white.

(13) AC SUPPLY CIRCUIT to the main fire alarm control panel shall be white, black

and red. The black shall be one phase, and the red shall be the opposite phase, if required. The

white shall be the neutral. If a separate feed is required for the battery charger, it shall be black

and white unless the main fire alarm control panel requires only one AC feed. In that case, the

conductors to the battery charger shall be red and white.

(d) Primary AC power and/or battery charger circuits shall be on a dedicated branch

circuit(s). Circuit breaker locks shall be provided. AC and DC portions of the system shall be

installed in separate raceways.

(e) Any fire alarm wiring between the control panel and remote terminal cabinets, or

between remote terminal cabinets may, at the option of the installer, be a multi-conductor cable

with each conductor numbered at two-inch (2") intervals. All wiring from a terminal cabinet(s) to

an alarm device(s) shall conform to the color code specified before herein. Terminal cabinets with

hinged, lockable red covers shall be provided at all junction points. All conductor splices shall be

made on screw-type terminal blocks; wire nuts, butt, crimp or screw type connectors shall not be

used. All terminals within a terminal cabinet shall be properly labeled.

(f) Spacing and location of thermodetectors or smoke detectors required by the Fire

Safety Code shall be in accordance with NFPA 72E, 1987 edition.

History

23-28.25-7. Connection to fire department. -- (a) If a supervised fire alarm system

required by this chapter is to be installed in a building in a city, town, or fire district having a

municipal alarm system, the system within the building shall be connected into the municipal

system via a local energy master box, auxiliary transmitter, radio master box, or other approved

method so that any alarm within the building will be automatically relayed to the municipal fire

department. Systems installed in buildings in a city, town, or fire district not having a municipal

alarm system shall be connected to a remote station via a supervised leased telephone line (or

other line).

(b) In either event, the authority having jurisdiction shall be consulted as to the type and

location of the master box or auxiliary transmitter or the location of the remote station.

23-28.25-8. System acceptance. -- (a) A pretest will be held with the installer and the

manufacturer's technical representative present. In addition to the requirements listed below, the

pretest shall demonstrate that each smoke detector is operative and produces the intended

response. Each smoke detector is tested in accordance with the manufacturer's recommendations

to initiate an alarm at its installed location. After certification of a complete pretest, the installing

contractor shall provide the authority having jurisdiction with written documentation, from the

manufacturer's authorized representative of the outcome of the test and will re-inspect in the

presence of the authority having jurisdiction and the manufacturer's authorized technical

representative. A complete test shall be conducted as follows: the installing contractor, in the

presence of a representative of the authority having jurisdiction, shall manually operate every

manual fire alarm station, activate every rate of rise type thermodetector with heat, manually

operate or electrically short out every fixed temperature thermodetector, actuate every smoke

detector with smoke in accordance with the manufacturer's recommendations to demonstrate that

smoke can enter the chamber and initiate an alarm, activate all automatic extinguishing system

switches and activate every water sprinkler/standpipe flow switch by a flow of water.

(b) After installation and before the system acceptance test is performed, a copy of the

testing and service contract will be furnished to the authority having jurisdiction by the owner or

contractor. The contractor shall prepare and submit a single line diagram of each installation, as

built, indicating wiring between equipment and locations of panels, manual pull stations,

detectors, and other devices to the authority having jurisdiction.

(c) Each manual fire alarm station, thermodetector, smoke detector, extinguishing system

switching circuits, flow switch circuit and each alarm horn/strobe circuit shall be opened in at

least two locations to test for the correctness of the supervisory circuitry. All communications

shall be tested completely. The fire alarm system shall be in accordance with this chapter and in

one hundred percent (100%) operation prior to acceptance and/or issuance of a certificate of

occupancy.

(d) The fire alarm system may be placed in operation prior to acceptance if in the

opinion of the authority having jurisdiction, it will enhance public safety or provide property

protection during the final phases of construction. In this case all devices will be thoroughly

cleaned or replaced prior to the system acceptance test. The system will not be placed in

operation without the written permission of the authority having jurisdiction. Under no

circumstances will this be considered a final acceptance test.

23-28.25-9. Maintenance of the system. -- Owners of buildings where systems are

installed shall ensure that the systems and all of their components are in one hundred percent

(100%) operating condition at all times and provide a twenty-four (24) hour emergency service

number at the fire alarm panel. Owners of buildings where systems are installed shall provide

written evidence to the authority having jurisdiction that there is a maintenance and testing

program in force for the fire alarm system providing for periodic testing of the system. All

systems except a system as described in § 23-28.25-4(a) with six (6) or less initiating devices

shall be tested at least once every three (3) months with twenty-five percent (25%) of all manual

stations, thermodetectors, smoke detectors and other devices operated with each test. A different

twenty-five percent (25%) of the above mentioned devices will be operated at each inspection so

that the entire system will have been tested at the end of each year. A system as described in § 23-

28.25-4(a) with six (6) or less initiating devices shall require a full system test once every six (6)

months. The person(s) or firm responsible for this testing shall be licensed as required by chapter

6 of title 5. The licensing requirements shall not apply to the fire department officer in charge of

the scene to operate, reset or disconnect the fire alarm system as required by the authority having

jurisdiction. Certification of these tests shall be forwarded to the authority having jurisdiction

from the person(s) or firm performing the test within ten (10) days of the completion of the test.

The person(s) or firm performing the maintenance and testing of the fire alarm system shall notify

the authority having jurisdiction within five (5) days, in writing, after the cancellation of a

maintenance/testing agreement with the building owner. Any existing unaltered fire alarm system

installed in accordance with previous state fire codes shall be maintained and tested in accordance

with this section. It shall be the building owner's responsibility to certify periodic compliance

with this section.

     SECTION 29. Chapter 23-28.26 of the General Laws entitled “Dip Tanks Containing

Flammable or Combustible Liquid” is hereby repealed in its entirety.

CHAPTER 23-28.26

Dip Tanks Containing Flammable Or Combustible Liquid

23-28.26-1. Applicability - Standard - Enforcing authority. -- (a) This chapter shall

apply to the design, equipment, installation, maintenance, and use pertaining to tanks, vats, and

containers of flammable or combustible liquids in which articles or materials are immersed for

the purpose of coating, finishing, treating, or similar processes, which shall be in accordance with

N.F.P.A. Standard 34, 1989 edition.

(b) For the purposes of this chapter, the enforcing authority shall be the authority having

jurisdiction.

      SECTION 30. Chapter 23-28.27 of the General Laws entitled “Spray Application

Using Flammable or Combustible Material” is hereby repealed in its entirety.

CHAPTER 23-28.27

Spray Application Using Flammable Or Combustible Material

23-28.27-1. Applicability - Standard - Enforcing authority. -- (a) This chapter shall

apply to the design, equipment, installation, maintenance, and use pertaining to the application of

flammable and combustible material when applied as a spray by compressed air, airless, or

hydraulic atomization, or by steam or electrostatic method or by any other means in continuous or

intermittent process. It also covers the application of combustible powders when applied in power

spray guns or electrostatic fluidized beds, which shall be in accordance with N.F.P.A. Standard

33, 1989 edition.

(b) For the purposes of this chapter, the enforcing authority shall be the authority having

jurisdiction.

     SECTION 31. Sections 23-28.28-1, 23-28.28-17 and 23-28.28-22 of the General Laws in

Chapter 23-28.28 entitled “Explosives” is hereby amended to read as follows:

23-28.28-1. Definitions. -- (a) "Blasting caps" mean thin copper shells containing dry

fulminate of mercury or other similar substance either alone or in combination with fulminate of

mercury and fired by a slow-burning safety fuse, or arranged to be fired by an electric current.

(b) (a) "Boosters" mean a casing containing several ounces of a high explosive used to

increase the intensity of explosion of the detonator of a detonating fuse.

(c) "Cordeau detonant" means a drawn-lead tube fuse containing trinitrotoluene.

(d) (b) "Dealer" means any person, not a manufacturer, engaged in the business of

buying and selling explosives other than empty cartridge shells (primed), percussion caps, small

arms ammunition, small arms primers, and smokeless powder for small arms.

(e) "Delay electric igniters" mean small metal tubes containing a wire bridge in contact

with a small quantity of ignition compound.

(f) "Detonating fuses" mean devices to detonate the high explosive bursting charges of

projectiles, mines, bombs, torpedoes, and grenades.

(g) "Detonators" mean any device for the purpose of exploding an explosive charge, and

shall include blasting caps, blasting caps with safety fuse, electric blasting caps, detonating fuses,

and boosters.

(h) "Efficient artificial barricade" means an artificial mound or properly revetted wall of

earth of a minimum thickness of not less than three feet (3').

(i) (c) "Electric squibs" mean small tubes or blocks containing a small quantity of

ignition compound in contact with a wire bridge.

(j) "Empty cartridge bags - black-powder igniters" mean empty bags having attached

thereto an igniter composed of black powder.

(k) "Empty cartridge shells, primed," and "empty grenades, primed" mean empty

cartridge shells or grenades containing an ignition primer.

(l) (d) "Explosive bombs" mean any explosive or incendiary material designed and

constructed that when dropped, thrown, projected, or placed and initiated in any particular

manner, will produce a violent release of high pressure and/or heat.

(m) (e) "Explosive mines" mean metal containers filled with a high explosive and

provided with a detonating device.

(n) (f) "Explosive projectiles" mean metal shells loaded with explosives for use in

cannon.

(o) (g) "Explosive torpedoes" mean metal devices containing a means of propulsion and

a quantity of high explosives.

