S1132A

	2003 -- S 1132 SUBSTITUTE A AS AMENDED
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	LC03410/SUB A
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	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2003

	____________


	A N A C T
	RELATING TO HEALTH AND SAFETY -- FIRE SAFETY CODE


	Introduced By: Senators Celona, Polisena, Lanzi, Algiere, and Irons

	Date Introduced: June 10, 2003

	Referred To: Senate Commerce, Housing & Municipal Government




	It is enacted by the General Assembly as follows:

1-1	SECTION 1. Legislative dedication. -- The general assembly and the State of Rhode
1-2	Island dedicate this act to all of the victims and the families of victims of “The Station” nightclub
1-3	fire of February 20, 2003, in West Warwick, Rhode Island. This act is also dedicated to all of the
1-4	public safety officials, fire, police, rescue, medical, emergency management, state, local, non-
1-5	profit, religious, and private sector personnel and volunteers, who assisted the victims and their
1-6	families and the survivors of the fire. It is the intent of the general assembly, that with the
1-7	passage of this act, Rhode Island will never again be the place of such a tragedy.
1-8	SECTION 2. Title 23 of the General Laws entitled "Health and Safety" is hereby
1-9	amended by adding thereto the following chapter:
1-10	CHAPTER 23-28.01
1-11	COMPREHENSIVE FIRE SAFETY ACT
1-12	23-28.01-1. Short title. – This act shall be known and may be cited as "The
1-13	Comprehensive Fire Safety Act of 2003".
1-14	23-28.01-2. Legislative findings. -- The general assembly finds and declares that:
1-15	(a) Fires are a significant and preventable cause of the loss of life in the state;
1-16	(b) Catastrophic fires, while rare, have happened in the state with tragic loss of life;
1-17	(c) Fire safety and building codes can provide standards that substantially reduce the risk
1-18	of death, injury, and property damage caused by fires;
1-19	(d) Compliance with codes is critical to their being an effective means for achieving the
2-1	reduction of both risks and losses;
2-2	(e) Codes are more effective when they are comprehensive in their application, up-to-
2-3	date, and integrated;
2-4	(f) Rhode Island has a long history of developing, adopting, and implementing codes as
2-5	conditions in the state have changed and the means and practice of fire safety have evolved; and
2-6	(g) Rhode Island, in 2003, wishes in response to the tragic fire at “The Station” nightclub,
2-7	in West Warwick, to improve fire safety throughout the state.
2-8	23-28.01-3. Legislative purpose and intent. – The purposes of this act are to make
2-9	Rhode Island the safest state in the nation in terms of fire safety, to provide for the adoption and
2-10	implementation of an up-to-date comprehensive system of codes for fire safety and to foster a
2-11	culture of compliance with standards for fire safety, and to provide for amendments to title 23,
2-12	chapters 23-28.1, 23-28.2, 23-28.3, 23-28.6, 23-28.11, and 23-28.25, which are made in the
2-13	subsequent sections of the public law establishing this chapter.
2-14	23-28.01-4. Powers and duties. -- The powers necessary to implement the provisions of
2-15	this act shall be vested in the fire marshal, as provided for in chapter 23-28.2 as amended, who
2-16	may delegate authority as provided by law, and in the Fire Safety Code Board of Appeal and
2-17	Review, as provided for in chapter 23-28.3.
2-18	23-28.01-5. Planning and reporting. -- The system of fire safety codes, compliance,
2-19	enforcement, and education, shall be regularly reviewed in order to maintain the use of best
2-20	practices throughout Rhode Island and to plan for and implement professional, comprehensive,
2-21	efficient and effective fire safety measures in the state.
2-22	(a) The fire marshal shall, in conjunction with the fire safety code board of appeal and
2-23	review, the building code commission, the department of health, the economic development
2-24	corporation, the department of elementary and secondary education, and representatives of local
2-25	fire departments, prepare and approve by February 20, 2004, a comprehensive plan setting forth
2-26	goals and implementation measures for improving fire safety in Rhode Island, which plan shall
2-27	include recommendations regarding public, fire safety education. The plan may be periodically
2-28	reviewed and amended and shall be updated at least once every five (5) years. The plan, and any
2-29	amendments and updates, shall be submitted to the governor, the speaker of the house and the
2-30	president of the senate. A copy of the plan shall be provided to the secretary of state, and the
2-31	report shall be posted on the website of the fire marshal.
2-32	(b) The fire marshal shall submit a report on or before February 1, 2005, and annually not
2-33	later than February 1 in each year thereafter, to the governor, the speaker of the house and the
2-34	president of the senate on fire safety in Rhode Island, summarizing the incidence of fires in
3-1	Rhode Island, describing the status of fire safety efforts in Rhode Island and progress toward
3-2	meeting goals set forth in the five (5) year plan, and recommending actions for improving fire
3-3	safety. A copy of the report shall be provided to the secretary of state, and the report shall be
3-4	posted on the website of the fire marshal.
3-5	(c) In order to increase public information about fire risks in places of assembly, the fire
3-6	marshal shall make public the repeat and/or uncorrected fire safety code violations of all places of
3-7	assembly that are in special amusements buildings and provide this information on a website,
3-8	effective February 20, 2004.
3-9	23-28.01-6. Coordinated administration of Fire Safety and Building codes. – (a) The
3-10	fire marshal and the state building commissioner shall jointly advise by July 1, 2004, the joint
3-11	committee on the rehabilitation building code for existing buildings and structures, established by
3-12	chapter 23-29.1, with regard to any conflicts between fire safety codes and building codes and the
3-13	enforcement thereof. The joint committee shall develop comprehensive recommendations by
3-14	October 1, 2004, for resolving such conflicts, which recommendations shall be submitted to the
3-15	Fire Safety Code Board of Appeal and Review and the State Building Code Standards
3-16	Committee, as appropriate, for consideration and for implementation by rule or agreement by July
3-17	1, 2005.
3-18	(b) The Fire Safety Code Board of Appeal and Review shall report by February 1, 2004,
3-19	to the general assembly with regard to all provisions of the general and public laws that will be
3-20	either superceded or made obsolete by the adoption of changes to the Fire Safety Code.
3-21	SECTION 3. Sections 23-28.1-1, 23-28.1-2, 23-28.1-5, 23-28.1-6 and 23-28.1-7 of the
3-22	General Laws in Chapter 23-28.1 entitled "Fire Safety Code-General Provisions" are hereby
3-23	amended to read as follows:
3-24	23-28.1-1. Short title. -- Chapters 28.1 -- 28.39 of this title, and all codes referenced
3-25	therein and adopted thereunder, shall be known and may be cited as the "Fire Safety Code".
3-26	23-28.1-2. Purposes – Rules of construction – General application. – (a) Effective
3-27	January 1, 2004, the Uniform Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) of the
3-28	National Fire Protection Association, Inc., 2003 editions, with appendices, except as updated,
3-29	amended, altered or deleted and by the addition of certain provisions, as indicated in the rules and
3-30	regulations adopted by the fire safety code board, is hereby adopted as the "Rhode Island Fire
3-31	Safety Code". This code shall be liberally construed and applied to promote its underlying
3-32	purposes and policies.
3-33	(b) The underlying purposes and policies of these chapters are:
3-34	(1) To simplify, clarify and modernize the law governing fires and fire prevention;
4-1	(2) To specify reasonable minimum requirements for fire safety in new and existing
4-2	buildings and facilities, except in private dwellings occupied by one (1), two (2) or three (3)
4-3	families, in the various cities or towns in this state; provided, however, this code shall provide
4-4	reasonable standards for the installation of smoke and carbon monoxide detectors in private
4-5	dwellings occupied by one (1), two (2), and three (3) families; provided, further, that after July 1,
4-6	2008, three (3) family dwellings shall be equipped with hard wired or supervised interconnected
4-7	UL approved wireless smoke and carbon monoxide detectors, in accordance with standards
4-8	established by the Fire Safety Code Board of Appeal and Review; and
4-9	(3) Except as provided in subdivision (5) of this subsection, to permit the cities and
4-10	towns to enact ordinances and orders relating to fire safety provided those ordinances and orders
4-11	impose requirements equal to, additional to, or more stringent than those contained in this code
4-12	which ordinances and orders shall be effective only upon the approval by rule of the Fire Safety
4-13	Code Board of Appeal and Review. Any ordinance or order relating to fire safety enacted by any
4-14	city or town shall be prospective in its application and shall be enacted after public hearing. The
4-15	city or town shall cause printed notices of the time, place, and subject matter of the hearing to be
4-16	posted in three (3) public places in the city or town, for three (3) weeks next preceding the time of
4-17	the hearing, and shall advertise in a newspaper circulated in the city or town, if any there be, at
4-18	least once a week for the same period of time;
4-19	(4) Jurisdiction for the interpretation of any city or town ordinance or order relating to
4-20	fire safety shall be ~~in the division of fire safety~~ vested in the Fire Safety Code Board of Appeal
4-21	and Review; provided, however, that the responsibility for the enforcement of the ordinance or
4-22	order shall be with the local authorities and petitions for variations from the ordinance or order
4-23	shall be heard by the state fire safety board of appeal and review in the manner prescribed in
4-24	chapter 28.3 of this title; and
4-25	(5) Notwithstanding anything to the contrary contained herein, no city or town may enact
4-26	any ordinance or order relating to the requirement for the handling of explosives pursuant to
4-27	chapter ~~28.28~~ 23-28.28 or for the installation of, or specifications for, the fire alarm sections of
4-28	this code, the fire protection systems as prescribed by chapter ~~28.25~~ 23-28.25, or for the
4-29	possession and display of commercial fireworks or pyrotechnics pursuant to chapter 23-28.11 of
4-30	this title, which chapter shall exclusively govern the requirements for the installation of, and
4-31	specification for, fire protection systems, ~~and~~ the handling of explosives and possession and
4-32	display of commercial fireworks or pyrotechnics. All such ordinances or orders relating to the
4-33	requirements for the installation of and specifications for such fire protection systems, or the
4-34	handling of explosives, or possession and display of commercial fireworks or pyrotechnics
5-1	heretofore enacted by any city or town are of no force and effect.
