Chapter 311

2006 -- S 2868 AS AMENDED

Enacted 07/04/06

A N A C T

RELATING TO HEALTH AND SAFETY -- FIRE SAFETY CODE

Introduced By: Senator V. Susan Sosnowski

Date Introduced: March 01, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-28.1-5 of the General Laws in Chapter 23-28.1 entitled

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

23-28.1-5. Definitions. -- 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) 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) Authority having jurisdiction. - Unless specifically defined to the contrary in 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.

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

provisions of section 23-28.1-1.

      (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.

      (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.

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

all of the following:

      (i) Provides entertainment by a live band or recorded music generating above normal

sound levels.

      (ii) 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.

      (iii) 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.

(7) "Place of worship" means a building or structure, or an area thereof, the occupancy of

which is for the religious rites and services and communal functions of a congregation, and which

shall include sanctuaries, gathering halls, meeting rooms and offices and related facilities of the

congregation, which may be located in the same, in connected, or in proximate structures.

     SECTION 2. 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 that is in compliance with the requirements for places of worship

established pursuant to section 23-28.6-24. 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.

      (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 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.

(h) The provisions of this section, in its entirety, shall not apply to places of worship

except as may be required by the Fire Safety Code Board of Appeal and Review pursuant to

section 23-28.6-24.

     SECTION 3. Chapter 23-28.6 of the General Laws entitled "Places of Assembly" is

hereby amended by adding thereto the following section:

23-28.6-24. Places of worship. – The Fire Safety Code Board of Appeal and Review

shall establish and maintain a subcategory of assembly occupancies for places of worship and

shall, consistent with the provisions of this section, specify code requirements applicable to the

subcategory. Every place of worship as defined in section 23-28.1-5 shall comply with the

requirements for places of worship by the Fire Safety Code Board of Appeal and Review and

administered by the state fire marshal. In establishing and maintaining this subcategory, the board

shall give due consideration to the historic level of use as well as to occupant load and shall

provide for separate calculation of occupant loads for sanctuaries and gathering halls and for

distinct requirements for the different areas of the place of worship.

(a) Newly constructed places of worship shall comply with the applicable requirements

for new occupancies.

(b) Existing places of worship shall comply with requirements established by the Fire

Safety Code Board of Appeal and Review, pursuant to this subsection.

(1) The Fire Safety Code Board of Appeal and Review shall adopt reasonable

requirements for fire safety in existing places of worship by July 1, 2007, which standards shall

allow for the continued occupancy and use of the place of worship without undue hardship, with

due consideration for the historic use and operation of the place of worship, unless such continued

use and occupancy would constitute a serious threat to life. Such requirements shall provide that

the place of worship shall have:

(i) Adequate egress, including exits, exit signs, and emergency lighting;

(ii) Adequate systems for discovery of fire and smoke and for altering occupants

promptly and effectively; and

(iii) Adequate fire extinguishers.

(2) Existing places of worship shall not be subject to requirements for places of assembly

to install sprinklers in the sanctuary or in other areas unless the state fire marshal, or official in

the office of the state fire marshal designated by the state fire marshal in the capacity of the

authority having jurisdiction, shall determine: (i) that in the absence of sprinklers, there would be

a serious threat to life as a result of conditions specific to those areas in the place of worship; or

(ii) that the kitchen of the place of worship is used for cooking food for more than two (2) hours

per week as an annual average, in which case a requirement may be imposed for automatic fire

suppression system in the kitchen. The code requirements applicable to the place of worship shall

be deemed satisfactory purposes of the use of the place of worship or areas thereof by community

members and groups and nonprofit organizations; provided, however, that the use of the place of

worship or a portion thereof for an occupancy for a commercial purpose or for the regular

conduct of an activity or function that requires licensure by the state may be subject to code

requirements for that occupancy.

(c) The Fire Safety Code Board of Appeal and Review shall establish a timetable for

existing places of worship to comply with the requirements adopted pursuant to subsection (b) of

this section, which compliance timetable shall commence not sooner than January 1, 2008 and

may extend beyond July 1, 2008.

(d) The Fire Safety Code Board of Appeal and Review and the state fire marshal shall in

establishing, interpreting, administering and enforcing code requirements pertaining to this

subcategory satisfy reasonable requirements for life safety in a manner that does not cause

disproportionate effort or expense and that allows for continued occupancy as places of worship

in buildings and structures where worship is a historic use, provided that any condition that

represents a serious threat to life is mitigated by application of appropriate safeguards, and in so

doing, shall give due consideration in applying the provisions of this paragraph to occupancies

that normally are used by gatherings of less than fifty (50) persons.

     SECTION 4. This act shall take effect upon passage.

=======

LC01794

=======