(p) "Explosives" means gunpowders, powders used for blasting, high explosives,

blasting materials, fuses other than electric circuit breakers, detonators and other detonating

agents, smokeless powder, and any chemical compound or any chemical mixture containing any

oxidizing and combustible units, or other ingredients in such proportions, quantities, or packing

that ignition by fire, friction, concussion, percussion, or detonation of any part thereof may and is

intended to cause an explosion but shall not include petroleum products, turpentine, acetone,

ethyl, ether, and benzol. Firecrackers, matches, empty cartridge shells (primed), percussion caps,

small arms ammunition, small arms primers, and smokeless powder for small arms shall not be

held to be explosives when the individual units contain any of the above-mentioned articles in

such limited quantity or of such nature and in such packing that it is impossible to produce an

explosion of the units to the injury of life, limb, or property.

(q) "Fuse lighters" and "fuse igniters" mean small cylindrical hollow pasteboard or metal

tubes containing an igniting composition in one end, the other end being open.

(r) "Grenades" mean metal or other devices containing an explosive for the purpose of

liberating toxic gases, tear gases, or incendiary or smoke producing materials, and shall include

hand grenades and rifle grenades.

(s) "High explosives" mean any explosive more powerful than low explosives or

ordinary black powder, except smokeless powder and fulminates, and shall include dynamite,

picric acid, picrates, chlorate powders, nitrate of ammonia powders, trinitrotoluene, dry

nitrocellulose, dry nitrostarch, and any other explosive susceptible to detonation by a blasting cap.

(t) "Instantaneous fuse" means cotton yarns impregnated with meal powder.

(u) "License" shall mean the authority granted by the state fire marshal, in writing, for an

individual to use explosives. A license for the use of explosives shall not be issued until the

applicant exhibits suitable competency and proficiency and shall submit to such examination and

test as the state fire marshal may prescribe. Before the licensee may use explosives he or she must

apply to the state fire marshal for a permit for such use. At the discretion of the state fire marshal

he or she may enter into reciprocal agreements with other states as to the licensing of blasters.

(v) "Low explosives" mean any explosive which cannot be detonated by a commercial

blasting cap, and shall include sporting cannon, and blasting powders, flash powder sheets in

bulk, flash powders packed in inner units exceeding two (2) ounces each, and flash powder or

spreader cartridges exceeding seventy-two (72) grains each.

(w) (h) "Manufacturer" means any person who is engaged in the manufacture of

explosives or who otherwise produces any explosives. Persons reloading small arms ammunition

shall not be considered as manufacturers.

(x) (i) "Person" means any individual, partnership, association, or corporation.

(y) "Portable magazine" means a substantial wooden box covered with galvanized sheet

metal not less than twenty-six (26) gauge, with the word "EXPLOSIVES" in letters not less than

six inches (6") in height painted conspicuously on the top thereof.

(z) (j) "Primers," "percussion fuses," "combination fuses," and "time fuses" mean

devices used to ignite powder charges of ammunition or the black-powder bursting charges of

projectiles.

(aa) "Safety squibs" mean small paper tubes containing a small quantity of black

powder.

(bb) (k) "Small arm primers" and "percussion caps" mean primers used for small arms

ammunition.

(cc) (l) "Small arms ammunition" means any cartridge or shell for use in a pistol, rifle, or

shotgun, and shall include ball, shot, or blank cartridges or shells.

(dd) "Smokeless powder" means a propellant explosive from which there is little or no

smoke when fired, and shall include smokeless powder for cannon and smokeless powder for

small arms.

(ee) (m) "State fire marshal" shall mean the state fire marshal or his or her designee.

(ff) "Tracer fuses" mean devices attached to projectiles and containing a slow-burning

composition.

23-28.28-17. Reports. -- All persons manufacturing, keeping, storing, using, selling,

handling, transporting, or otherwise dealing in Class A or Class B explosives as defined in § 23-

28.28-16 shall make reports to the fire marshal and the local fire and police chiefs so that the

quantity and location thereof may be recorded. The reports shall be made in such format as the

state fire marshal shall prescribe and shall be filed on the first day of each month or more often

when required.

23-28.28-22. Storage and transportation of explosives on water. -- No person shall

store or transport any Class A or Class B explosives on the water of this state unless stored and

transported in accordance with U.S. Coast Guard regulations.

     SECTION 32. Sections 23-28.28-16, 23-28.28-20, 23-28.28-21, 23-28.28-23, 23-28.28-

24, 23-28.28-25, 23-28.28-28, 23-28.28-29, and 23-28.28-30 of the General Laws in Chapter 23-

28.28 entitled “Explosives” are hereby repealed.

23-28.28-16. Classification of explosives. -- (a) In this chapter, explosives are classed

as:

(1) Dangerous explosives;

(2) Less dangerous explosives; and

(3) Relatively safe explosives.

(b) Class A (dangerous explosives) shall include: Ammunition for cannon with explosive

projectiles; ammunition for cannon with gas projectiles; ammunition for cannon with smoke

projectiles; ammunition for cannon with incendiary projectiles; black powder, except in

manufacturer's containers, not exceeding one pound in capacity, and limited to five (5) one pound

containers in a person's possession, and except persons holding either manufacturer's or dealer's

permit blasting caps in quantity exceeding one thousand (1,000) caps in the aggregate; electric

blasting caps in quantity exceeding one thousand (1,000) caps in the aggregate; boosters

(explosive); detonating fuses; explosive bombs; explosive mines; explosive projectiles; explosive

torpedoes; hand grenades; high explosives; low explosives; rifle grenades; wet fulminate of

mercury.

(c) Class B (less dangerous explosives) shall include: Ammunition for cannon with

empty projectiles; ammunition for cannon with sand-loaded projectiles; ammunition for cannon

with solid projectiles; ammunition for cannon without projectiles; smokeless powder for cannon;

smokeless powder for small arms, in quantities exceeding one hundred (100) pounds and all

commercial type fireworks.

(d) Class C (relatively safe explosives) shall include: Blasting caps in quantity not

exceeding one thousand (1,000) caps in the aggregate; blasting caps with safety fuse in quantity

not exceeding one thousand (1,000) caps in the aggregate; electric blasting caps in quantity not

exceeding one thousand (1,000) caps in the aggregate; cannon primers; combination fuses;

combination primers; cordeau detonant, delay electric igniters; electric squibs; empty cartridge

bags - black-powder igniters; empty cartridge shells, primed; empty grenades, primed; fuse

igniters; fuse lighters; instantaneous fuses; percussion caps, percussion fuses; safety squibs; small

arms ammunition; small arms primers; time fuses; tracer fuses; smokeless powder for small arms

in quantities not exceeding one hundred (100) pounds, and in individual manufacturer's

containers of not more than fifteen (15) pounds each in a person's possession.

23-28.28-20. Storage of explosives on land. -- (a) All Class A and Class B explosives,

except as herein otherwise provided, shall be stored in a magazine which shall be located as

required by the table in § 23-28.28-21, provided that if a magazine is to be used exclusively for

the storage of Class B explosives, such magazine may be located one-half (1/2) the distance

specified in the table in § 23-28.28-21.

(b) Magazines in which explosives are kept and stored must be detached from other

structures. Magazines where more than five thousand pounds (5,000 lbs) of explosives are kept

and stored must be located at least two hundred feet (200') from any other magazine, except cap

magazines. Magazines where quantities of explosives over twenty-five thousand pounds (25,000

lbs) are kept and stored must have an increase over two hundred feet (200') of two and two-thirds

feet (22/3') for each one thousand pounds (1,000 lbs) of explosives in excess of twenty-five

thousand pounds (25,000 lbs) stored therein. The distances between magazines provided for in

this subsection may be disregarded where the total quantity stored in the magazines, considered

as a whole, complies with the quantity and distance table in § 23-28.28-21, except that, in all

cases, the quantity of explosives contained in cap magazines shall govern in regard to spacing the

cap magazines from magazines containing other explosives, but under no circumstances shall a

magazine containing blasting caps be within less than one hundred feet (100'), not barricaded or

fifty feet (50'), barricaded, from any magazine other than cap magazines.

(c) Whenever a magazine is effectually screened from a building, railroad, or highway,

either by natural levels of the ground, or by an efficient artificial barricade of such height that any

straight line drawn from the top of any sidewall of the magazine to any part of the building to be

protected will pass through the intervening natural or efficient artificial barricade, and any

straight line drawn from the top of any sidewall of any magazine to any point twelve feet (12')

above the center of the railroad or highway to be protected will pass through the intervening

natural or efficient artificial barricade, the applicable distances, as prescribed by the quantity and

distance table, and the distances separating magazines may be reduced one-half (1/2).

(d) Fulminate of mercury in bulk in an amount not exceeding fifteen hundred (1,500)

pounds at any one time shall, except at a manufactory, be stored in a wet condition and shall

contain not less than twenty-five percent (25%) of water.

(e) Guncotton, containing not less than twenty percent (20%) of water, may be stored in

an amount not exceeding two hundred fifty thousand (250,000) pounds at any one time in a

building, provided the building is used exclusively for that purpose.

(f) Soluble or negative cotton in dry form may be kept for sale in a wholesale drug or

photographic supply store in an amount not exceeding six (6) pounds at any one time in packages

containing not more than one ounce each, and may be kept for sale in a retail photographic supply

store in an amount not exceeding two (2) pounds at any one time, in packages containing not

more than one ounce each.

(g) Liquid nitroglycerin shall not be stored, except in the form of the official United

States pharmacopoeia solution, and may be kept in a weak solution of not more than one percent

(1%) for medicinal use.

(h) Nitroglycerin may be kept for medicinal use in the form of tablets, pills or granules in

quantity not exceeding five thousand (5,000) pieces at any one time, and containing not more

than one twenty-fifth (1/25) of a grain each.

23-28.28-21. Table. -- Table Giving the Distance a Magazine Must Be Kept

from the Nearest Building, Railway, or Highway Quantity of detonators or amount of Class A

and Class B explosives stored in a magazine.

