Chapter 151

2005 -- S 1133

Enacted 07/01/05

A N A C T

RELATING TO HEALTH AND SAFETY -- BUILDING AND FIRE SAFETY CODE

Introduced By: Senators Polisena, Damiani, Sosnowski, Tassoni, and Gallo

Date Introduced: May 26, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-27.3-100.1.5 of the General Laws in Chapter 23-27.3 entitled

"State Building Code" is hereby amended to read as follows:

23-27.3-100.1.5. Building code -- Adoption and promulgation by committee. -- The

state building standards committee has the authority to adopt, promulgate, and administer a state

building code, which shall include: (a) provisions and amendments as necessary to resolve

conflicts between fire safety codes and building codes, as provided for in section 23-28.01-6; and

(b) a rehabilitation building and fire code for existing buildings and structures. The building code

may be promulgated in several sections, with a section applicable to one and two (2) family

dwellings, to multiple dwellings and hotels and motels, to general building construction, to

plumbing, and to electrical. The building code and the sections thereof shall be reasonably

consistent with recognized and accepted standards adopted by national model code organizations

and recognized authorities. To the extent that any state or local building codes, statutes, or

ordinances are inconsistent with the Americans with Disabilities Act, Title III, Public

Accommodations and Services Operated by Private Entities, 42 U.S.C. section 12181 et seq., and

its regulations and standards, they are hereby repealed. The state building code standards

committee is hereby directed to adopt rules and regulations consistent with the Americans with

Disabilities Act, Title III, as soon as possible, but no later than January 26, 1992.

SECTION 2. Sections 23-28.01-4 and 23-28.01-6 of the General Laws in Chapter 23-

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

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

this act shall be vested in the fire marshal, as provided for in chapter 23-28.2 as amended, who

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

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

(NFPA 101) of the National Fire Protection Association, Inc., 2003 editions, with annexes, as

those are updated, amended, altered, or deleted, and by the addition of certain provisions of the

fire safety code board of appeal and review, and who may delegate authority as provided by law,

and in the Fire Safety Code Board of Appeal and Review, as provided for in chapter 23-28.3,

which shall provide by rules and regulations for the efficient and reasonable implementation of

the provisions of the fire safety code.

23-28.01-6. Coordinated administration of Fire Safety and Building Codes. -- (a) The

fire marshal and the state building commissioner shall jointly advise by July 1, 2004, the joint

committee on the rehabilitation building code for existing buildings and structures, established by

chapter 23-29.1, with regard to any conflicts between fire safety codes and building codes and the

enforcement thereof. The joint committee shall develop comprehensive recommendations by

October 1, 2004, for resolving such conflicts, which recommendations shall be submitted to the

Fire Safety Code Board of Appeal and Review and the State Building Code Standards

Committee, as appropriate, for consideration and for implementation by rule or agreement by July

1, ~~2005~~ 2006. The Fire Safety Code Board of Appeal and Review and the State Building Code

Standards Committee, shall hold a joint hearing or hearings, consistent with the provisions of

chapter 42-35 for the purposes of consideration and adoption of such rules, regulations, and

agreements as may be necessary to implement the purposes of this paragraph.

(b) The Fire Safety Code Board of Appeal and Review shall report by February 1, 2004,

to the general assembly with regard to all provisions of the general and public laws that will be

either superseded or made obsolete by the adoption of changes to the Fire Safety Code.

SECTION 3. Section 23-28.1-6 of the General Laws in Chapter 23-28.1 entitled

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

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

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

issued, all plans for buildings regulated under this code shall be submitted to the authority having

jurisdiction. The authority having jurisdiction shall approve or disapprove the completed set of

plans within a reasonable time not to exceed ninety (90) days. When a change of use or type of

occupancy is made in an existing building, the building shall conform to the requirements

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

the rehabilitation building and fire code for existing structures is not applicable, to the

requirements for new structures as related to the proposed use or type of occupancy.

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

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

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

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

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

Fire Safety Code Board of Appeal and Review.

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

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

jurisdiction, in accordance with NFPA 101, with annexes.

SECTION 4. Sections 23-28.2-4 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, as

the authority having jurisdiction, shall have the authority to enforce and perform the duties

required by the Comprehensive Fire Safety Act, chapter 23-28.01, 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, and consistent enforcement of the fire safety code.

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 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 thirty (30) days of the service of

notice, the notice shall automatically become a compliance order. The authority issuing the notice

of violation shall have the power to extend in writing the time in which the alleged violation shall

be remedied if the authority shall find, to the authority's satisfaction, that a good faith effort is

being made to remedy the violation, and that the extension of time to remedy the violation will

not result in a significant threat to life safety.

(b) [Deleted by P.L. 2004, ch. 220, section 3 and by P.L. 2004, ch. 225, section 3].