5-2	(c) In this code, unless the context otherwise requires:
5-3	(1) Words in the singular number include the plural, and in the plural include the
5-4	singular; and
5-5	(2) Words of the masculine gender include the feminine and the neuter and, when the
5-6	sense so indicates words of the neuter gender may refer to any gender.
5-7	23-28.1-5. Definitions. -- Unless otherwise expressly stated, the following terms shall,
5-8	for the purpose of this ~~code~~ title, have the meanings indicated in this section:; provided, however,
5-9	that the terms used in NFPA 1 (Uniform Fire Code), in NFPA 101 (Life Safety Code) and in such
5-10	other national codes as are authorized for adoption by the Fire Safety Code Board of Appeal and
5-11	Review shall be given the definitions established in those codes unless another meaning is
5-12	provided for in this title and is essential to implementing the purposes of this title, and the Fire
5-13	Safety Code Board of Appeal and Review shall have authority to resolve any conflicts among
5-14	definitions in order to achieve the purposes of this title and/or provide for the efficient
5-15	administration of codes:
5-16	(1) Air supported structure. - A structural and mechanical system which is constructed of
5-17	high strength fabric or film and achieves its shape, stability, and support by pretensioning with
5-18	internal air pressure; air structures may be used for temporary applications.
5-19	(2) Alteration. - As applied to a building or structure means a change or rearrangement in
5-20	the structural parts or in the means of egress; or an enlargement, whether by extending on a side
5-21	or by increasing in height; or the moving from one location or position to another.
5-22	(3) Apartment house. - (i) The term "apartment house" shall mean a building containing
5-23	four (4) or more family units or apartments arranged such that a common means of egress is
5-24	shared by two (2) or more family units or apartments.
5-25	(ii) A family unit or apartment shall be that part of an apartment house that is arranged
5-26	for the use of one or more persons living and cooking together or alone as a single housekeeping
5-27	unit.
5-28	(4) Area of refuge. - The term "area of refuge" shall mean a ground area, reasonably
5-29	accessible from a building, of sufficient size and in safe condition for refuge by all building
5-30	occupants at a safe distance from the building. When used in relation to areas within buildings,
5-31	this term shall mean an area beyond a fire wall or smoke barrier of sufficient size to offer refuge
5-32	to all occupants on the same floor of the building.
5-33	(5) Attic. - The space between the ceiling beams of the top habitable story and the roof
5-34	rafters.
6-1	(6) Attic (habitable). - A habitable attic is an attic which has a stairway as a means of
6-2	access and egress and in which the ceiling area at a height of seven and one-third feet (7 1/3')
6-3	above the attic floor is not more than one-third ( 1/3) the area of the floor next below.
6-4	(7) Authority having jurisdiction. - Unless specifically defined to the contrary in the
6-5	various occupancy chapters, the authority having jurisdiction shall be the state fire marshal, the
6-6	deputy fire marshal, and assistant deputies.
6-7	(8) Automatic. - As applied to fire protection devices, is a device or system providing an
6-8	emergency function without the necessity of a human intervention and activated as a result of a
6-9	predetermined temperature rise, rate of rise of temperature, or increase in the level of combustion
6-10	products, such as incorporated in an automatic sprinkler system, automatic fire door, etc.
6-11	(9) Automatic detecting device. - A device which automatically detects heat, smoke, or
6-12	other products of combustion.
6-13	(10) Automatic fire alarm system. - A manual fire alarm system containing automatic
6-14	detecting device(s) which actuates a fire alarm signal.
6-15	(11) Automatic fire door. - A fire door or other opening protective constructed and
6-16	arranged so that, if open, it shall close when subjected to:
6-17	(i) A predetermined temperature,
6-18	(ii) A predetermined rate of temperature rise, or
6-19	(iii) Smoke or other products of combustion.
6-20	(12) Automatic sprinkler. - A device, connected to a water supply system, that opens
6-21	automatically at a predetermined fixed temperature and disperses a spray of water.
6-22	(13) Automatic sprinkler system. - A sprinkler system, for fire protection purposes, is an
6-23	integrated system of underground and/or overhead piping designed in accordance with fire
6-24	protection engineering standards. The system includes a suitable water supply. The portion of the
6-25	system above ground is a network of specially or hydraulically designed piping installed in a
6-26	building, structure, or area, generally overhead, and to which automatic sprinklers are connected
6-27	in a systematic pattern. The system is usually activated by heat from a fire and discharges water
6-28	over the fire area.
6-29	(14) Automatic water supply. - Water supplied through a gravity or pressure tank or
6-30	automatically operated fire pumps, or from a direct connection to an approved municipal water
6-31	main.
6-32	(15) Basement. - The term "basement" shall mean that portion of a building, the floor of
6-33	which is at least two feet (2') below the lowest adjacent ground level or sidewalk at any point, and
6-34	is below ground level for more than fifty percent (50%) of its area to a depth greater than fifty
7-1	percent (50%) of its clear story height (floor to ceiling). (See "Story," "Cellar.")
7-2	(16) Boarding homes. - The term "boarding home" shall mean a building used in whole
7-3	or in part as a place for the boarding and care of five (5) or more persons, excluding a family
7-4	group of a dwelling or home, and homes for the aged, but shall not include such places as are
7-5	defined under the term "hospital," "convalescent home," "nursing home," "foster home," "rest
7-6	home."
7-7	(17) Building. - Any structure used or intended for supporting or sheltering any use or
7-8	occupancy.
7-9	(18) Building (Existing). - Any structure erected prior to the adoption of the appropriate
7-10	code, or one for which a legal building permit has been issued.
7-11	(19) Business building. - The term "business building" shall mean a building used for or
7-12	planned for use in transacting business that does not involve the storage of stocks or goods,
7-13	wares, or merchandise in large quantities, except such as are incidental to display purposes;
7-14	included, among others shall be office buildings, civil administration activities, professional
7-15	services, testing, and research laboratories, radio stations, telephone exchanges, gasoline stations
7-16	having a storage capacity under twenty thousand (20,000) gallons, and similar establishments.
7-17	(20) Cellar. - That portion of a building the ceiling of which is completely below ground
7-18	level at all exterior walls. (See "Story," "Basement.")
7-19	(21) Child day care center. - The term "child day care center" shall mean a room or
7-20	group of rooms or spaces within a building used as a place for the care, guidance and/or
7-21	supervision of a total of five (5) or more children not of common parentage, which term shall
7-22	include all such places known as day nurseries, nursery schools, kindergarten schools, play
7-23	schools, and preschools.
7-24	(22) Chimney. - A primarily vertical enclosure containing one or more passageways.
7-25	(23) Chimney connector. - A pipe which connects a fuel burning appliance to a chimney.
7-26	(24) Classroom. - The term "classroom" shall mean a room used by a group of students
7-27	to receive instructions or pursue studies.
7-28	(25) Code. - The term "code" shall mean this Fire Safety Code established under the
7-29	provisions of section 23-28.1-1.
7-30	(26) Combustible. - The term "combustible" shall mean that which is not within the
7-31	category of "noncombustible," as defined in this section of the code.
7-32	(27) Convalescent home. - See intermediate care facility.
7-33	(28) Covered mall. - A covered or roofed interior area used as a pedestrian public way
7-34	and connecting buildings and/or a group of buildings housing individual or multiple tenants.
8-1	(29) Dumbwaiters. - A "dumbwaiter" is a lifting and lowering mechanism with a floor
8-2	area not exceeding nine (9) square feet, with a car top not more than four feet (4') above the car
8-3	floor, the capacity not to exceed five hundred pounds (500 lbs.), which is used exclusively for
8-4	carrying freight. No persons are permitted to ride on, in, or to step into the car.
8-5	(30) Elevator. - An elevator is a hoisting and lowering mechanism equipped with a car
8-6	platform which moves in guides in a substantially vertical direction which services two (2) or
8-7	more floors of a building or structure.
8-8	(31) Exit. - The term "exit" shall have the same meaning as "means of egress," as defined
8-9	in this section.
8-10	(32) Factory-built chimneys. - A chimney that is factory made, listed by a nationally
8-11	recognized testing or inspection agency, for venting gas appliances, gas incinerators, and solid or
8-12	liquid fuel burning appliances.
8-13	(33) Family day care home. - The term "family day care home" means any home other
8-14	than the child's home in which child day care in lieu of parental care and/or supervision is offered
8-15	at the same time to at least four (4) but not more than eight (8) children who are not relatives of
8-16	the care giver, and which is licensed by the state department of children, youth, and families and
8-17	subject to the department's regulations.
8-18	(34) Fire door. - The term "fire door" shall mean a door and its assembly with jamb, so
8-19	constructed and assembled in place as to have a certified fire-resistant rating of at least the herein
8-20	prescribed duration.
8-21	(35) Fire retardant treated wood. - (i) The term "fire retardant treated wood" shall mean
8-22	wood so treated by a pressure impregnation process as to reduce its combustibility. When
8-23	permitted as a structural element, fire retardant treated wood shall be tested in accordance with
8-24	Standards of N.F.P.A. 255, A.S.T.M.E.-84 and U.L. 723, and shall show a flamespread rating of
8-25	no greater than twenty-five (25) when exposed for a period of not less than thirty (30) minutes
8-26	with no evidence of significant progressive combustion. The material shall bear the identification
8-27	of an accredited authoritative testing agency showing the performance thereof.