23-28.28-23. Standards for magazines. -- Magazines required for explosives shall be in

compliance with federal explosive storage requirements, regulation number 27 CFR, § 181,

subpart J-storage as promulgated by the bureau of alcohol, tobacco and firearms of the

department of the treasury.

23-28.28-24. Transportation of explosives. -- (a) When any Class A or Class B

explosives are to be transported within this state, the explosives shall be packed in strong wooden

boxes or cases suitable for the purpose and shall bear a label stating the kind of explosive therein.

All boxes or cases containing any high explosives shall be plainly marked with the words "HIGH

EXPLOSIVE - DANGEROUS."

(b) No Class A or Class B explosives shall be carried or transported in any public

conveyance through any street, tunnel, subway, right-of-way, or on an elevated structure.

(c) All Class A and Class B explosives transported by a vehicle shall be carried in a

magazine or compartment constructed in compliance with federal explosive storage requirements,

regulations number 27 CFR, § 181, subpart J-storage as promulgated by the bureau of alcohol,

tobacco and firearms of the department of the treasury.

(d) A vehicle used for the transportation of Class A or Class B explosives shall have a

strong substantial body, spring-mounted on a strong running gear, and shall be suitable for the

purpose.

(e) The operator of a vehicle carrying Class A or Class B explosives shall avoid,

whenever possible, those streets on which there is a large number of persons, and the operator

shall at no time leave such vehicle unattended.

(f) No vehicle containing high explosives shall be driven along any street, avenue, or

highway over which there is an elevated railway, except when necessary to reach the destination.

(g) Vehicles containing Class A or Class B explosives in transit shall not be driven

nearer than three hundred feet (300') of each other.

(h) Each vehicle carrying more than two thousand (2,000) pounds of high explosives

shall be continuously in the charge of one competent person and no other person shall be allowed

in or upon the vehicle.

(i) Any vehicle used for the transportation of Class A or Class B explosives shall carry

signs that are in compliance with the U.S. department of transportation regulations regarding such

signs and shall also have the owner's name painted on each side.

(j) No metal tools or other pieces of metal, excepting such as may be necessary for the

proper operation of the vehicle shall be carried on any vehicle carrying or transporting any high

explosive.

(k) All detonators carried or transported on the same vehicle or vessel which is carrying

or transporting any other Class A explosives, shall be carried in a separate magazine.

(l) Not more than thirty thousand (30,000) detonators, nor more than five thousand

(5,000) pounds of other Class A explosives shall be transported on a vehicle at any one time

through any street or public way except for a manufacturer who is regulated by the U.S.

department of transportation.

(m) All vehicles used for the transportation of Class A or Class B explosives shall be

subject to annual inspection by the state fire marshal's office and a permit issued stating that the

vehicle meets the requirements of this section. There shall be a thirty dollar ($30.00) permit fee.

(n) All fees collected pursuant to this section shall be deposited as general revenue.

23-28.28-25. Miscellaneous packaging and handling provisions - Reports of theft -

Prohibited sales -- (a) All cartridges exceeding four inches (4") in length, except gelatin

dynamite, or high explosives containing not more than ten percent (10%) of a liquid explosive

ingredient, shall be placed horizontally in boxes when in a magazine or in transit.

(b) Detonators shall be kept away from electric wires or cables which may be carrying

current.

(c) Explosives to which any detonator is attached for other than immediate use shall not

be possessed by any person.

(d) Cases containing high explosives shall not be opened in a magazine.

(e) In the opening of wooden boxes containing explosives, a wooden mallet and wooden

wedge shall be used.

(f) The loss by theft of any Class A or Class B explosives from a magazine shall be

immediately reported to the authority which issued the permit.

(g) No Class A, Class B or Class C explosives shall be sold or exposed for sale on any

highway, street or public way.

(h) No Class A or Class B explosive shall be sold to any minor under eighteen (18) years

of age.

23-28.28-28. Owner to inspect transporting vehicles. -- It shall be the duty of the

person to whom a permit has been issued to transport explosives in vehicles of this classification

to inspect daily or cause to be inspected daily those vehicles employed by him or her to determine

that:

(1) Fire extinguishers are filled and in operating condition.

(2) Electric wires are insulated and securely fastened to prevent short circuits.

(3) The motor, chassis, and body are reasonably clean and free of excess grease and oil.

(4) The fuel tank and fuel lines are securely fastened and not leaking.

(5) Brakes, lights, horn, windshield wiper, and steering mechanism are functioning

properly.

(6) Tires are properly inflated and free of defects.

(7) The vehicles shall be in proper condition in every other respect and acceptable for

handling explosives.

(8) All warning signs are clean and clearly legible.

23-28.28-29. Fire extinguishers. -- Each of the vehicles described in § 23-28.28-28

shall be equipped with two approved fire extinguishers carrying a minimum rating of 1A-10BC

each and approved by a fire equipment testing laboratory recognized by the state fire marshal.

23-28.28-30. Drivers of vehicles transporting blasting agents. -- Vehicles transporting

blasting agents shall only be driven by and be in the charge of a licensed driver who is physically

fit, careful, capable, reliable, able to read and write the English language proficiently, and not

addicted to the use, or under the influence of intoxicants, narcotics, or drugs, and not less than

twenty-one (21) years of age. The driver shall be familiar with the traffic regulations, state laws,

and the provisions of this chapter.

     SECTION 33. Chapter 23-28.29 of the General Laws entitled “Model Rocket Engines” is

hereby repealed in its entirety.

CHAPTER 23-28.29

Model Rocket Engines

23-28.29-1. Legislative findings. -- It is recognized that the pursuit of the hobby of

flying model rockets by the citizens of the state is desirable for both educational and recreational

benefits derived. Many schools have established courses of instruction which include within the

framework of their curriculum the construction, testing, launching, and study of model rockets,

and it is deemed and hereby decreed proper and appropriate that, in order to protect the health and

welfare of the general public and for the preservation of property within the state, the general

assembly shall cause the sale and use of model rocket engines to be regulated and controlled.

23-28.29-2. Sale and use of rocket engines. -- No model rocket engine as defined in §

23-28.29-3 shall be sold or offered for sale, or otherwise transferred, and no model rocket engine

shall be ignited or used or caused to be ignited or used, except in accordance with this chapter,

and the rules and regulations promulgated by the state fire marshal, or his or her duly authorized

deputy, both hereinafter referred to as "state fire marshal" in this chapter.

23-28.29-3. "Model rockets" defined. -- "Model rockets" are defined as

nonprofessional rockets which are propelled by approved commercially manufactured solid

propellant engines.

23-28.29-4. "Model rocket engine" defined. -- "Model rocket engine" is a

commercially manufactured, non-reusable rocket propulsion device constructed of a nonmetallic

casing and solid propellant wherein all of the ingredients are self-contained so as not to require

mixing or handling by the user. The propellant charge shall not exceed two and two tenths (2.2)

ounces.

23-28.29-5. Engine standards. -- No model rocket engines shall be sold or used as

provided in this chapter, unless they shall be manufactured and classified in accordance with the

recommendations of the national fire protection association. Each model rocket engine shall be

imprinted with this standardized classification.

23-28.29-6. Use. -- Model rocket engines shall be used only in model rockets

conforming to the provisions of § 23-28.29-2. This section does not prevent the state fire marshal,

with written approval of the fire official of the city or town, from authorizing the use of classified

model rocket engines for educational, meteorological, and technical industrial purposes.

23-28.29-7. Permit to sell. -- (a) No person who sells at retail shall receive, possess, or

sell any model rocket engines without first securing a permit issued to that person by the fire

official having the responsibility for the suppression and prevention of fire in the city or town

where the model rocket engine is to be sold in accordance with the regulations to be promulgated

under this chapter by the state fire marshal. The model rocket engine user is prohibited from

selling engines in his or her possession to any other person.

(b) In any city or town in which there exists no organized fire protection agency

responsible for the protection of the area, fire official for the purpose of this section shall be the

state fire marshal.

23-28.29-8. Application. -- Application for a permit to "sell at retail" model rocket

engines shall be made to the fire official having the responsibility for the prevention and

suppression of fire in the city or town in which the model rockets are to be sold. Application shall

be made in writing upon a form prescribed by the state fire marshal.

23-28.29-9. Minimum age for possession or purchase. -- No model rocket engines

shall be sold, given, or delivered to any person under eighteen (18) years of age, except that

model rocket engines bearing the standardized engine coding 1/4A, 1/2A, A, B, and C may be

sold to any person not less than fourteen (14) years of age, who is accompanied by a parent or

guardian at the time of purchase. A person between the ages of fourteen (14) years and eighteen

(18) years may purchase model rocket engines for a period of one year from the date of filing

with the retail seller of a statement by the purchaser's parent or guardian on a form approved by

the state fire marshal, certifying to the consent of the parent or guardian to the purchase by that

person of model rocket engines from the seller for a period of one year.

23-28.29-10. Protection of persons near launching device. -- (a) No person other than

the user and members of the user's model rocket club or organization, if any, shall be permitted

within one hundred feet (100') of the launching device.

(b) Except for those persons actually participating in the firing, no member of the club or

organization, if any, which is firing "model rockets," shall be permitted within twenty-five feet

(25') of the launching device at the time of ignition.

23-28.29-11. Possession. -- The model rocket engine user shall keep all model rocket

engines in his or her possession from the time of purchase to the time when the engine is installed

in the model rocket during the preparation for firing.

23-28.29-12. Use as a weapon. -- A model rocket shall not be used as a weapon against

ground or air targets.

23-28.29-13. Supervision of arming, firing, and disposal of rocket engines. -- The

user of the model rocket shall supervise the arming of the rocket with the rocket engine, and the

firing and disposing of all fired or defective rocket engines. The user of the firing site shall be

responsible for the safety of all spectators and other persons connected with the firing of model

rockets.