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 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 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, or upon decision following a hearing, the fire marshal may institute

injunction proceedings in the 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. 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 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 5. Sections 23-28.3-1 and 23-28.3-5 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:

23-28.3-1. Definitions. -- When used in this chapter:

(1) "Amendment" means any modification or change in the code that shall be

formulated, adopted, and issued by the board;

(2) "Board" means the fire safety code board created by this chapter;

(3) "Building" includes new and existing buildings and facilities, except private

dwellings occupied by one, two (2), or three (3) families, in the various cities and towns in this

state;

(4) "Code" means the minimum standard body of rules for fire safety known as the Fire

Safety Code, chapters 28.1 -- 28.39 of this title, or the rehabilitation building and fire code for

existing buildings and structures, chapter 29.1 of this title;

(5) "Variation or variance " means a special limited modification or change in the code,

including, but not limited to, time deadlines, which is applicable only to a particular type of

building, structure, facility, regulated process or hazardous activity upon the petition of the person

owning the building, structure, or facility, or maintaining the regulated process or hazardous

activity. All variances shall be, to the extent practicable, in keeping with recognized national

standards; and

(6) "Blanket variance" means generalized relief from any provision of the fire safety

code, including, but not limited to, time deadlines, when, in the opinion of the fire safety code

board, these provisions have been rendered obsolete and/or impose 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.

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 section 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.

(d)(1) 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.

(2) In order to provide for the reasonable and orderly implementation of the fire safety

code effective on January 1, 2004, the fire safety code board of appeal and review may, by

variance and/or blanket variance, affirm and reestablish any variances, blanket variances, and

timetables for compliance as were in effect on December 31, 2003.

(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.

SECTION 6. Section 23-28.6-21 of the General Laws in Chapter 23-28.6 entitled "Places

of Assembly" is hereby amended to read as follows:

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 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 place of assembly with an occupancy load of fifty (50) to three hundred (300)

people of concentrated use not classified as a "nightclub";

(iii) Any place of assembly with an occupancy load of fifty (50) to three hundred (300)

people of concentrated use, classified as a "nightclub" with a posted maximum occupancy of less

than one hundred fifty (150) people;

(iv) Any existing building with a total (complete) coverage fire alarm system used

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. 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.

of Appeal and Review, shall be allowed in the retrofitting of an existing place of assembly with

sprinklers.

(d) All 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 "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. The ten percent (10%) and twenty percent (20%) reductions in maximum

occupancy, herein set forth, may be waived, in writing, by the state fire marshal, assistant state

fire marshal, deputy state fire marshals, the local fire chief of the jurisdiction in which the place

of assembly is located, or an assistant deputy state fire marshal as designated by the local fire

chief. Provided, however, that the owner or management responsible for the operation of the

facility shall be required to operate said facility under an alternative plan of action for fire safety,

which plan shall require the approval of the state fire marshal, the assistant state fire marshal,

deputy state fire marshals, the local fire chief of the jurisdiction in which the place of assembly is

located, or an assistant deputy state fire marshal as designated by the local fire chief, in order to

qualify for the waiver provided for herein.

(f) A 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.

SECTION 7. Section 23-29.1-2 of the General Laws in Chapter 23-29.1 entitled

"Rehabilitation Building And Fire Code For Existing Buildings And Structures" is hereby

amended to read as follows:

23-29.1-2. Joint Committee on the rehabilitation building code for existing buildings

and structures. -- (a) Creation and membership. - There is created a joint committee on the

rehabilitation building and fire code for existing buildings and structures consisting of eleven (11)

members: five (5) of whom shall be the chairperson of the building code standards committee

established by section 23-27.3-100.1.3 and four (4) members of the building code standards

committee appointed by the building code standards committee; five (5) of whom shall be the

chairpersons of the fire safety code board of appeal and review, established by section 23-28.3-2,

and four (4) members of the fire safety code board of appeal and review appointed by the fire

safety code board of appeal and review, and one of whom shall be the executive director of the

fire safety code board of appeal and review, who shall be an ex-officio, nonvoting member of the

joint committee, and shall act as the executive secretary of the joint committee. From the voting

members of the joint committee, the governor shall appoint one member to serve as chairperson

and one member to serve as vice-chairperson. The terms of chairperson and vice-chairperson

shall be for three (3) years, or until their successors are appointed.

(b) Powers and duties. - The joint committee has the power and duty to:

(1) Approve, with any revisions it may deem necessary, the rehabilitation building code

for existing buildings and structures following an affirmative vote by the committee on drafting

and to recommend building code element of the rehabilitation building code for adoption by the

building code standards committee and to recommend the fire safety code element of the

rehabilitation building code for adoption by the fire safety code board of appeal and review;

(2) Draft and develop such amendments and revisions to the building code element and

to the fire safety code element of the rehabilitation building code for existing buildings and

structures as may be necessary or desirable to recommend of those amendments and revisions to

the building code standards committee and the fire safety code board of appeal and review, as

appropriate; ~~and~~

(3) Serve as the appeal board to hear and decide requests for variances from the

rehabilitation building and fire code for existing buildings and structures.; and

(4) Study and make recommendations with regard to coordinated, consistent, efficient,

and effective administration of fire safety codes, building codes, and the rehabilitation building

and fire code.

SECTION 8. This act shall take effect upon passage.

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LC03296

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