8-28	(ii) When used as an interior finish, material fire retardant treated wood shall meet the
8-29	required flame spread ratings when tested in accordance with the test scale described in the
8-30	definition of flamespread.
8-31	(iii) Such material shall not be used on the exterior of buildings where it will be exposed
8-32	directly to the weather.
8-33	(36) Fire wall. - The term "fire wall" shall mean a wall of brick, reinforced concrete,
8-34	hollow masonry units or other approved noncombustible materials, which subdivides a building
9-1	or separates a building to restrict the spread of fire; and shall have sufficient structural stability
9-2	under fire conditions to allow collapse of construction on either side without collapse of the wall;
9-3	and shall be continuous from foundation to two feet eight inches (2'8") above the roof surface,
9-4	except the wall is permitted to terminate at the underside of the roof deck where the roof is of
9-5	noncombustible construction and is properly firestopped at the wall or the roof sheathing or deck
9-6	is constructed of approved noncombustible materials or approved fire-retardant treated wood and
9-7	the wall is properly firestopped at the deck for a distance of four feet (4') on both sides of the wall
9-8	and the roof covering has a minimum of a class C rating.
9-9	(37) Flame resistance. - The property of materials or combinations of component
9-10	materials which restricts the spread of flame as determined by the flame resistance tests specified
9-11	in this code.
9-12	(38) Flamespread. - The propagation of flame over a surface.
9-13	(39) Flamespread rating. - The measurement of flamespread on the surface of materials
9-14	or their assemblies as determined by tests conducted in compliance with recognized standards.
9-15	(40) Flamespread rating. - The term "flamespread rating" shall mean the classification of
9-16	materials in accordance with the method of testing the surface burning characteristics of building
9-17	materials as described in N.F.P.A. pamphlet 255, A.S.T.M.E.-84, and U.L. 723, in which asbestos
9-18	cement board rates zero (0) on the scale, and red oak lumber, one hundred (100).
9-19	(41) Flammable. - Subject to easy ignition and rapid flaming combustion.
9-20	(42) Floor furnace. - A self-contained, connected or vented furnace designed to be
9-21	suspended from the floor of the space being heated taking air for combustion outside this heated
9-22	space and with means for observing the flame and lighting the appliance from the space being
9-23	heated.
9-24	(43) Forced warm air furnace. - A furnace equipped with a blower to provide the primary
9-25	means for circulating air.
9-26	(44) Grade. - A reference plane representing the average of finished ground level
9-27	adjoining the building at all exterior walls.
9-28	(45) Grade hallway, grade lobby, grade passageway. - An enclosed hallway or corridor
9-29	that is an element of an exitway, terminating at a street or an open space or court communicating
9-30	with a street.
9-31	(46) Grandstand. - Any structure, except movable seating and sectional benches,
9-32	intended primarily to support individuals for the purposes of assembly, but this definition shall
9-33	not apply to the permanent seating in theatres, churches, auditoriums, and similar buildings.
9-34	(47) Group home I. - A "group home I" for children means a specialized facility for child
10-1	care and treatment in a dwelling or apartment owned, rented or leased by a public child-placing
10-2	agency, private licensed child-placing agency, a family and independent operator or private or
10-3	public organization which receives no more than eight (8) children for care both day and night. A
10-4	"group home I" shall be subject to the same fire and health regulations which apply to "homes for
10-5	the boarding of children" licensed by the state department of children, youth, and families with a
10-6	maximum total of eight (8) children as defined in chapter 28.13 of this title, sections 23-28.13-27
10-7	to 23-28.13-33, inclusive; provided, however, that the provisions of section 23-28.30-13 shall
10-8	also be applicable.
10-9	(48) Habitable space. - Space in a structure for living, sleeping, eating, or cooking.
10-10	Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not
10-11	considered habitable space.
10-12	(49) Habitable space, minimum height. - A clear height from finished floor to finished
10-13	ceiling of not less than seven and one-half feet (7 1/2'), except that in attics and top half stories
10-14	the height shall be not less than seven and one-third feet (7 1/3') over not less than one-third ( 1/3)
10-15	the area of the floor when used for sleeping, study, or similar activity.
10-16	(50) Habitable space, minimum size. - A space with a minimum dimension of seven feet
10-17	(7') and a minimum area of seventy square feet (70 sq. ft.) between enclosing walls or partitions,
10-18	exclusive of closet and storage spaces.
10-19	(51) Halogenated extinguishing system. - A system of pipes, nozzles, and an actuating
10-20	mechanism and a container of halogenated agent under pressure.
10-21	(52) Health care facilities. - A place, however named, which is established, offered,
10-22	maintained, or operated for the provision of organizing inpatient or ambulatory medical,
10-23	diagnostic, therapeutic, nursing, rehabilitative, or preventive care of persons with physical,
10-24	mental, or other disabling conditions or diseases; including, but not limited to, hospitals, skilled
10-25	nursing facilities, and intermediate care facilities.
10-26	(53) Heating appliance. - Any device designed or constructed for the generation of heat
10-27	from solid, liquid, or gaseous fuel or electricity.
10-28	(54) High rise. - Is a structure more than six (6) stories or which is more than seventy-
10-29	five feet (75') in height above the basement or ground.
10-30	(55) Hollow masonry unit. - A masonry unit whose net cross-sectional area in any plane
10-31	parallel to the bearing surface is less than seventy-five percent (75%) of its gross cross-sectional
10-32	area measured in the same plane.
10-33	(56) Horizontal exit. - The "horizontal exit" shall mean a doorway through or around a
10-34	fire wall protected by a fire door, which door shall not be held in an open position by a device
11-1	which will require more than one movement of normal strength to close. This term shall also
11-2	include a bridge connecting two (2) buildings whose outside walls are of masonry construction.
11-3	(57) Hospital. - A "hospital" is a health facility with an organized medical staff providing
11-4	for twenty-four (24) hour inpatient services for the diagnosis, care and treatment of two (2) or
11-5	more individuals unrelated by blood or marriage.
11-6	(58) Hotel. - The term "hotel" shall mean a building or portion of a building used as a
11-7	place where sleeping accommodations are furnished for hire or other consideration, with or
11-8	without board, for twenty-one (21) or more guests or employees of the management, or in which
11-9	eleven (11) or more sleeping rooms are maintained for such guests or employees. The term
11-10	"hotel" shall include all clubs, schools, motels, dormitories, or other buildings which have similar
11-11	sleeping accommodations, but shall not include apartment houses, hospitals, penal institutions, or
11-12	buildings housing the insane.
11-13	(59) Industrial building. - The term "industrial building" shall mean a building or
11-14	structure used, or planned to be used for manufacturing primarily, or in which five (5) or more
11-15	persons, at any one time, are engaged in performing work or labor in fabricating, assembling, or
11-16	processing of products or materials. Included, among others, shall be factories, assembly plants,
11-17	industrial laboratories, and all other industrial or manufacturing uses; excluding high hazard uses.
11-18	This definition shall also apply to those industrial buildings the contents of which are classified as
11-19	ordinary hazard or high hazard in accordance with section 23-28.17-7 regardless of the number of
11-20	employees.
11-21	(60) Interior finish. - (i) The term "interior finish" shall mean and include the material on
11-22	walls, on partitions of fixed or movable type, on ceilings and on other exposed interior surfaces of
11-23	buildings and any surfacing material including paint or wall coverings applied thereto. "Interior
11-24	finish" includes materials affixed to the building structure as distinguished from decorations or
11-25	furnishings which are not so affixed. Finish floors and floor coverings shall be considered a part
11-26	of the interior finish.
11-27	(ii) The classification of interior finish materials shall be that of the basic material used,
11-28	without regard to subsequently applied paint or paper or materials of no greater fire hazard than
11-29	paper, provided such finish does not exceed one-twenty-eighth of an inch ( 1/28") in thickness
11-30	and is applied directly to a noncombustible base. Baseboards, chair rails, moulding, trim around
11-31	openings, and other interior trim not more than twelve inches (12") in width and not exceeding
11-32	ten percent (10%) of the exposed wall and ceiling surface of the area involved, may be Class A, B
11-33	or C. Exposed portions of heavy timber members shall not be subject to interior finish
11-34	regulations. Interior finish materials that give off smoke or gases more dense or more toxic than
12-1	that given off by untreated wood under comparable exposure to heat or flame shall not be
12-2	permitted.
12-3	(iii) Interior finish materials shall be grouped in accordance with their flamespread
12-4	characteristics as follows:
12-5	(A) "Class A" includes any material classified at twenty-five (25) or less flamespread
12-6	rating as established by the test scale described in the definition of flamespread rating. Any
12-7	element thereof when so tested shall not continue to propagate flame.
12-8	(B) "Class B" includes any material classified at more than twenty-five (25) but not more
12-9	than seventy-five (75) as established by the test scale as described in the definition of flamespread
12-10	rating.
12-11	(C) "Class C" includes any material classified at more that seventy-five (75) but not
12-12	more than two hundred (200) as established by the test scale described in the definition of
12-13	flamespread rating.
12-14	(61) Intermediate care -- Class I. - An intermediate care -- Class I is a physical structure
12-15	properly equipped and employing sufficient appropriate personnel to render proper nursing care
12-16	to patients with chronic conditions who do not require professional nursing service.