23-28.29-14. Revocation of permits and authorized use of firing areas. -- The state

fire marshal or the fire official may immediately revoke a permit to sell model rocket engines at

retail if he or she finds that those persons granted a permit have violated this chapter or the

regulations promulgated under this chapter by the state fire marshal. The fire official having the

responsibility for the suppression and prevention of fire in the city or town where the model

rocket engine is to be used may immediately prohibit the use of a firing area if he or she finds

those persons authorized to fire model rockets have created an undue hazard to life and property.

23-28.29-15. Experimental or amateur rocket engines - Possession and use of model

rockets by schools. -- The provisions of this chapter shall not be used to establish the authority to

possess, launch, or use experimental or amateur rocket engines, nor to abridge the right of a bona

fide school to possess and use model rockets in connection with a regular course of instruction

within its curriculum, and under the direct supervision of a teacher regularly employed by that

school.

23-28.29-16. Regulations and standards by fire marshal - Issuance of copies of this

chapter and regulations. -- (a) The state fire marshal is hereby authorized to issue regulations

relating to the enforcement and application of the provisions of this chapter, including, but not

limited to, the standards to be followed by fire officials in granting permits to sellers, the

requirements for the testing of model rocket engines, and the determination of standards of

design, weight, and power permitted to be used in model rockets under this chapter.

(b) All regulations so promulgated shall be printed and issued to all licensed retail sellers

for distribution to purchasers of model rocket engines. A copy of this chapter shall also be

available for inspection by purchasers at the retail seller's place of business, and shall be kept in a

conspicuous place upon or near the counter or area from which model rocket engines are sold.

23-28.29-17. Penalty for violation. -- Any person or corporation who shall violate any

of the provisions of this chapter shall be guilty of a misdemeanor and shall be liable to a fine of

not more than one hundred dollars ($100) or imprisonment for a period of thirty (30) days, or

both.

     SECTION 34. Chapter 23-28.30 of the General Laws entitled “Community Residences

for the Mentally Retarded, Mentally Ill, Drug Abusers, and Alcoholics” is hereby repealed in its

entirety.

CHAPTER 23-28.30

Community Residences For The Mentally Retarded, Mentally Ill, Drug Abusers, And Alcoholics

23-28.30-1. "Community residence" defined. -- As used in this chapter:

(1) A "community residence" is defined as a community based residential facility. A

community residence operates twenty-four (24) hours a day to provide room, board, and

supportive services to less than twenty (20) persons who are mentally retarded, mentally ill, drug

abusers, and/or alcoholics and who are in need of those services.

(2) A "community residence" would include, but not be limited to, the group home,

hostel, or half-way house. This definition does not include nursing homes or other forms of

facilities which are primarily directed toward meeting the health or health related and/or medical

needs of the resident.

23-28.30-2. Applicability. -- The regulations contained in this chapter shall apply to all

community residences as defined in § 23-28.30-1.

23-28.30-3. Use of existing community residences of combustible construction. -- In

combustible buildings presently used as community residences, the first and second stories may

be used as such. Use of the third story will be limited to staff occupancy unless the building is

completely protected by a system of automatic sprinklers installed and maintained in accordance

with proper and acceptable standards. No building may be used as a community residence if it is

more than three (3) stories in height above the ground and is of combustible construction. An

unoccupied area immediately below the roof shall not be considered as a story in the application

of this section.

23-28.30-4. New construction - Additions - Conversions. -- Every community

residence hereafter constructed, every addition hereafter made to a community residence, and

every building hereafter converted for use in whole or in part as a community residence, shall be

completely protected by an approved system of automatic sprinklers, installed and maintained in

accordance with N.F.P.A. Standard 13, 1989 edition and its related standards.

23-28.30-5. Roofs. -- Roofs of community residences shall be covered with roofing

which is not readily flammable.

23-28.30-6. Egress facilities required. -- Each story of every building used as a

community residence shall have at least two (2) approved means of egress. Exits shall be located

remote from each other providing the best practicable means of egress for all occupants in the

event fire renders one exit impassable. Each occupied room shall have at least one doorway

opening directly to the outside or to a corridor leading directly to, or by stairway to the outside.

23-28.30-7. Egress passageways. -- (a) In existing buildings, corridors and

passageways shall be not less than thirty-two inches (32") in width. In new buildings, corridors

and passageways shall be not less than thirty-six inches (36") in width.

(b) Corridors and passageways considered as approved means of egress shall be at least

eighty-four inches (84") in height.

(c) Access to all interior and outside stairways, to fire escapes, and other exits considered

as means of egress, shall be unobstructed and shall not be through a bathroom or a room used for

any other purpose that may obstruct free passage, nor shall access be veiled from open view by

ornamentation, curtains, or other appurtenances.

23-28.30-8. Stairways. -- (a) Stairways in approved egress passages in existing

buildings shall be not less than thirty-two inches (32") in width and in new buildings and

additions to existing buildings, such stairways shall be not less than thirty-six inches (36") in

width between handrails.

(b) All stairways in egress passages shall have a suitable handrail on one side.

(c) Landings in new buildings forty-four inches (44") in depth and at least width of door

in existing buildings.

(d) Stair treads on inside required egress stairways in building shall be not less than eight

inches (8") in width, exclusive of nosing, and risers shall not exceed eight and one-half inches

(81/2") in height. In new buildings, stair treads shall be not less than nine and one-half inches

(91/2") wide and risers shall not exceed seven and three-fourths inches (73/4") in height.

(e) Ramps may be substituted for stairs in new and existing buildings, and the grade shall

not exceed one foot (1') in ten feet (10') of run.

(f) Winding stairs shall not be allowed in new construction. Winders in existing

buildings shall not exceed a ninety-degree (90ø) turn in otherwise complying stairway.

23-28.30-9. Outside stairways. -- Outside stairways shall be twenty-four inches (24") in

width and constructed and installed in accordance with chapter 28.8 of this title.

23-28.30-10. Vertical openings. -- All interior stairways constituting approved

passageways shall be enclosed and segregated from other portions of the building by materials

with a fire resistant rating of not less than sixty (60) minutes. All other vertical openings

throughout these buildings shall be enclosed by materials with a fire resistant rating of not less

than sixty (60) minutes. Where full enclosure is impracticable, the required enclosure may be

limited to that necessary to prevent a fire originating in any story from spreading to any other

story.

23-28.30-11. Doors, doorways, and transoms. -- (a) All doorways which are an

approved means of egress shall be at floor level in new structures and as near thereto as

practicable in existing structures.

(b) All egress doors to the outside or into stairways or passages leading to the outside

shall open out in the direction of egress travel. There shall be no obstruction at any time to the

opening or closing of egress doors.

(c) All egress doors leading directly outside shall be at least thirty-two inches (32") in

width, in existing buildings. In new buildings egress doors shall not be less than thirty-six inches

(36") in width.

(d) All egress openings shall be equipped so as to ensure opening of the doors by a single

latch with normal strength.

(e) No door shall be equipped with a lock, latch, bolt, or other fastening device which

will allow for locking the door against opening from within or which will require a second

operation or motion to open the door for egress purposes.

(f) Door assemblies in walls or partitions required to be fire-resistive, except doors in

exterior walls, shall have a fire-resistance rating comparable to the related wall construction.

(g) All doorways entering on common use corridors or egress passageways shall be

protected by a substantial door such as a one and three-eighths inch (13/8") solid wood bonded

core door or the equivalent so installed as to provide a reasonably smoke and gas tight barrier.

(h) Transoms and other similar openings in corridors and passageways shall not be

allowed in new constructions. Existing transoms and like openings in corridors and passageways

shall be permanently sealed and made fire-resistant equal to the related door or sidewall opening.

23-28.30-12. Exit signs. -- Illuminated signs shall be placed at each approved means of

egress from each story, and shall be so installed as to be visible at all times from the direction of

travel thereto. When these doorways and signs are not readily discernible from corridors, an

adequate number of additional signs shall be provided with an arrow pointing in the direction of

exit travel.

23-28.30-13. Illumination of exit passages. -- Lighting shall be provided at all times for

the lighting of corridors, stairways, passageways, ramps, and fire escapes.

23-28.30-14. Fire alarms. -- A fire alarm system as prescribed in § 23-28.25-4(b) shall

be installed in every community residence #1.

23-28.30-15. Fire extinguishers. -- All community residences shall be provided with at

least one fire extinguisher on each floor easily accessible to all, which will be subject to annual

inspection. It shall be appropriate for use in the area in which it is located.

23-28.30-16. Fire prevention - Drills. -- There will be twelve (12) fire drills per year

and a written procedure for evacuation. Further, there will be eight (8) hours a year set aside for

staff development regarding fire prevention and safety program. This program must be approved

by the state fire marshal's office.

23-28.30-17. Heating equipment. -- (a) Central heating plants, steam boilers, and oil-

fire water heaters shall be segregated from all other occupancies by walls, ceilings, and floors

having a fire resistant rating of not less than sixty (60) minutes in existing combustible buildings,

and which shall provide a reasonably smoke-tight enclosure. In new construction and in

noncombustible buildings, such enclosure shall be of noncombustible construction having a fire-

resistant rating of not less than two (2) hours.

(b) An enclosure for heating equipment shall be provided with adequate vents direct to

the outside sufficient for proper combustion and exhaust. Ventilating openings shall be provided

having a total area equal to not less than twice the flue outlet of the heating plant; the opening

shall be maintained in an open position with fixed louvres.

(c) Heater rooms shall only contain equipment for heating, water supply, and

switchboard and shall not be used for any other purpose.

(d) Interior door assemblies to heater rooms in combustible buildings shall be of not less

than sixty (60) minute fire resistant construction and shall be equipped with a positive self-closing

device and latch. In new construction, the heater room doors shall be Class "B" type doors

swinging into the heater rooms and equipped with a positive self-closing device. The doors shall

have no hold-open device and shall be kept closed at all times.

