2009 -- S 0557

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LC01349

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO HEALTH AND SAFETY -- THE DIVISION OF FIRE SAFETY

     Introduced By: Senators Tassoni, DiPalma, Miller, and P Fogarty

     Date Introduced: February 25, 2009

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-28.2-1, 23-28.2-2, 23-28.2-3 and 23-28.2-4 of the General

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Laws in Chapter 23-28.2 entitled "Division of Fire Safety" are hereby amended to read as

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follows:

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     23-28.2-1. Establishment of division and state fire marshal. -- There shall be a

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division of state fire marshal within the state executive department, the head of which division

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shall be the state fire marshal. The state fire marshal shall be appointed by the governor with the

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advice and consent of the senate and shall serve for a period of five (5) years; provided, however,

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that effective January 1, 2010, and thereafter, the state fire marshal shall be selected by the Rhode

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Island fire safety commission established pursuant to the provisions of section 23-28.2-27. During

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the term the state fire marshal may be removed from office by the governor for just cause. All

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authority, powers, duties and responsibilities previously vested in the division of fire safety are

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hereby transferred to the division of state fire marshal.

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     23-28.2-2. Qualifications of state fire marshal. -- Minimum qualifications are five (5)

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years experience in fire prevention, fire investigation, or fire protection, or a degree in fire

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protection engineering from a credited college plus three (3) years experience in fire prevention,

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fire investigation, or fire protection. The fire marshal shall also have demonstrated qualifications,

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capacity, and expertise to administer and enforce those rules, regulations and policies pertaining

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to the operation of the office of the state fire marshal promulgated by the Rhode Island fire safety

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commission.

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     23-28.2-3. Removal of state fire marshal. -- The state fire marshal may be removed by

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the governor only for cause, and after filing of charges, and a notification thereof to the state fire

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marshal and to the Rhode Island fire safety commission, a hearing thereon before the state

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personnel appeal board, and the filing of findings by the board.

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

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

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required by the Comprehensive Fire Safety Act, chapter 28.01 of this title, by the Fire Safety

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

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

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relate to fires, fire prevention, fire protection, fire inspection, and fire investigation. It shall also

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

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

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disposition of explosives and inflammable materials.

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

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code within the state.

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

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

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

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

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professional, and consistent enforcement of the fire safety code.

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     (5) It shall also be the duty of the fire marshal to implement those rules, regulations and

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policies pertaining to the operation of the office of the state fire marshal as promulgated by the

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Rhode Island fire safety commission.

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     SECTION 2. Chapter 23-28.2 of the General Laws entitled "Division of Fire Safety" is

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hereby amended by adding thereto the following sections:

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     23-28.2-28. Rhode Island fire safety commission. – (a) There is hereby created the

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Rhode Island fire safety commission, hereinafter called the commission, to be separate and

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independent of the division of fire safety. Said commission shall consist of seven (7) members.

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One member shall be the chairperson of the fire safety code board of appeal and review

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established pursuant to the provisions of chapter 23-28.3, who shall serve ex-officio. Six (6)

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other members shall be appointed by the governor, as follows: four (4) of whom shall be fire

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chiefs selected from a list of eight (8) names submitted by the Rhode Island Association of Fire

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Chiefs: one of whom shall be selected from a list of two (2) names submitted by the Rhode Island

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state firefighters league, who shall hold and be an active firefighter; and one of whom shall be a

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representative from the insurance industry.

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     (b) The four (4) chiefs selected from the eight (8) names submitted by the chiefs

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association shall represent the following types of departments:

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     (1) a fully paid fire department;

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     (2) a combination fire department, part paid, part call or volunteer;

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     (3) an all volunteer fire department; and

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     (4) a community with an urban or metro department or area.

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     (c) The chairperson of said commission shall be elected by a majority of the members

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thereof and shall serve as chairperson for a term of one year or until his or her successor is

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elected. Said chairperson shall be elected annually at the January meeting. Members of the

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commission shall be appointed for terms of three (3) years with no limit on the number of terms

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they may serve. Members shall hold office until a successor is appointed and no member shall

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serve beyond the time he/she ceases to hold office or employment by reason of which he or she

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was eligible for appointment to the commission.

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     (d) The commission shall meet monthly, except that the chairperson, with commission

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approval may omit meetings in July and August, and the chairperson, the governor, or the

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chairperson of the board of appeals may call additional meetings at other times, of which all

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members shall be given notice in writing at least five (5) days prior to such meeting. Special

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meetings may be called by the chairperson and shall be called by him/her at the request of the

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governor or upon written request of four (4) members of said commission. If any member is

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absent from three (3) regularly scheduled meetings, exclusive of July and August, in any calendar

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year, his or her office as a member shall be deemed vacant. The chairperson of the commission

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shall make an annual report to the governor, senate president, and speaker of the house and shall

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include in it recommendations for appropriate legislation. A quorum for conducting all business

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before the board shall be at least five (5) members.

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     (e) The members of the commission shall serve without compensation but shall be

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reimbursed for their actual and necessary expenses incurred in the performance of their official

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duties.

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     (f) No member of the commission shall serve as a member on the Rhode Island education

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and training board established in section 23-28.2-23.

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     23-28.2-29. Powers and duties of the commission. – The commission shall have their

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responsibility for the following;

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     (1) The appointment of a state fire marshal;

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     (2) The promulgation of regulations and policies pertaining to the operation of the office

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of the state fire marshal;

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     (3) Review the annual budget developed by the office of the state fire marshal;

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     (4) Advising the office of the state fire marshal regarding state and national fire codes;

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and

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     (5) Consulting with the Rhode Island education and training board to develop standards

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for fire investigation training and certification.

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     SECTION 3. This act shall take effect on January 1, 2010.

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LC01349

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- THE DIVISION OF FIRE SAFETY

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     This act would establish the Rhode Island fire safety commission for purposes of

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appointing the state fire marshal and would promulgate rules pertaining to the operation of the

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office of the state fire marshal.

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     This act would take effect on January 1, 2010.

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LC01349

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