12-17	(62) Intermediate care -- Class II. - An intermediate care -- Class II is a physical
12-18	structure properly equipped and employing sufficient appropriate personnel capable of providing
12-19	care for ambulatory persons requiring minimal or no specialized nursing service but in need of
12-20	personal care and supervision.
12-21	(63) Intermediate care facility. - An intermediate care facility is a health care facility or
12-22	an identifiable unit or distinct part of a facility which provides twenty-four (24) hour inpatient
12-23	preventive and supportive nursing care to two (2) or more persons unrelated by blood or marriage
12-24	whose condition is stabilized but requires continued nursing care and supervision.
12-25	(64) Labeled. - The word "labeled" used in connection with equipment throughout these
12-26	regulations refers to equipment bearing the inspection label of the nationally recognized testing
12-27	agency.
12-28	(65) Limited area sprinkler system. - An automatic sprinkler system consisting of not
12-29	more than twenty (20) sprinklers for use in a room or space enclosed by construction assemblies
12-30	as required by this code.
12-31	(66) Liquefied natural gas. - A fluid in the liquid state composed predominantly of
12-32	methane and which may contain minor quantities of ethane, propane, nitrogen or other
12-33	components normally found in natural gas.
12-34	(67) Liquefied petroleum gas. - The term "liquefied petroleum gas" and its symbol, "LP-
13-1	Gas," as used in this code, shall mean and include any material which is composed predominantly
13-2	of any of the following hydrocarbons, or mixtures of them; propane, propylene, butanes (normal
13-3	butane or iso-butane), and butylenes.
13-4	(68) Listed. - The word "listed" used throughout these regulations in connection with
13-5	equipment refers to devices and materials that have been investigated by and meet the listing
13-6	requirements of a nationally recognized testing agency. This equipment shall be identifiable by
13-7	means of a label or other distinguishing marking specified in the current list published by the
13-8	testing agency.
13-9	(69) Lobby. - The enclosed vestibule between the principal entrance to the building and
13-10	the doors to the main floor of the auditorium or assembly room of a theatre or place of assembly,
13-11	or to the main floor corridor of a business building.
13-12	(70) Masonry chimney. - A field constructed chimney of solid masonry units, bricks,
13-13	stones, listed hollow masonry units, or reinforced concrete built in accordance with nationally
13-14	recognized standards.
13-15	(71) Means of egress. - A continuous and unobstructed path of travel from any point in a
13-16	building or structure to a public space and consists of three (3) separate and distinct parts: (i) the
13-17	exitway access; (ii) the exitway; and (iii) the exitway discharge. A means of egress comprises the
13-18	vertical and horizontal means of travel and shall include intervening room spaces, doors,
13-19	hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators,
13-20	horizontal exits, courts, and yards.
13-21	(72) Mercantile buildings. - The term "mercantile building" shall mean a building or
13-22	structure used or intended to be used for the display or sale of goods, wares, and merchandise and
13-23	in which people congregate, but involving only storage of stocks and goods that are incidental to
13-24	display and merchandising, including among others, retail stores, shops, sales rooms, and
13-25	markets, excluding high hazard contents.
13-26	(73) Metal chimney (Smokestack). - A field constructed chimney made of metal and
13-27	built in accordance with nationally recognized standards.
13-28	(74) Mezzanine. - An intermediate level between the floor and ceiling of any story, and
13-29	covering not more than thirty-three percent (33%) of the floor area of the room in which it is
13-30	located.
13-31	(75) Motels. - See "hotels."
13-32	(76) Noncombustible. - The term "noncombustible" as applied to building construction
13-33	materials means material which, in the form in which it is used, falls in one of the following
13-34	groups (i) through (iii). No material shall be classed as noncombustible which is subject to
14-1	increase in combustibility or flamespread rating beyond the limits established in this code,
14-2	through the effects of age, moisture, or other atmospheric condition. Flamespread rating as used
14-3	herein refers to ratings established by the test scale described in the definition of flamespread
14-4	rating.
14-5	(i) Materials no part of which will ignite and burn when subjected to fire.
14-6	(ii) Materials having a structural base of noncombustible material as defined in (i) with a
14-7	surfacing material not over one-eighth inch ( 1/8") thick which has a flamespread rating not
14-8	higher than fifty (50).
14-9	(iii) Materials, other than as described in (i) and (ii), having a surface flamespread rating
14-10	not higher than twenty-five (25) without evidence of continued progressive combustion and of
14-11	such composition that surfaces that would be exposed by cutting through the material in any way
14-12	would not have a flamespread rating higher than twenty-five (25) without evidence of continued
14-13	progressive combustion.
14-14	(77) Noncombustible material. - (i) The term "noncombustible material" when used in
14-15	relation to interior finish on walls or on partitions of fixed or movable type or on other exposed
14-16	interior wall surfaces and any surface material such as paint or other wall coverings shall mean
14-17	material which in the form it is used falls into clause (A) or (B): (A) Materials no part of which
14-18	will ignite or burn when subjected to fire; (B) Materials other than described in clause (A) having
14-19	a maximum surface flamespread rating on both front and back faces not higher than Class A
14-20	without evidence of continued progressive combustion and of such composition that surfaces
14-21	exposed by cutting through the material in any way would not have a flamespread rating higher
14-22	than Class A without evidence of continued progressive combustion.
14-23	(ii) The term "noncombustible material" when used in relation to acoustical ceiling tile
14-24	or other interior finish on ceilings shall mean materials having a maximum surface flamespread
14-25	rating on both front and back faces not higher than Class A without evidence of continued
14-26	progressive combustion and of such composition that surfaces exposed by cutting through the
14-27	material in any way would not have a flamespread rating higher than Class A without evidence of
14-28	continued progressive combustion and when used as a part of a ceiling assembly the assembly
14-29	shall be of a design tested and listed by underwriters' laboratories, inc., as having a fire resistance
14-30	rating of not less than one hour.
14-31	(iii) No material shall be classed as noncombustible which is subject to increase in
14-32	combustibility or flamespread rating beyond the limits established in this code through the effects
14-33	of age, moisture, or other atmospheric condition. Flamespread rating, as used in this code refers
14-34	to ratings obtained according to standard tunnel test methods of a nationally recognized
15-1	laboratory in which asbestos cement board rates zero (0) on the scale and red oak lumber one
15-2	hundred (100), in accordance with Standards of N.F.P.A. 255, A.S.T.M.E.-84 and U.L. 723.
15-3	(iv) The term "noncombustible" when used in relation to buildings in general and
15-4	components of buildings shall mean that type of structure which is constructed completely of
15-5	masonry, reinforced concrete, metal, or other materials having fire resistance rating of not less
15-6	than two (2) hours. A building shall be termed "noncombustible" whether or not wood flooring
15-7	has been laid over solid or slab masonry, and whether or not door and window assemblies are of
15-8	wood.
15-9	(78) Occupancy. - The term "occupancy" shall mean the use of space or rooms within a
15-10	building by a person or group of persons.
15-11	(79) Place of assembly. - The term "place of assembly" shall mean a room or space
15-12	within a building in which the possible maximum occupancy is more than seventy-five (75)
15-13	persons in existing buildings and in which more than fifty (50) persons assemble in new
15-14	structures for religious, recreational, educational, political, fraternal, social or amusement
15-15	purposes, or for the consumption of food or drink, except school classrooms, libraries,
15-16	courtrooms, or any portion of a private dwelling. The room or space shall include adjacent rooms
15-17	with intervening partitions, open or capable of being opened so as to allow for occupancy with a
15-18	common purpose.
15-19	(80) Place of outdoor assembly. - Premises used or intended to be used for public
15-20	gatherings of two hundred (200) or more individuals in other than buildings.
15-21	(81) Plastic, combustible. - A plastic material more than one-twentieth inches ( 1/20") in
15-22	thickness which burns at a rate of not more than two and one-half inches (2 1/2") per minute
15-23	when subjected to ASTM D 635, standard method of test of flammability of self-supporting
15-24	plastics.
15-25	(82) Posted sign. - The tablet, card, or plate which defines the use, occupancy, fire
15-26	grading and floor loads of each story, floor or parts thereof for which the building or part thereof
15-27	has been approved.
15-28	(83) Proprietary system. - A protective signaling system under constant supervision by
15-29	competent and experienced personnel in a central supervision station at the property protected.
15-30	The system includes equipment and other facilities required to permit the operators to test and
15-31	operate the system and, upon receipt of a signal, to take such action as shall be required under the
15-32	rules established for their guidance by the authority having jurisdiction.
15-33	(84) Protected corridor. - A corridor or hallway in a building which extends from exit to
15-34	exit and which has walls or partitions of materials and construction having a fire resistant rating
16-1	of one hour or more.
16-2	(85) Public space. - A legal open space on the premises, accessible to a public way or
16-3	street, such as yards, courts, or open spaces permanently devoted to public use which abuts the
16-4	premises.
16-5	(86) Pyroxylin plastic. - Any nitro-cellulose product or compound soluble in a volatile,
16-6	flammable liquid, including such substances as celluloid, pyroxylin, fiberloid, and other cellulose
16-7	nitrates (other than nitrocellulose film) which are susceptible to explosion from rapid ignition of
16-8	the gases emitted therefrom.
16-9	(87) Recessed heater. - A completely self-contained heating unit usually recessed in a
16-10	wall and located entirely above the floor of the space it is intended to heat.
16-11	(88) Remote station system. - An electrical alarm system capable of automatically
16-12	notifying the public or private fire departments, or other approved constantly attended location,
16-13	when the system is activated.
16-14	(89) Riser. - The vertical supply pipes in a sprinkler system or standpipe system.