(e) The furnaces, boilers, and other fired units shall be vented by means of reasonably

gas-tight smoke pipes or breechings connected properly to a chimney constructed of brick, solid

block masonry, or reinforced concrete with suitable flue lining properly erected and maintained in

a safe condition.

(f) Oil burners shall be equipped with proper devices for automatic lighting, controls for

oil flow and temperature, and other proper safety devices, and shall also be installed with an

auxiliary switch wired to position in location providing operation remote from any fire danger

area.

23-28.30-18. Housekeeping. -All community residences premises and other occupancies

within buildings containing community residences shall be kept clean and in a tidy condition and

free from accumulation of combustible debris or other waste material.

23-28.30-19. Fire stopping. -- Exterior walls of frame construction and interior stud

partitions shall be fire stopped by two-inch (2") thick timber or plate at the ceiling of the

basement.

23-28.30-20. Decorative and acoustical materials. -- All combustible decorative and

acoustical materials, including curtains located in corridors, passageways, stairways, lobbies, and

other rooms or spaces for general boarder or public use shall be rendered and maintained flame-

resistant.

23-28.30-21. Interior finish. -- The interior finish in every community residence shall

be as regulated or modified by the provisions of the description of interior finish in § 23-28.1-5.

Flamespread rate of interior finish throughout shall not be less than Class "C".

23-28.30-22. Exemption. -- Community residences as defined in § 23-28.30-1 shall be

exempt from the provision of § 23-28.1-6.

23-28.30-23. Inspections. -- The director of mental health, retardation, and hospitals

shall make or cause to be made unannounced inspections and investigations at least once every

two (2) months of the community residences. The inspections shall be conducted both as to profit

and non-profit facilities and the results shall be open to public inspection; however, requirements

as to the fire safety code will be deferred in accordance with § 23-28.1-7.

23-28.30-24. Scope of inspections. -- Inspections and investigations shall include health,

sanitation, nursing care, and dietary and any other condition immediately affecting the patients.

23-28.30-25. Time for correction of defects. -- (a) Every organization, corporation or

person who will be inspected or investigated under § 23-28.30-23 will begin to correct health,

sanitation, nursing care, and dietary defects immediately upon notice by the director of mental

health, retardation, and hospitals that the defects exist. Notification will be made by registered

letter return receipt requested from the director of mental health, retardation, and hospitals to the

organization, person, or corporation so inspected.

(b) However, every defect will be fully and wholly corrected within thirty (30) days from

the time of notice unless an extension will be granted for good cause shown but no such extension

will exceed fifteen (15) days.

23-28.30-26. Penalty. -- Every organization, person, or corporation who shall willfully

and continually violate any provisions of §§ 23-28.30-23 and 23-28.30-25 will be subject to a fine

up to three hundred dollars ($300) for each violation thereof.

23-28.30-27. "Community residence II" defined. -- (a) A "community residence II" is

defined as a community based residential facility. A community residence II operates twenty-four

(24) hours a day to provide room, board, and supportive services to eight (8) or less persons who

are mentally retarded, mentally ill, drug abusers, and/or alcoholics who are in need of such

services.

(b) A "community residence II" would include, but not be limited to, the group home,

hostel, or half-way house being used for this purpose. This definition does not include nursing

homes or other forms of facilities which are primarily directed toward meeting the health or

health related and/or medical needs of the resident.

23-28.30-28. Applicability. -- The regulations contained in §§ 23-28.30-23 - 23-28.30-

26 shall apply to all community residences II as defined in § 23-28.30-27.

23-28.30-29. Construction requirements. -- (a) Every community residence II shall be

no more than one story in height.

(b) Every new community residence II shall be completely protected by an approved

system of automatic sprinklers, installed and maintained in accordance with N.F.P.A. Standard

13, 1989 edition and its related standards.

23-28.30-30. Egress facilities required. -- (a) Each community residence II shall have

at least two (2) approved means of egress from an occupied level. Exits shall be located remote

from each other providing the best practicable means of egress for all occupants in the event fire

renders one exit impassable.

(b) Windows may be used as secondary exits provided they meet all of the following

requirements:

(1) The windows must be capable of being opened from the inside without the use of

tools; and

(2) The window must provide a usable opening of not less than twenty inches (20") in

width, twenty-four inches (24") in height and five and three-tenths square feet (5.3 sq. ft.) in area;

and

(3) The window shall be not more than forty-four inches (44") above the floor and not

more than six feet (6') above the adjacent ground level.

(c) If windows are used as a second means of egress, all sleeping rooms must have at

least one window complying with the requirements of subsection (b).

23-28.30-31. Egress passageways. -- Corridors and passageways shall be not less than

thirty-six inches (36") in width. Access to exits shall not be through a room the door to which is

subject to locking.

23-28.30-32. Stairways to basement. -- The stairway to any basement from the

occupied floor of the community residence II shall be enclosed at the top or bottom with one hour

fire resistant materials so that the basement area is segregated from the occupied area.

23-28.30-33. Other vertical openings from basement. -- All other vertical openings

from the basement to the occupied floor in such buildings shall be enclosed by materials with a

fire resistant rating of not less than one hour.

23-28.30-34. Doors and doorways. -- (a) All doorways in an approved means of egress

shall be at floor level and/or grade level or as near thereto as practicable.

(b) Doors to occupied rooms and means of egress shall be not less than thirty inches

(30") in width.

(c) Doorways to sleeping rooms shall be protected by a substantial door such as one and

three-eighths inches (13/8") solid wood bonded core door or the equivalent so installed as to

provide a reasonably smoke and gas tight closure.

(d) No door shall be equipped with a lock, latch, bolt, or other fastening device which

will allow locking the door against opening from within the room or which will require a second

operation or motion to open the door for egress purposes.

23-28.30-35. Fire alarms. -- Smoke detectors shall be installed in accordance with §§

23-28.34-2 - 23-28.34-7.

23-28.30-36. Fire extinguishers. -- All community residences II shall be provided with

at least one fire extinguisher of an approved type in each kitchen and boiler area within the

building. These extinguishers shall be maintained in accordance with N.F.P.A. Standard 10, 1988

edition.

23-28.30-37. Fire drills. -- There shall be a sufficient number of drills held every year to

familiarize each resident with fire prevention and evacuation procedures, but not less than

quarterly. New residents shall be oriented to evacuation procedures immediately.

23-28.30-38. Heating equipment. -- (a) Furnaces, boilers, and other fired units shall be

vented to allow proper combustion and exhaust.

(b) Chimneys, fireplaces, and venting systems shall be installed in accordance with

N.F.P.A. 211, 1988 edition.

(c) Furnaces, boilers, and other fired units shall be equipped with proper devices for

automatic lighting, controls for fuel flow and temperature, and other proper safety devices.

(d) Remote switch shall be installed.

(e) Furnaces, boilers, and other fired units shall not be located within the occupied level.

23-28.30-39. Housekeeping. -- All community residences II premises shall be kept clean

and in a tidy condition and free from accumulation of combustible debris or other waste material.

23-28.30-40. Interior finish. -- Interior finish of occupied spaces in community

residences II facilities shall be Class A, B, or C as defined in § 23-28.1-5.

23-28.30-41. Use of windows. -- Windows may not be used as a means of egress in any

facility housing persons with physical disabilities.

23-28.30-42. Means of egress dimensions. -- Means of egress in community residences

II, housing persons with disabilities shall comply with the dimensions and components specified

in The Americans with Disabilities Act Accessibility guidelines.

     SECTION 35. Chapter 23-28.31 of the General Laws entitled “Horse Stables” is hereby

repealed in its entirety.

CHAPTER 28.31

Horse Stables

PART 1 NEW CONSTRUCTION HOUSING SIXTEEN (16) OR MORE HORSES

23-28.31-1. New construction and additions. -- (a) Every horse stable constructed

after June 4, 1976, and every addition made after June 4, 1976, to an existing horse stable and one

built after June 4, 1976, converted as a horse stable shall be of noncombustible construction

throughout. Smoke barriers shall be installed separating every sixteen (16) stalls.

(b) Each subdivided section shall be provided with adequate roof vents.

(c) Living accommodations shall be separate from the immediate area of the stables.

(d) Heat producing devices such as submersible water heaters, hot plates, etc. shall be

prohibited in stables.

(e) A fire alarm system as prescribed in § 23-28.25-4(b) shall be installed in every horse

stable with sixteen (16) or more stalls.

(f) Horse stables of fewer than sixteen (16) stalls are exempt from the requirements of

this section.

23-28.31-2. Posting no smoking signs. -- "NO SMOKING" signs shall be posted

prohibiting smoking within stalls, shed rows, and general stable area.

23-28.31-3. Fire extinguishers. -- All stables shall be provided with portable fire

extinguishers in accordance with N.F.P.A. Standard 10, 1988 edition.

23-28.31-4. Fire watch. -- A fire watch shall be maintained on a twenty-four (24) hour

basis when the stable area is occupied.

23-28.31-5, Fire lanes. -- Adequate fire lanes shall be provided around each stable and

are to be kept passable at all times.

23-28.31-6, Electrical wiring. -- All electrical wiring shall be in accordance with the

N.F.P.A. Standard 70, 1990 edition.

PART 2 EXISTING CONSTRUCTION HOUSING SIXTEEN (16) OR MORE

HORSES

23-28.31-7. Construction. -- (a) Existing combustible structures shall be protected by a

complete system of automatic sprinklers, or early warning device (U.L.) approved, except

combustible structures segregated by fire walls consisting of not more than sixteen (16) stalls.

(b) Each subdivided section shall be provided with adequate roof vents.

(c) Living accommodations shall be separate from the stables.

(d) Heat producing devices such as submersible water heaters, hot plates, etc. shall be

prohibited in stables.

23-28.31-8. Posting no smoking signs. -- "NO SMOKING" signs shall be posted

prohibiting smoking within stalls, shed rows, and general stable area.

23-28.31-9. Fire extinguishers. -- All stables shall be provided with portable fire

extinguishers in accordance with N.F.P.A. Standard 10, 1988 edition.

23-28.31-10. Fire watch. -- A fire watch shall be maintained on a twenty-four (24) hour

basis when stable area is occupied.

23-28.31-11. Fire lanes. -- Twenty foot (20') fire lanes shall be provided around each

stable and are to be kept passable at all times.

23-28.31-12. Electrical wiring. -- All electrical wiring shall be in accordance with the

N.F.P.A. Standard 70, 1990 edition.

     SECTION 36. Chapter 23-28.32 of the General Laws entitled “Sales Or Leasing And

Servicing Of Portable Fire Extinguishers And Fixed Fire Extinguishing Systems” is hereby

repealed in its entirety.

CHAPTER 23-28.32

Sales or Leasing and Servicing of Portable Fire Extinguishers and Fixed Fire Extinguishing

Systems

23-28.32-1 Purpose. -- The purpose of this chapter is to regulate the sale or leasing and

servicing of portable fire extinguishers, and fixed fire extinguishing systems in the interest of

safeguarding lives and property.

23-28.32-2. Exceptions. -- The activity of filling or charging a portable fire extinguisher

prior to its initial sale by its manufacturer shall not be subject to this chapter. In addition, the

licensing and registration provisions of this chapter shall not apply to any firm which services

only its own portable fire extinguishers for its own use by maintaining its own fire extinguisher

servicing facilities adequate for the purpose and utilizing its own personnel specially trained for

such servicing. The provisions of this chapter do not apply to the installation and/or servicing of

water sprinkler systems installed in compliance with the national fire protection association

standards for the installation of sprinkler systems.

23-28.32-3. Administration. -- The administration of this chapter is vested in the state

fire marshal who shall have the power to issue the proper rules and regulations to administer this

chapter.

23-28.32-4. Definitions. -- (a) "Apprentice" means a specific individual to whom a

permit has been issued by the state fire marshal to perform various acts of service while under the

direct supervision of a person holding a valid license to perform the acts.

(b) "Certificate of registration" means a written document issued by the state fire marshal

authorizing a person, firm, or corporation to engage in the business of installing, servicing,

charging, and repairing fixed fire extinguisher systems and/or portable fire extinguishers.

(c) "Certified firm" means any individual, person, partnership, corporation, or

association holding a current certificate of registration issued by the state fire marshal.

(d) "Department of transportation (D.O.T.) cylinder" means all cylinders manufactured

and tested in compliance with specifications of the United States department of transportation.

(e) "Engineered systems" are those requiring individual calculation and design to

determine the flow rates, nozzle pressures, quantities of extinguishing agents, and the number and

types of nozzles and their placement in a specific system.

(f) "Firm" means any person, partnership, corporation, or association.

(g) "Fixed fire extinguisher system" means a system that contains within it chemicals,

dry powder, fluid, or gases for extinguishing fires.

(h) "Hydrostatic testing" means pressure testing by approved hydrostatic methods.

(i) "Leased" for the purpose of this chapter, means a leased fire extinguisher shall be

treated the same as an extinguisher which has been sold.

(j) "License" means a written document issued by the state fire marshal to any person for

the purpose of granting permission to the person to perform any act or acts for which

authorization is required.

(k) "Licensee" means a specific individual to whom a license has been issued by the state

fire marshal.

(l) "Portable fire extinguishers" means a device that contains within it, chemicals, fluids,

or gases for extinguishing fires, the means for application of its contents to that purpose, and is

capable of being readily moved from place to place.

(m) "Pre-engineered fixed system" are those having predetermined flow rates, nozzle

pressure, and quantities of extinguishing agents. These systems have the specific pipe size,

maximum and minimum pipe lengths, number of fittings, and number and type of nozzles,

prescribed by a nationally recognized testing laboratory. The hazards protected by these systems

are specifically limited as to type and size by a nationally recognized testing laboratory based

upon actual fire tests.

(n) "Recognized testing laboratory" means a nationally recognized testing or any other

testing agency recognized by the state fire marshal.

(o) "Repair" means any work performed to a fixed fire extinguisher system and not

defined as charging, recharging, or hydrostatic testing.

(p) "Service and servicing" means servicing portable fire extinguishers or fixed fire

extinguishing systems by charging, filling, maintaining, recharging, refilling, repairing, testing,

and tagging.

(q) "Test" means to subject any fixed fire extinguisher system to any procedure

necessary to insure its proper operation or installation, and for its approval by the authority

having jurisdiction.

23-28.32-5. Registration and licensing of persons servicing portable fire

extinguishers and/or installing or servicing fixed fire extinguishing systems.

Statute text

(a) Each firm engaged in the business of servicing portable fire extinguishers and/or

installing or servicing fixed fire extinguishing systems shall be required to have a certificate of

registration issued by the state fire marshal.

(b) Each employee, other than an apprentice, of a firm engaged in the business of

servicing portable fire extinguishers, and installing or servicing fixed fire extinguishing systems,

shall be required to have a license issued by the state fire marshal.

(c) Each person servicing portable fire extinguishers or fixed fire extinguishing systems

as an apprentice shall be required to have an apprentice permit issued by the state fire marshal.

(d) Each firm performing hydrostatic testing of fire extinguishers manufactured in

accordance with the specifications of the United States department of transportation (formerly the

interstate commerce commission) shall do so in accordance with the procedures specified by that

department for compressed gas cylinders, and shall be required to have a hydrostatic testing

certificate authorizing the testing issued by the state fire marshal. Persons qualified to do this

work shall be given the authority to do so on their licenses.

23-28.32-6. Selling or leasing of portable fire extinguishers and/or fixed fire

extinguishing systems. -- No portable fire extinguisher or fixed fire extinguishing system shall

be sold or leased in the state unless it is approved, labeled, or listed by a testing laboratory which

is approved by the state fire marshal as qualified to test portable fire extinguishers and fixed fire

extinguishing systems.

23-28.32-7. Prohibition against servicing portable fire extinguishers and fixed fire

extinguishing systems by unlicensed personnel. -- (a) Except as provided in § 23-28.32-2, only

the holder of a current and valid license, or of an apprentice permit issued under this chapter, may

service portable fire extinguishers, and/or fixed fire extinguishing systems.

(b) A person who has been issued a license under this chapter to service portable fire

extinguishers, and/or fixed fire extinguishing systems must be an employee, agent, or servant of a

firm that holds a certificate of registration, or the licensee himself or herself must hold a

certificate of registration issued under this chapter.

23-28.32-8. Application and hearings on licenses, permits, and certificates. -- (a)

Applications for licenses, permits, and certificates under this chapter shall be made pursuant to

regulations adopted by the state fire marshal as those regulations may from time to time be

amended by him or her.

(b) The state fire marshal shall have the authority to conduct hearings or proceedings

concerning the suspension, revocation, or refusal of the issuance or renewal of licenses,

apprentice permits, hydrostatic testing certificates, certificates of registration, or approval of

testing laboratories issued under this chapter or application therefor, and to suspend, revoke,

refuse to renew, or refuse to issue the licenses, permits, or certificates.

23-28.32-9. Penalties. -- Those persons found to be in violation of this chapter shall be

subject to the penalties as defined in § 23-28.32-11.

23-28.32-10. Power and duties of the state fire marshal. -- (a) The state fire marshal

shall exercise the following functions, powers and duties:

(1) To formulate and administer such rules and regulations as he or she may determine

necessary for the protection and preservation of life and property in controlling:

(i) The registration of firms engaging in the business of servicing portable fire

extinguishers and/or fixed fire extinguishing systems.

(ii) The registration of firms engaging in the business of hydrostatic testing United States

department of transportation specification gas cylinders used for portable fire extinguisher and/or

fixed fire extinguishing systems.

(iii) The examination of persons applying for a license to service portable fire

extinguishers and/or fixed fire extinguishing systems.

(iv) The licensing of persons to service portable fire extinguishers and/or installing and

servicing fixed fire extinguishing systems.

(v) The requirements for servicing of portable fire extinguishers and fixed fire

extinguishing systems.

(2) To evaluate the qualifications of firms or individuals for a certificate of registration to

engage in the business of servicing portable fire extinguishers and/or installing and servicing of

fixed fire extinguishing systems.

(3) To conduct examinations to ascertain the qualifications and fitness of applicants for a

license to service portable fire extinguishers and/or install and service fixed fire extinguishing

systems.

(4) To issue certificates of registration for those firms that qualify under these regulations

to engage in the business of servicing portable fire extinguishers and/or installing and servicing

fixed fire extinguishing systems and issue licenses, apprentice permits, and authority to perform

hydrostatic testing to the qualified persons.

(5) To evaluate the qualifications of firms seeking approval as testing laboratories for

portable fire extinguishers and/or fixed fire extinguishing systems.

(b) The state fire marshal may delegate the exercise of part or all of his or her functions,

powers, and duties under this chapter, except for the issuance of licenses, certificates, and

permits, and the formulation of rules and regulations, to a fire extinguishers advisory council

whose members shall be appointed by the state fire marshal. The members shall be experienced

and knowledgeable in one or more of the following areas: fire services, fire extinguisher

manufacturing, fire insurance inspection of underwriting, or fire extinguishers servicing; or are

members of a fire protection association or an industrial safety association.

23-28.32-11. Practice without a certificate of registration, license, apprentice

permit, or hydrostatic testing certificate - Sale or service in violation of this chapter. --

Whoever shall intentionally do any of the following shall be guilty of a misdemeanor, and upon

conviction thereof shall be fined not more than five hundred dollars ($500) or shall be imprisoned

for not exceeding six (6) months, or both so fined and imprisoned for each such offense:

(1) Engage in the business of servicing portable fire extinguishers and/or fixed fire

extinguishing systems without a current certificate of registration.