16-15	(90) Rooming houses. - The term "rooming house" shall mean any building which is
16-16	used in whole or in part as a place where sleeping accommodations are furnished for hire or other
16-17	consideration, with or without board, for not more than twenty (20) guests or employees of the
16-18	management, or only ten (10) or less sleeping rooms are maintained for such guests or
16-19	employees. This term shall include all tourist homes, lodging homes, convents, monasteries, and
16-20	other nonprofit or charitable institutions which have accommodations as aforesaid, but shall not
16-21	include private dwellings which accommodate not more than four (4) habitational guests or
16-22	employees, or apartment houses, hotels, or convalescent homes, nursing home, home for the
16-23	aged, or boarding home, as defined in this code.
16-24	(91) Schools. - A school is a building used for the gathering of six (6) or more persons
16-25	for the purpose of instruction. Exceptions: Child day care centers and proprietary schools for
16-26	adults, which must conform to the provisions of the Rhode Island Fire Safety Code relating to the
16-27	occupancies in which they are located.
16-28	(92) Sheltered care facility for adults. - A sheltered care facility for adults is any
16-29	establishment, facility, place, building, agency, institution, corporation or part thereof, or a
16-30	partnership whether public or private, whether organized for profit or not, used, operated, or
16-31	engaged in providing lodging or board or housekeeping in a protective environment, to two (2) or
16-32	more residents unrelated to the owner, excluding however, any privately operated establishment
16-33	or facility licensed pursuant to chapter 17 of this title, and those facilities licensed by the
16-34	department of mental health, retardation, and hospitals or any other state agency. A resident of a
17-1	sheltered care facility for adults is an individual who is an adult not requiring medical or nursing
17-2	care as provided in a health care facility and who has impairments as a result of age and/or
17-3	physical or mental limitations requiring lodging or board or housekeeping in a protective
17-4	environment but is capable of self preservation in emergency situations. The term sheltered care
17-5	facility for adults may include rooming houses or hotels which provide the above mentioned
17-6	services and whose residents meet the above mentioned criteria. The term shall not include health
17-7	care facility, boarding homes, group homes, or community residences as defined in this code.
17-8	(93) Skilled nursing facility. - A health facility or unit thereof that provides twenty-four
17-9	(24) hour inpatient skilled nursing, therapeutic or restorative care services for two (2) or more
17-10	patients unrelated by blood or marriage with a rehabilitative potential or condition requiring
17-11	skilled care.
17-12	(94) Smoke barrier. - The term "smoke barrier" shall mean a partition with a fire-
17-13	resistance rating of not less than one-half ( 1/2) hour with any door openings therein equipped
17-14	with a door so hung as to be reasonably smoke and gas tight when closed. Any such door shall be
17-15	at least equivalent to a one and three-eighth inch (1 3/8") solid bonded core wood door. The door
17-16	shall not be fastened in an open position by a device which will require more than one movement
17-17	of normal strength to swing the door to a closed position. The barrier shall be located to provide
17-18	ample area of refuge on each side of the partition of all occupants of the story secured by the
17-19	barrier and shall extend through any dropped ceiling to the floor or roof above. The barrier may
17-20	have wire-glass panels each not to exceed six square feet.
17-21	(95) Special amusement building concentrated occupancy place of assembly. - The term
17-22	“special amusement building concentrated occupancy place of assembly” shall mean a Class A,
17-23	B, or C place of assembly with a maximum occupancy calculated on the basis of less than fifteen
17-24	square feet (15 sq. ft) per person and for which either there is a license issued pursuant to chapter
17-25	3-7 or there is entertainment or there are both a liquor license and entertainment.
17-26	~~(95)~~ (96) Sprinklered. - The term "sprinklered" shall mean to be completely protected by
17-27	an approved system of automatic sprinklers installed and maintained in accordance with N.F.P.A.
17-28	Standards.
17-29	~~(96)~~ (97) Stage. - A partially enclosed portion of an assembly building which is designed
17-30	or used for the presentation of plays, demonstrations, or other entertainment wherein scenery,
17-31	drops, or other effects may be installed or used, and where the distance between the top of the
17-32	proscenium opening and the ceiling of the stage is more than five feet (5').
17-33	~~(97)~~ (98) Stairway. - One or more flights of stairs, and the necessary landings and
17-34	platforms connecting them, to form a continuous and uninterrupted passage from one floor to
18-1	another. A flight of stairs, for the purposes of this article, must have at least three (3) risers.
18-2	~~(98)~~ (99) Standpipe. - A wet or dry fire pipe line, extending from the lowest to the
18-3	topmost story of a building or structure, equipped with a shut-off valve with hose outlets at every
18-4	story.
18-5	~~(99)~~ (100) Storage building. - The term "storage building" shall mean a building or
18-6	structure used, or planned for use primarily for the storage of goods, wares, and merchandise, and
18-7	in which less than five (5) persons are employed in the labor of manufacturing or processing.
18-8	Included, among others, shall be warehouses, storehouses, and freight depots. Buildings in this
18-9	heading storing high hazard contents shall be protected as described and classified in the section
18-10	so headed.
18-11	~~(100)~~ (101) Story. - The term "story" shall mean that portion of a building between a
18-12	floor and the floor next above; and shall apply to the basement. The first story shall be that story
18-13	which is of such height above ground level that it does not come within the definitions of a
18-14	basement or shall be that story located immediately above a basement. The second story shall
18-15	mean a story located immediately above the first story and upper stories shall be in numerical
18-16	sequence accordingly. (See also "Mezzanine.")
18-17	~~(101)~~ (102) Story (First). - The lowermost story entirely above the grade plane.
18-18	~~(102)~~ (103) Theatre. - The term "theatre" shall mean a building or part of a building in
18-19	~~which more than seventy-five (75) persons may assemble in existing buildings and~~ in which fifty
18-20	(50) or more persons may assemble ~~in new building~~ for presentation of a theatrical stage
18-21	performance or motion picture presentation. All theatres shall comply with applicable
18-22	requirements for places of assembly.
18-23	~~(103)~~ (104) Unit heater. - A factory assembled device designed to heat and circulate air.
18-24	Essential components are a heat transfer element, housing, and fan with driving motor. Normally
18-25	designed for free delivery of recirculated air.
18-26	~~(104)~~ (105) Vertical opening. - An opening through a floor or roof.
18-27	~~(105)~~ (106) Warm air furnace. - A solid, liquid, or gas fired appliance for heating air to
18-28	be distributed with or without duct systems to the space to be heated.
18-29	~~(106)~~ (107) Winding stairs. - The term "winding stairs" shall mean a flight of two (2) or
18-30	more steps which, in changing direction, does so by benefit of variance in the width along each
18-31	tread. This term shall not include such stairs as have treads of uniform width throughout and
18-32	change direction by benefit of intermediate landings or platforms.
18-33	23-28.1-6. Applicability to new or existing structures. – ~~Unless otherwise expressly~~
18-34	~~provided, all~~ All regulations contained in this code apply to all ~~new~~ structures unless specifically
19-1	exempted. Prior to a building permit being issued, all plans for buildings regulated under this
19-2	code shall be submitted to the authority having jurisdiction. The authority having jurisdiction ~~has~~
19-3	shall ~~fifteen (15) days after submission to review and~~ approve or disapprove the completed set of
19-4	plans within a reasonable time, not to exceed ninety (90) days. When a change of use or type of
19-5	occupancy is made in an existing building, the building shall conform to the requirements
19-6	established by the rehabilitation building and fire code for existing buildings and structures, or if
19-7	the rehabilitation building and fire code for existing structures is not applicable, to the
19-8	requirements for new structures as related to the proposed use or type of occupancy.
19-9	23-28.1-7. Conformity required. -- (a) No building shall be constructed for, used for, or
19-10	converted to, any occupancy regulated by the code, and no addition shall be made to a building
19-11	except in accordance with the applicable provisions of the code or the rehabilitation building and
19-12	fire code for existing buildings and structures, as applicable. In case two (2) or more classes of
19-13	occupancy occur in the same building, the most hazardous occupancy or the class of occupancy
19-14	calling for the most stringent requirements for life safety under the code shall govern the
19-15	classification of the entire building, unless suitable separation or other acceptable fire safety
19-16	provisions are afforded by compliance with other pertinent codes.
19-17	(b) Any existing structure that is not in conformity with the provisions of this code is
19-18	governed by the following:
19-19	(1) The authority having jurisdiction is authorized to give building owners a reasonable
19-20	notice of fire safety code violations and establish a timetable for compliance or, in cases of
19-21	practical difficulty, establish a time by which the owner must petition to the fire safety code board
19-22	for a variation.
19-23	(2) The fire marshal, or his or her designee within the division, or a nonsalaried deputy
19-24	state fire marshal in accordance with guidelines established by the fire marshal ~~with the approval~~
19-25	~~of the chairperson of the board of appeal and review~~, has the authority to summarily abate any
19-26	condition ~~which is in violation of any provision of this code and~~ which presents immediate
19-27	danger to life, which conditions shall include improper management or use of flammable and
19-28	combustible materials, liquids and gasses, pyrotechnics, fireworks or explosives, malfunctioning
19-29	automatic sprinklers, fire alarms and emergency lighting, malfunctioning heating and electrical
19-30	systems, and blocked or inadequate exits or means of egress, and such other conditions as may be
19-31	established by the Fire Safety Code Board of Appeal and Review. A failure to abate a condition
19-32	that presents a clear and immediate danger to life shall be grounds for the person issuing the order
19-33	to abate, to require that the premises be vacated, which action shall be either authorized by the
20-1	fire marshal or a designee of the fire marshal who has been given advanced written authority by
20-2	the fire marshal to approve such actions.