(2) Service portable fire extinguishers and/or fixed fire extinguishing systems without a

current license.

(3) Service portable fire extinguishers and/or fixed fire extinguishing systems, as an

apprentice without a current apprentice permit.

(4) Perform hydrostatic testing of the United States department of transportation

(formerly the interstate commerce commission) specification compressed gas cylinders used for

or with fire extinguishers without a current hydrostatic testing certificate.

(5) Obtain or attempt to obtain a certificate of registration or a license by fraudulent

misrepresentation.

(6) Service or sell portable fire extinguishers and/or fixed fire extinguishing systems

contrary to the provisions of this chapter or the rules and regulations formulated and administered

under the authority of this chapter.

      SECTION 37. Chapter 23-28.33 of the General Laws entitled “Storage and

Handling of Liquefied Natural Gas” is hereby repealed in its entirety.

CHAPTER 28.33

Storage And Handling Of Liquefied Natural Gas

23-28.33-1. Applicability. -- These chapter provisions shall apply to all persons, firms,

corporations, partnerships, voluntary associations, and government agencies, except federal,

storing or handling liquefied natural gas, and to the owner or lessee of any building, or equipment

in or on which liquefied natural gas is stored or handled, and shall apply to motor vehicles that

are used for the transportation of liquefied natural gas. These chapter provisions are also intended

to provide the requirements for the design, construction, and operation of tank motor vehicles and

certain features of tank motor vehicle chassis for the transportation of liquefied natural gas.

23-28.33-2. Definitions. -- For the purpose of this chapter, the following words shall

have the meanings respectively assigned to them:

(1) "Approved" or "approved by authority having jurisdiction" means approved by the

marshal.

(2) "Container" means all vessels such as tanks, cylinders, or drums used for

transportation or storing liquefied natural gas.

(3) "Equipment" refers essentially to the container or containers, major devices such as

vaporizers, carburetors, safety relief valves, excess flow valves, regulators, etc., and

interconnecting piping.

(4) "Marshal" means the state fire marshal or his or her authorized representative.

(5) "The enforcing officer" means the chief of the fire department of the several cities,

towns, and fire districts wherein any violations of the provisions of this chapter may take place.

(6) Where the circumstances or conditions of any particular case falling within the scope

of this chapter are unusual and such as to render the strict compliance with these provisions

impracticable, the enforcing officer having jurisdiction may permit such modification as will

provide a substantially equivalent degree of safety; provided, however, that should the enforcing

officer refuse to grant such modification as may be requested, then and in that event an

application may be submitted to the state fire marshal in accordance with the form hereinafter

specified "application for modification"; and modification granted by the state fire marshal shall

be accompanied by a written report setting forth the manner in which the modification will

provide a substantially equivalent degree of safety as would have been provided by a strict

compliance with these regulations. A copy of the report shall be filed in the office of the state fire

marshal.

(7) The approval of any equipment, container, or appliance will be based on its

compliance with the accepted principles of recognized engineering practice, and the marshal may

consider for approval any equipment, container, or appliance which meets the standards set up by

any of the following organizations:

Underwriters' laboratories, inc. (U.L.)

National fire protection association (N.F.P.A.)

National board of fire underwriters (N.B.F.U.)

Interstate commerce commission (I.C.C.)

American society of mechanical engineers (A.S.M.E.)

American petroleum institute (A.P.I.)

American gas association (A.G.A.)

American standards association (A.S.A.)

23-28.33-3. Applicability to liquefied natural gas systems. -- The provisions of this

chapter are intended to apply to the design, construction, location, and operation of liquefied

natural gas systems.

23-28.33-4. References to standards advisory. -- References to other standards in these

provisions shall be considered as advisory and not mandatory.

23-28.33-5. Enforcement. -- The state fire marshal or his or her deputy shall cooperate

in the enforcement of these provisions with full power and authority to investigate any violations

and submit reports of the findings to either the enforcing officer, the town councils of the several

towns, the city councils of the several cities, the representative council of the city of Newport, or

the attorney general of the state.

23-28.33-6. Severability. -- If any part of this chapter shall be declared unconstitutional

or invalid, the unconstitutionality or invalidity shall in no way affect the constitutionality or

validity of any other portion thereof which can be given reasonable effect without the part so

declared unconstitutional or invalid.

     SECTION 38. Chapter 23-28.34 of the General Laws entitled “Fire and Carbon

Monoxide Detection Systems’ is hereby repealed in its entirety.

CHAPTER 23-28.34

Fire And Carbon Monoxide Detection Systems

23-28.34-1. Fire and carbon monoxide detection systems required. -- (a) All

buildings hereinafter constructed or converted for residential occupancy shall be equipped with a

smoke detection system listed and/or approved by the Underwriters Laboratories, Inc., or Factory

Mutual, installed according to standards set forth below, except that the systems shall not be

required in buildings or structures subject to the provisions of the general laws relative to the

installation of automatic fire warning systems connected thereto.

(b) Provided further that all buildings hereinafter constructed or converted for residential

occupancy, those premises being equipped with gas utilities, shall also be equipped with a carbon

monoxide detector system listed and/or approved by Underwriters Laboratories, Inc., Factory

Mutual or some nationally recognized testing laboratory approved by the state fire marshal and

installed according to the standards set forth below.

23-28.34-2. Minimum number of detectors. -- (a) A minimum of one approved smoke

detector shall be located in the highest habitable level and on each floor, level, or story.

(b) For any floor, level, or story exceeding twelve hundred square feet (1200 sq. ft.) in

area, one approved smoke detector shall be provided for each twelve hundred square feet (1200

sq. ft.) or portion thereof or as specified by the manufacturer for the particular device.

(c) A minimum of one approved carbon monoxide detector shall be installed in each

dwelling.

23-28.34-3. Location of detectors. -- (a) Approved smoke detectors shall be located

outside each separate sleeping area in the immediate vicinity of the bedrooms and on each

additional story of the living unit including basements and cellars and excluding crawl spaces and

uninhabitable attics. Bedrooms, or sleeping rooms, separated by other use areas, such as kitchens

or living rooms, but not bathrooms, shall require a separate smoke detector. A carbon monoxide

detector shall be located outside each separate sleeping area in the immediate vicinity of the

bedrooms. Bedrooms, or sleeping rooms, separated by other use areas, such as kitchens or living

rooms, but not bathrooms, shall require a separate carbon monoxide detector.

(b) In basements or cellars, smoke detectors shall be located within twenty-four inches

(24") of the base of stairways with solid risers and treads and side enclosed from the top of the

stairway to the basement floor in addition to any other detector requirements for that level.

(c) In basements or cellars with an open stairway, smoke detectors shall be located at the

top of the stairway in addition to any other detector requirements for that level.

(d) All smoke detectors shall be mounted on the ceiling.

(e) All carbon monoxide detectors shall be mounted in accordance with manufacturer's

specifications.

23-28.34-4. Power supply and wiring methods. -- (a) For all detection systems, a one-

hundred and twenty (120) AC primary source of electric power with battery back-up shall be

taken from a dependable light and power supply source. The wiring to each detector shall be

taken from a branch lighting circuit serving a habitable area. The power source for the detectors

shall be on the supply side ahead of any switches and not on circuits protected by a ground fault

circuit interrupter.

(b) All required smoke detectors shall be provided with a visible intermittent or steady

"power on" indicator and shall be inter-connected so that when one detector is actuated all

detectors will sound and emit an audible signal having a minimum rating of eighty-five (85) dBA

at ten (10) ft.

(c) All smoke detector systems shall be tested in accordance with the manufacturer's

recommendation.

(d) Combination smoke/heat or fire/burglar systems meeting the requirements of § 23-

28.34-3 and chapters 4 and 5 of N.F.P.A. standard 74, 1989 edition may be used.

(e) The appendices of N.F.P.A. 74, 1989 edition may be used for informational purposes

only.

(f) All required carbon monoxide detectors shall be provided with a visible intermittent

or steady "power on" indicator and will sound and emit an audible signal having a minimum

rating of eighty-five (85) dBA at ten (10) feet.

23-28.34-5. Enforcement. -- The local fire authorities certified by the state fire marshal

as prescribed by § 23-28.2-6 in cooperation with the building code officials shall enforce the

provisions of this chapter.

23-28.34-6. Homeowners responsible. -- It shall be the responsibility of the homeowner

to maintain in operable condition smoke and carbon monoxide detection systems, installed as

required pursuant to this chapter.

23-28.34-7. Penalty. -- Any owner of a building or structure who fails to comply with

the provisions of this chapter shall be punished by a fine of not more than five hundred dollars

($500).

     SECTION 39. Chapter 23-28.35 of the General Laws entitled “Fire Detectors and Carbon

Monoxide Systems in Existing Residential Occupancies” is hereby repealed in its entirety.

CHAPTER 23-28.35

Fire Detectors And Carbon Monoxide Systems In Existing Residential Occupancies

23-28.35-1. Installation of smoke and carbon monoxide detectors required. -- All

occupied residential properties, including mobile homes, and all existing rooming houses

constructed before June, 1976, and occupied existing apartment dwellings not required to have a

fire alarm system in accordance with chapter 28.25 of this title shall, at the responsibility of the

seller before title to the property is transferred as a result of a sale, or at the responsibility of the

owner as the result of an inspection required by law or ordinance, be equipped with a smoke and

carbon monoxide detector system listed and/or approved by Underwriters Laboratories Inc.,

Factory Mutual, or some other nationally recognized testing laboratory approved by the state fire

marshal and installed according to the standards set forth below.