20-3	(3) ~~All existing buildings which are deemed to be in compliance with specific provisions~~
20-4	~~of the code prior to any 1978 amendment are exempt from the amendment unless there is a~~
20-5	~~change of occupancy or more than fifty percent (50%) of the total valuation of the building is to~~
20-6	~~be changed within a one year period or unless the rehabilitation building and fire code for existing~~
20-7	~~buildings and structures is applicable. Those requirements not met prior to 1978 are subject to the~~
20-8	~~latest amendment.~~ All new buildings and structures, for which a building permit is issued on or
20-9	after February 20, 2004, shall be subject to the provisions of the Rhode Island Fire Safety Code
20-10	addressing the new occupancy. All existing building and structures, and those building and
20-11	structures for which a building permit was issued prior to February 20, 2004, shall be subject to
20-12	the provisions of the Rhode Island Fire Safety Code addressing the existing occupancy. Any
20-13	existing building or structure, subject to the provisions of the Rehabilitation Building and Fire
20-14	Code for Existing Buildings and Structures, shall also comply with the existing occupancy
20-15	provisions of the Rhode Island Fire Safety Code addressing the current or proposed occupancy.
20-16	All active fire protection systems, such as sprinklers, fire alarms, emergency lighting and exit
20-17	signs, previously required and installed in existing buildings, shall continue to be required under
20-18	the Rhode Island Fire Safety Code and shall be properly maintained.
20-19	SECTION 4. Sections 23-28.2-4, 23-28.2-14, 23-28.2-20 and 23-28.2-21 of the General
20-20	Laws in Chapter 28.2 entitled "Division of Fire Safety" are hereby amended to read as follows:
20-21	23-28.2-4. Duties and responsibilities of state fire marshal. -- The state fire marshal
20-22	shall have the authority to enforce and perform the duties required by the Fire Safety Code,
20-23	chapters 28.1 - 28.39 of this title, and all other provisions of the general laws and public laws
20-24	insofar as such powers and duties relate to fires, fire prevention, fire protection, fire inspection,
20-25	and fire investigation. It shall also be the duty of the state fire marshal to enforce all laws of this
20-26	state in regard to:
20-27	(1) The keeping, storage, use, manufacture, sale, handling, transportation, or other
20-28	disposition of explosives and inflammable materials.
20-29	(2) Conducting and supervising fire safety inspections of all buildings regulated by the
20-30	code within the state.
20-31	(3) It shall be the duty of the state fire marshal and his or her deputies to certify to any
20-32	state or federal agency whether or not any building covered satisfies the requirements of chapters
20-33	28.1 - 28.39 of this title.
21-1	(4) It shall the duty of the fire marshal to plan for and oversee the comprehensive,
21-2	professional enforcement of the fire safety code.
21-3	23-28.2-14. Enforcement. -- (a) Within the division, there shall be an enforcement unit
21-4	responsible for the initiation of criminal prosecution of any person(s) in violation of the state Fire
21-5	Safety Code or failure to comply with an order to abate conditions that constitute a violation of
21-6	the Fire Safety Code, chapters 28.1 - 28.39 of this title, and/or the general public laws of the state
21-7	as they relate to fires, fire prevention, fire inspections, and fire investigations. This unit will
21-8	consist of the state fire marshal, chief deputy state fire marshal, chief of technical services,
21-9	explosive technician, assistant explosive technicians, and the arson investigative staff, each of
21-10	whom must satisfactorily complete at the Rhode Island state police training academy an
21-11	appropriate course of training in law enforcement or must have previously completed a
21-12	comparable course. To fulfill their responsibilities, this unit shall have and may exercise in any
21-13	part of the state all powers of sheriffs, deputy sheriffs, town sergeants, chiefs of police, police
21-14	officers, and constables.
21-15	(b) The fire marshal shall have the power to implement a system of civil enforcement to
21-16	achieve compliance with the Fire Safety Code, which shall include inspections as provided for in
21-17	section 23-28.2-20, the issuance of citations in a form approved by the fire marshal, and the
21-18	issuance of formal notices of violation. The Fire Safety Code Board of Appeal and Review, with
21-19	recommendations from the fire marshal, shall by February 20, 2004, adopt rules establishing, for
21-20	those categories of violation of the Fire Safety Code that can be identified through inspection,
21-21	citations requiring correction of the violation within a reasonable time period. The Fire Safety
21-22	Code Board of Appeal and Review shall recommend a system of penalties for violations subject
21-23	to citation for adoption by the general assembly, which fines would be used for fire prevention
21-24	purposes by the jurisdiction that issues the citation.
21-25	23-28.2-20. Right of entry. – (a) In the discharge of its duties, the authority having
21-26	jurisdiction shall have the authority to enter at any reasonable hour, any building, structure, or
21-27	premises in the state to enforce the provisions of the Fire Safety Code, chapters 28.1 - 28.39 of
21-28	this title. If any owner, occupant, or other person refuses, impedes, inhibits, interferes with,
21-29	restricts, or obstructs entry and free access to every part of the structure, operation, or premise
21-30	where inspection authorized by this code is sought, the authority having jurisdiction may:
21-31	(1) Seek in a court of competent jurisdiction a search warrant so as to apprise the owner,
21-32	occupant, or other person concerning the nature of the inspection and justification for it, and may
21-33	seek the assistance of police authorities in presenting the warrant; and/or
22-1	(2) Revoke or suspend any license, permit, or other permission regulated under this code
22-2	where inspection of the structures, operation or premises, is sought to determine compliance with
22-3	this code.
22-4	(3) Enter, examine or survey at any reasonable time such places as the fire marshal or his
22-5	or her designee deems necessary to carry out his or her responsibilities under any provision of law
22-6	subject to the provisions set forth below. For places of assembly as defined in section 23-28.1-5,
22-7	including special amusement building concentrated occupancy places of assembly, inspections
22-8	shall be reasonable during actual hours of maximum operation, regardless of the time, and such
22-9	inspections for special amusement building concentrated occupancy places of assembly, shall be
22-10	conducted at least annually.
22-11	(1) For criminal investigations, the fire marshal shall, pursuant to chapter 5 of title 12,
22-12	seek a search warrant from an official of a court authorized to issue warrants, unless a search
22-13	without a warrant is otherwise allowed or provided by law;
22-14	(2) (a) All administrative inspections shall be conducted pursuant to administrative
22-15	guidelines promulgated pursuant to chapter 42-35, the "Administrative Procedures Act" with
22-16	chapter 35 of title 42.
22-17	(b) A warrant shall not be required for administrative inspections if conducted under the
22-18	following circumstances, in accordance with the applicable constitutional standards:
22-19	(i) For closely regulated industries;
22-20	(ii) In situations involving open fields or conditions that are in plain view;
22-21	(iii) In emergency situations;
22-22	(iv) In situations presenting an imminent threat to the environment or public health,
22-23	safety or welfare;
22-24	(v) If the owner, operator, or agent in charge of the facility, property, site or location
22-25	consents; or
22-26	(vi) In other situations in which a warrant is not constitutionally required.
22-27	(c) Whenever it shall be constitutionally or otherwise required by law, or whenever the
22-28	fire marshal in his or her discretion deems it advisable, an administrative search warrant, or its
22-29	functional equivalent, may be obtained by the fire marshal from a judge or magistrate for the
22-30	purpose of conducting an administrative inspection. The warrant shall be issued in accordance
22-31	with the applicable constitutional standards for the issuance of administrative search warrants.
22-32	The administrative standard of probable cause, not the criminal standard of probable cause, shall
22-33	apply to applications for administrative search warrants.
23-1	(i) The need for, or reliance upon, an administrative warrant shall not be construed as
23-2	requiring the fire marshal to forfeit the element of surprise in his or her inspection efforts.
23-3	(ii) An administrative warrant issued pursuant to this subsection must be executed and
23-4	returned within ten (10) days of its issuance date unless, upon a showing of need for additional
23-5	time, the court orders otherwise.
23-6	(iii) An administrative warrant may authorize the review and copying of documents that
23-7	are relevant to the purpose of the inspection. If documents must be seized for the purpose of
23-8	copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare
23-9	an inventory of the documents taken. The time, place and manner regarding the making of the
23-10	inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of
23-11	the inventory shall be delivered to the person from whose possession or facility the documents
23-12	were taken. The seized documents shall be copied as soon as feasible under circumstances
23-13	preserving their authenticity, then returned to the person from whose possession or facility the
23-14	documents were taken.
23-15	(iv) An administrative warrant may authorize the taking of samples of materials that are
23-16	part of, or are generated, stored or treated at the facility, property, site or location. Upon request,
23-17	the fire marshal shall make split samples available to the person whose facility, property, site or
23-18	location is being inspected.
23-19	(v) Service of an administrative warrant may be required only to the extent provided for
23-20	in the terms of the warrant itself by the issuing court.
23-21	(d) Penalties. Any willful and unjustified refusal of right of entry and inspection pursuant
23-22	to an administrative warrant shall constitute a contempt of court and shall subject the refusing
23-23	party to sanctions, which in the court's discretion may result in up to six (6) months imprisonment
23-24	and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal.
23-25	23-28.2-21. National Fire Code. – Except wherever herein specifically defined or
23-26	covered in this code, the provisions of the N.F.P.A. Standards included in the National Fire Code,
23-27	~~1990~~ 2003 edition, shall be used by the authority having jurisdiction as the accepted standard
23-28	with regard to fire safety regarding any unforeseen condition.