23-28.35-1.1. City and town authority to require smoke and carbon monoxide

detectors. -- Any city or town may by ordinance require that any building or structure occupied

in whole or in part for residential purposes in the cities or towns, and not otherwise covered by §§

23-28.35-1 or 23-28.34-1, shall, within one year of acceptance, be equipped with smoke and

carbon monoxide detectors listed and/or approved by Underwriters Laboratories, Inc., Factory

Mutual or some other nationally recognized testing laboratory approved by the state fire marshal

and installed according to the standards set forth in this chapter.

23-28.35-1.2. Fees. -- The agency, bureau, department in any city, town, fire district, or

other subdivision of municipal government that performs smoke and carbon monoxide detector

inspections in all existing one, two (2), and three (3) family dwellings, and all existing apartment

dwellings of less than eight (8) living units shall, at the time of inspection, be allowed to charge a

thirty dollar ($30.00) fee for the inspection on any one, two (2), and three (3) family dwellings

and all existing apartments of less than eight (8) living units. The responsibility of this charged

fee will be borne by the seller on each occurrence before title to the property is transferred as a

result of a sale. A thirty dollar ($30.00) fee will be allowed for any subsequent reinspection on the

same one, two (2), and three (3) family dwellings, and all existing apartment units of less than

eight (8) units, due to improper installation, wrong location, improper wiring method, or the

seller's failure to maintain a mutually agreed upon appointment with the agency, bureau, or

department that performs the inspection function. The fees collected by the agency, bureau, or

department performing the inspections in any city, town, fire district, or other municipal

subdivision shall be used for fire prevention purposes in that particular city, town, fire district, or

other municipal subdivision.

23-28.35-2. Location of detectors. -- (a) An approved smoke and approved carbon

monoxide detector shall be located in the access space immediately adjacent to bedrooms or

sleeping rooms. Bedrooms, or sleeping rooms, separated by other use areas, such as kitchens or

living rooms, but not bathrooms, shall require a separate smoke and a separate carbon monoxide

detector. In those occupancies where bedrooms open directly into the kitchen, the smoke detector

shall be located in the bedroom(s), and one carbon monoxide detector in the kitchen, located in

accordance with manufacturer's specifications in relation to fuel burning appliances.

(b) In basements or cellars, smoke detectors shall be located within twenty-four inches

(24") of the base of stairways with solid risers and treads and side enclosed from the top of the

stairway to the basement floor in addition to any other detector requirements for that level.

(c) In basements or cellars with an open stairway, smoke detectors shall be located at the

top of the stairway in addition to any other detector requirements for that level.

(d) All smoke detectors shall be mounted on the ceiling at least twelve inches (12") from

the wall or on the wall six inches (6") to twelve inches (12") from the ceiling. All carbon

monoxide detectors shall be mounted in accordance with manufacturer's specifications.

23-28.35-3. Power supply and wiring methods. -- (a) For all smoke and carbon

monoxide detection systems, approved smoke and carbon monoxide detectors shall be smoke and

carbon monoxide detectors which may be activated by a battery power source, or which may be

activated by being permanently wired to a 120 volt AC source of alternating current electric

power with each detector taken from a branch circuit serving a habitable area, with no more than

two (2) required smoke and carbon monoxide detectors on the same branch circuit and the power

source for the detectors shall be on the supply side ahead of any switches, or a system meeting the

requirements of chapter 28.34 of this title.

(b) All required detectors other than battery operated shall be provided with a visible

intermittent or steady "power on" indicator; shall be interconnected so that when on, the detector

is actuated, all detectors will sound and emit an audible signal with a minimum rating of eighty-

five (85) dBA at ten feet (10'). In multiple units, with hard wire systems, all smoke detectors

located in common areas will sound when any one detector is actuated. Apartment units shall

have a single station smoke detector, unless more than one detector is required within that unit,

and they shall be interconnected within that unit.

(c) All AC detectors shall not be installed on circuits protected by a ground fault circuit

interrupter and shall be installed in a workmanlike manner and meeting the electrical

requirements of the R.I. State Building Code, chapter 27.3 of this title.

(d) All detectors shall be tested in accordance with the manufacturer's recommendations.

(e) The seller shall obtain an electrical permit for the installation of a hard wire system,

and shall supply to the buyer at the time of sale a copy of the approval inspection report.

(f) All carbon monoxide detectors shall be provided with a visible intermittent or steady

"power on" indicator and will sound and emit an audible signal having a minimum rating of 85

dBA at ten (10) feet.

23-28.35-4. Inspection. -- At the time of the transfer of title, the seller must provide the

purchaser with a certificate from the fire department for the community in which the dwelling is

located stating that the smoke and carbon monoxide detector systems have been inspected within

sixty (60) days prior to the date of sale and has been determined to be in good working order. The

fire department for the community in which the dwelling is located must inspect the smoke and

carbon monoxide detector systems of the dwelling within ten (10) days of a request from the

owner. The inspection may be conducted by qualified personnel of the department or the state fire

marshal's office. No fire department nor the fire marshal shall be liable for any damage caused by

the subsequent malfunction of a smoke detection system or carbon monoxide detector system

which it inspected.

23-28.35-5. Maintenance responsibility. -- (a) Once the smoke and carbon monoxide

detection systems are required within a dwelling pursuant to this chapter, it shall be the

responsibility of the owner to maintain the smoke and carbon monoxide detection systems in an

operable condition, and the owner shall make operable, within seven (7) days after being notified

by certified mail by the occupant and/or enforcement official, any inoperable system.

(b) If the owner fails to make the system operable within the required seven (7) days, the

tenant may cause the system to be made operable if the total reasonable cost of making the repairs

does not exceed the sum of twenty dollars ($20.00), and the tenant may deduct from his or her

rent the actual reasonable cost of repairs not to exceed twenty dollars ($20.00).

23-28.35-6. Penalty. -- Any violation of the provisions of this chapter shall be punished

by a fine of not more than five hundred dollars ($500).

23-28.35-7. Statewide jurisdiction. -- The provisions of this chapter shall be uniform in

all cities and towns without local amendments. The provisions of §§ 45-13-7 - 45-13-11 shall not

apply to any costs incurred by the cities and towns as a result of the implementation of this

chapter.

23-28.35-8. Effect on title and liability. -- The recording clerk of any city or town may

refuse to accept for recording instruments of transfer which do not comply with this chapter, but

the failure of any recorded instrument to comply with this chapter shall not affect the validity of

said transfer or impose any liability upon the city or town in which said instrument is recorded.

23-28.35-9. Title. -- This chapter shall be known as the smoke and carbon monoxide

detector law.

23-28.35-10. - 23-28.35-12 [Reserved.]

23-28.35-13. Affidavit of compliance. -- The grantor in any instrument being recorded

to transfer title to any real property located within the state of Rhode Island, shall:

(1) Contemporaneously with the recording of the instrument, record a copy of a smoke

and carbon monoxide detector certificate dated not more than sixty (60) days prior to the date of

the instrument (§ 23-28.35-4); or

(2) Certify, in the instrument being recorded, or in a certificate to be recorded

contemporaneously with the instrument, that either § 23-28.35-1 has been complied with, or that

compliance with that section is not required because the transfer is exempted in § 23-28.35-14.

23-28.35-14. Exempt transfers. -- Transfers of real property are exempt from

compliance with § 23-28.35-1 if:

(1) The property being transferred does not contain residential dwellings;

(2) A certificate of use and occupancy (§ 23-27.3-120) has been issued for the property

being transferred within six (6) months of the date of this instrument;

(3) The property being transferred is required to have a fire alarm system in accordance

with this chapter;

(4) The property being transferred is uninhabitable without the issuance of a certificate of

use and occupancy (§ 23-28.3-120);

(5) The property is being transferred pursuant to a foreclosure sale, a tax sale, as a

redemption of a tax sale, or in lieu of foreclosure;

(6) The property is being transferred by operation of law, or pursuant to an order of any

United States court, or any superior or family court of the state of Rhode Island; or

(7) The property is being acquired by the state for demolition and will not be sold or used

by the state for residential purposes.

23-28.35-15. Contents of affidavit. -- An affidavit of all individuals signing instruments

to transfer real property satisfies this chapter if it contains the following representations:

(1) The undersigned hereby certify that grantor has complied with the requirements of the

smoke and carbon monoxide detector law, as evidenced by the copy of the smoke and carbon

monoxide detector certificate attached to the affidavit; or

(2) The undersigned hereby certify that the real property being conveyed by this

instrument had working smoke and carbon monoxide detectors, as required by the smoke and

carbon monoxide detector law, within fourteen (14) days of the date of this instrument, and an

inspection pursuant to § 23-28.35-4 has been requested; or

(3) The undersigned hereby certify that this transfer is exempt from the smoke and carbon

monoxide detector law as provided in § 23-28.35-14.

      SECTION 40. Chapter 23-28.38 of the General Laws entitled “Detention and

Correctional Occupancies” is hereby repealed in its entirety.

CHAPTER 23-28.38

Detention And Correctional Occupancies

23-28.38-1. Definitions - Standards applicable. -- (a) (1) Detention and correctional

occupancies are those used for the purposes such as jails, detention centers, correctional

institutions, reformitories, houses of correction, pre-release centers and other residential-

restrained care facilities where occupants are confined or housed under some degree of restraint

or security.

(2) Detention and correctional occupancies provide sleeping facilities for four (4) or more

residents and are occupied by persons who are generally prevented from taking self-preservation

action because of security measures not under the occupants' control.

(b) Fire and life safety requirements for all detention and correctional occupancies shall

be in accordance with N.F.P.A. Standard 101, 1988 edition, Chapters 14 and 15 and their related

chapters and standards.

23-28.38-2. Fire alarm system. -- A fire system as described in § 23-28.25-4(b) shall be

installed in all detention and correctional centers.

      SECTION 41. This act shall take effect upon passage.

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LC03163/SUB A

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