23-29	SECTION 5. Chapter 23-28.2 of the General Laws entitled “Division of Fire Safety,” is
23-30	hereby amended by adding thereto the following section:
23-31	23-28.2-20.1 Notices of violation. -- The fire marshal and persons designated specifically
23-32	in writing by the fire marshal shall have the power to issue notices of violation as herein provided
23-33	for, and the powers herein established shall be in addition to other powers of inspection and
23-34	enforcement of the Fire Safety Code provided for in this title. The fire marshal or authorized
24-1	designee of the fire marshal shall have the power to give notice of an alleged violation of law to
24-2	the person responsible therefor whenever the fire marshal or authorized designee determines that
24-3	there are reasonable grounds to believe that there is a violation of any provision of law within his
24-4	or her jurisdiction or of any rule or regulation adopted pursuant to authority granted to him or her,
24-5	unless other notice and hearing procedure is specifically provided by that law. Nothing in this
24-6	chapter shall limit the authority of the attorney general to prosecute offenders as required by law.
24-7	(A) The notice shall provide for a time within which the alleged violation shall be
24-8	remedied, and shall inform the person to whom it is directed that a written request for a hearing
24-9	on the alleged violation may be filed with the fire safety code board of appeal and review within
24-10	ten (10) days after service of the notice. The notice will be deemed properly served upon a person
24-11	if a copy thereof is served him or her personally, or sent by registered or certified mail to his or
24-12	her last known address, or if he or she is served with notice by any other method of service now
24-13	or hereafter authorized in a civil action under the laws of this state. If no written request for a
24-14	hearing is made to the Fire Safety Code Board of Appeal and Review within ten (10) days of the
24-15	service of notice, the notice shall automatically become a compliance order.
24-16	(B) (1) Whenever the fire marshal or authorized designee determines that there exists a
24-17	violation of any law, rule, or regulation within his or her jurisdiction which requires immediate
24-18	action to protect public safety or property, he or she may, without prior notice of violation or
24-19	hearing, issue an immediate compliance order stating the existence of the violation and the action
24-20	he or she deems necessary. The compliance order shall become effective immediately upon
24-21	service or within such time as is specified by the fire marshal in such order. No request for a
24-22	hearing on an immediate compliance order may be made.
24-23	(2) Any immediate compliance order issued under this section without notice and prior
24-24	hearing shall be effective for no longer than forty-five (45) days, provided, however, that for good
24-25	cause shown the order may be extended one additional period not exceeding forty-five (45) days.
24-26	(C) If a person upon whom a notice of violation has been served under the provisions of
24-27	this section or if a person aggrieved by any such notice of violation requests a hearing before the
24-28	Fire Safety Code Board of Appeal and Review within ten (10) days of the service of notice of
24-29	violation, the Board shall set a time and place for the hearing, and shall give the person requesting
24-30	that hearing at least ten (10) days written notice thereof, unless waived by the requesting person.
24-31	After the hearing, the Board may make findings of fact and shall sustain, modify, or withdraw the
24-32	notice of violation. If the Board sustains or modifies the notice, that decision shall be deemed a
24-33	compliance order and shall be served upon the person responsible in any manner provided for the
24-34	service of the notice in this section.
25-1	(D) The compliance order shall state a time within which the violation shall be remedied,
25-2	and the original time specified in the notice of violation shall be extended to the time set in the
25-3	order.
25-4	(E) Whenever a compliance order has become effective, whether automatically where no
25-5	hearing has been requested, where an immediate compliance order has been issued, or upon
25-6	decision following a hearing, the fire marshal may institute injunction proceedings in the superior
25-7	court of the state for enforcement of the compliance order and for appropriate temporary relief,
25-8	and in that proceeding the correctness of a compliance order shall be presumed and the person
25-9	attacking the order shall bear the burden of proving error in the compliance order, except that the
25-10	fire marshal shall bear the burden of proving in the proceeding the correctness of an immediate
25-11	compliance order. The remedy provided for in this section shall be cumulative and not exclusive
25-12	and shall be in addition to remedies relating to the removal or abatement of nuisances or any
25-13	other remedies provided by law.
25-14	(F) Any party aggrieved by a final judgment of the superior court may, within thirty (30)
25-15	days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to
25-16	review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the
25-17	petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of
25-18	certiorari.
25-19	SECTION 6. Sections 23-28.3-1, 23-28.3-3, 23-28.3-3.1, and 23-28.3-5 in chapter 23-
25-20	28.3 of the general laws entitled "Fire Safety Code Board of Appeal and Review" are hereby
25-21	amended to read as follows:
25-22	23-28.3-1. Definitions. -- When used in this chapter:
25-23	(1) "Amendment" means any modification or change in the code that shall be formulated,
25-24	adopted, and issued by the board;
25-25	(2) "Board" means the fire safety code board created by this chapter;
25-26	(3) "Building" includes new and existing buildings and facilities, except private dwellings
25-27	occupied by one, two (2), or three (3) families, in the various cities and towns in this state;
25-28	(4) "Code" means the minimum standard body of rules for fire safety known as the Fire
25-29	Safety Code, chapters 28.1 - 28.39 of this title, or the rehabilitation building and fire code for
25-30	existing buildings and structures, chapter 29.1 of this title;
25-31	(5) "Variation or Variance” means a special limited modification or change in the code
25-32	which is applicable only to a particular type of building, or facility, regulated process or
25-33	hazardous activity upon the petition of the person owning the building or facility, or maintaining
26-1	the regulated process or hazardous activity. All variances shall be in keeping with recognized
26-2	national standards. ; and
26-3	(6) “Blanket Variance” is generalized relief from any provision of the fire safety code
26-4	when, in the opinion of the fire safety code board, these provisions have been rendered obsolete
26-5	and/or impose an unanticipated, unreasonable hardship upon the general public, and the board
26-6	finds that the decision to grant a blanket variance will not conflict with the general objectives of
26-7	the code. All blanket variances shall only be effective until the next code adoption process
26-8	by the board.
26-9	23-28.3-3. Rules and regulations. -- (a) The state fire safety code board has the power
26-10	to promulgate, amend, and repeal rules and regulations to safeguard life and property from the
26-11	hazards of fire and explosives consistent with the provisions of the Fire Safety Code, chapters
26-12	28.1 through 28.39 of this title, and consistent with the rehabilitation building and fire code for
26-13	existing buildings and structures, chapter 29.1 of this title. The regulations, amendments, or
26-14	repeals shall be in accordance with standard safe practice as embodied in widely recognized
26-15	standards of good practice for fire prevention and fire protection. The rules and regulations
26-16	promulgated by the board, which are known as the state Fire Safety Code, are in effect in all the
26-17	cities, towns, counties, and political subdivisions in the state. Whenever the provisions of any
26-18	other statute or local regulation are more stringent or impose higher standards than the state fire
26-19	safety code, that statute or local regulations will govern, unless it is not consistent with the state
26-20	code or contrary to recognized standards or good engineering practices. The board determines the
26-21	relative priority of the regulations.
26-22	(b) ~~Prior to the promulgation, amendment, or repeal of any regulation, the state fire~~
26-23	~~safety code board shall hold a public hearing on the proposed changes, amendments, notice of~~
26-24	~~which hearing shall be published fifteen (15) days before the date of the hearing in a newspaper~~
26-25	~~or newspapers of general circulation throughout the state. A copy of the notice shall be sent at the~~
26-26	~~same time to every city and town clerk and every person, firm, or corporation who shall have~~
26-27	~~registered with the state fire safety code board a request to be so notified. The notice shall contain~~
26-28	~~the time and place of hearing, subjects to be discussed, and shall specify the place and time at~~
26-29	~~which the proposed regulation, amendment, or repeal may be examined.~~ All rules and regulations
26-30	adopted by the state fire safety code board shall be adopted in accordance with the Administrative
26-31	Procedures Act (R.I.G.L. 42-35-1 et seq.).
26-32	(c) For the purpose of any public hearing under this chapter, the state fire safety code
26-33	board has the power to summon witnesses and administer oaths for the purpose of giving
26-34	testimony.
27-1	(d) The board shall provide for reasonable interpretation of the provisions of this code,
27-2	and rule on appeals from decisions of the fire marshal.
27-3	23-28.3-3.1. Rules and regulations, rehabilitation of existing buildings and
27-4	structures. – The state fire safety code board has the power to adopt, promulgate, amend, and
27-5	repeal the fire safety code elements of the rehabilitation building and fire code for existing
27-6	buildings and structures, which shall be administered as a sub-code of the fire safety code. ~~and~~
27-7	~~shall supercede other codes and regulations pertaining to the rehabilitation and change of use of~~
27-8	~~existing buildings and structures, unless the provisions of those other codes and regulations are~~
27-9	~~not inconsistent with the provisions of the rehabilitation building and fire code for existing~~
27-10	~~buildings and structures.~~ Any existing building or structure, subject to the provisions of the
27-11	rehabilitation building and fire code for existing buildings and structures, shall also comply with
27-12	the existing occupancy provisions of the Rhode Island Fire Safety Code addressing the current or
27-13	proposed occupancy.
27-14	23-28.3-5. Assistance to building owners -- Petition for variations. -- (a) Any building
27-15	owner, and/or the operator of any regulated process or hazardous activity, may consult with the
27-16	authority having jurisdiction for advice and assistance in complying with the provisions of the fire
27-17	safety code adopted pursuant to chapters 28.1 -- 28.39 and chapter 29.1 of this title, or any
27-18	amendments to those codes or any codes adopted under them. In case of practical difficulties, the
27-19	authority having jurisdiction shall refer all requests for variations from particular provisions of
27-20	the fire safety code adopted pursuant to chapters 28.1 to 28.39 of this title or any code adopted
27-21	under them to the fire safety code board. All requests for variations from the particular provisions
27-22	of the fire safety code adopted pursuant to chapter 29.1 of this title shall be referred to the joint
27-23	committee pursuant to the provisions of section 23-29.1-4. The petitioner shall set forth in his or
27-24	her petition to the board the grounds or reasons for requesting the variations.
27-25	(b) The board shall fix a day for hearing on the petition and shall give reasonable notice
27-26	of the hearing to the petitioner and the property owners within two hundred feet (200') of the
27-27	petitioner's building or structure when, in the board's discretion, it may have an adverse effect on
27-28	neighboring properties. A properly indexed record of all variations made shall be kept in the
27-29	office of the state fire marshal and shall be open to public inspection. Any building owner may
27-30	file a petition for a variance to the board by registered mail, and a hearing date shall be set by the
27-31	board within thirty (30) days of filing a completed application including a filing fee, established
27-32	in accordance with the following fee schedule:
27-33	(1) Petitions related to existing covered occupancies, not involving construction,
27-34	alteration, and/or renovation . . . . . $100 filing fee.
28-1	(2) Petitions related to construction, alteration, renovation, and/or conversion or other
28-2	buildings and structures:
28-3	(i) not more than 8,000 square feet . . . $100 filing fee
28-4	(ii) more than 8,000 square feet but not more than 25,000 square feet . . . $300 filing fee
28-5	(iii) more than 25,000 square feet but not more than 50,000 square feet . . . $500 filing fee
28-6	(iv) more than 50,000 square feet . . . $1,000 filing fee
28-7	(3) Petitions related to maintenance or use of buildings or materials and any petition not
28-8	otherwise provided for above . . . $100 filing fee.
28-9	(4) The term "square feet", as used in this chapter, is the total floor space and/or storage
28-10	capacity of the subject building or structure, as determined and certified by the state fire marshal
28-11	or his or her designee, subject to review by the board. The board chairperson may delegate a
28-12	subcommittee of the board to conduct a hearing and take testimony from the petitioner. The
28-13	subcommittee shall make recommendations to the board as to their findings, and a decision shall
28-14	be rendered within ten (10) days of the subcommittee's report. If the petitioner is aggrieved by the
28-15	subcommittee's recommendations, the petitioner has the right of hearing before the entire board
28-16	within thirty (30) days of the rendered decision.
28-17	(c) The application filing fee income shall be deposited as general revenue.
28-18	(d) The fire safety code board may grant a blanket variance when, in the opinion of the
28-19	fire safety code board, any specific provision of the fire safety code has been rendered obsolete
28-20	and/or imposes an unanticipated, unreasonable hardship upon the general public, and the board
28-21	finds that the decision to grant a blanket variance will not conflict with the general objectives of
28-22	the code. All blanket variances shall only be effective until the next code adoption process by the
28-23	board.
28-24	SECTION 7. Sections 23-28.6-1, 23-28.6-2, 23-28.6-4, 23-28.6-5, and 23-28.6-18, in
28-25	chapter 23-28.6 of the general laws entitled "Places of Assembly" are hereby amended to read as
28-26	follows:
28-27	23-28.6-1. Applicability. -- (a) The regulations contained in this chapter shall apply to
28-28	all places of assembly as defined in § 23-28.1-5~~, except only such places as are expressly exempt~~
28-29	~~in accordance with the provisions of this code~~.
28-30	(1) Class A, capacity one thousand one (1001) persons or more.
28-31	(2) Class B, capacity three hundred one (301) to one thousand (1000) persons.
28-32	(3) Class C, capacity fifty (50) to three hundred (300) persons ~~in new buildings~~.
28-33	~~(4) Class C, capacity seventy-six (76) to three hundred (300) persons in existing~~
28-34	~~buildings.~~
29-1	(b) Fire escapes and other outdoor stairways, heating, and ventilating facilities, and the
29-2	use of electric wiring and appliances, shall be governed by special articles related thereto.
29-3	23-28.6-2. Egress facilities required - Inspection by owner. -- (a) All places of
29-4	assembly shall be provided with approved egress facilities as determined under the provisions of
29-5	section 23-28.6-6.
29-6	(b) In places of assembly which have scheduled activities for recreational, educational,
29-7	political, fraternal, social, or amusement purposes, the owner or management must inspect every
29-8	exit from the building not more than ninety (90) minutes prior to the beginning of any meeting,
29-9	concert, etc. If the inspection reveals blocked exits, the scheduled presentation must not begin
29-10	until the exits are cleared and made easily accessible, assuring the safety and welfare of the
29-11	patrons. Any person or entity violating the provisions of this section shall be fined an amount in
29-12	accordance with a schedule of fines approved by the general assembly not exceeding five
29-13	thousand dollars ($5,000) for each offense.
29-14	23-28.6-4. Standing conditions. -- (a) Standing patrons may be allowed, in approved
29-15	waiting areas, in places of assembly at the rate of one person for each five square feet (5 sq. ft.) of
29-16	area available for standing; provided, that aisle area, except rear cross aisles, shall not be
29-17	considered in determining the number of standing patrons allowed.
29-18	(b) The provisions in this section do not apply to churches and places of worship,
29-19	wherein patrons retain their outer clothing for immediate exit, and where they are confined for a
29-20	period not exceeding two (2) hours duration. Only that part of the building directly accessible to
29-21	doors for hasty exit may be used in this manner.
29-22	23-28.6-5. Admissions restricted and supervised. -- (a) Admissions to all places of
29-23	assembly shall be supervised by the responsible management or by the person or persons
29-24	delegated with the responsibility by the management, and the responsible person shall not allow
29-25	admissions in excess of the maximum occupancy as provided in section 23-28.6-3, provided,
29-26	subsections (c), (d), and (e) below do not apply to churches and places of worship, wherein
29-27	patrons retain their outer clothing for immediate exit, and where they are confined for a period
29-28	not exceeding two (2) hours duration. Only those portions of a building used exclusively for
29-29	religious worship are included in this exception.
29-30	(b) The maximum occupancy of all areas shall be conspicuously posted by means of a
29-31	sign furnished by the state fire marshal's office.
29-32	(c) All Class A places of assembly shall have one uniformed fire fighter, and any
29-33	additional uniformed fire fighters on duty when deemed necessary by the chief of the local fire
29-34	department.
30-1	(d) All Class B places of assembly of less concentrated use shall have a uniformed fire
30-2	fighter and any additional uniformed fire fighters on duty when deemed necessary by the chief of
30-3	the local fire department.
30-4	(e) All Class B and C places of assembly of concentrated use shall have one uniformed
30-5	fire fighter on duty when deemed necessary by the ~~chief of the local fire department~~ state fire
30-6	marshal or his/her local designee except as provided under subsection (f) of this section.
30-7	The Rhode Island Fire Safety Code Board of Appeal and Review is hereby directed to
30-8	conduct a review of the impact of this subsection (section 23-28.6-5(e)) upon municipalities, fire
30-9	departments and business owners and report its findings to the General Assembly on or before
30-10	January 30, 2004.
30-11	(f) All Class B and C places of assembly of concentrated or less concentrated use being
30-12	utilized for activities ~~of unusual hazard,~~ that would cause the place of assembly to be unsafe,
30-13	dangerous or hazardous shall have one uniformed fire fighter on duty during such activity, and
30-14	any additional uniformed fire fighters on duty when deemed necessary by the chief of the local
30-15	fire department unless this requirement is specifically waived in writing for each such event.
30-16	(g) The cost of all fire fighters on duty under subsections (c) through (f) of this section
30-17	shall be borne by the management of the facility.
30-18	(h) The above assigned fire fighter(s) shall be equipped with portable communication
30-19	devices which shall be provided for by the local fire department to allow direct communication to
30-20	the dispatcher of the local fire department.
30-21	(i) Any person violating the provisions of this section shall be fined not exceeding five
30-22	thousand dollars ($5,000) for each offense.
30-23	(j) The provisions of section 23-28.2-17 shall apply to any fire fighter assigned to a place
30-24	of assembly pursuant to this section.
30-25	23-28.6-18. Alarm systems. -- (a) A fire alarm system as prescribed in section 23-28.25-
30-26	4(a), and in accordance with requirements adopted by the fire safety code board of appeal and
30-27	review, shall be installed in all Class 'C' places of assembly.
30-28	(b) A fire alarm system as prescribed in section 23-28.25-4(b) and in accordance with
30-29	requirements adopted by the Fire Safety Code Board of Appeal and Review shall be installed in
30-30	all Class 'A' and 'B' places of assembly.
30-31	(c) In addition to the locations prescribed in chapter 28.25 of this title, and in accordance
30-32	with requirements adopted by the Fire Safety Code Board of Appeal and Review, a manual alarm
30-33	station shall be installed on every stage and near any fixed lighting control panel and any
30-34	projection booth.
31-1	(d) A ~~one hundred thirty-five degrees (135ø) to one hundred forty degrees (140ø) F.~~ rate
31-2	of rise or fixed temperature detector or detectors approved by the authority having jurisdiction
31-3	shall be installed above all stage areas and below all accessible stage areas and projection booths.
31-4	SECTION 8. Chapter 23-28.6 of the General Laws entitled "Places of Assembly" is
31-5	hereby amended by thereto the following sections:
31-6	23-28.6-21. Sprinklers required. -- (a) All new and existing places of assembly shall be
31-7	completely protected by an approved system of automatic sprinklers installed and maintained in
31-8	accordance with N.F.P.A. Standard 13, 2002 Edition and its related standards pursuant to the
31-9	schedule outlined in subsection (d).
31-10	(b) The requirements of subsection (a) shall not apply to:
31-11	(i) Any Class “C” place of assembly of less concentrated use, exclusively calculated at
31-12	fifteen (15) square feet per person;
31-13	(ii) Any Class “C” place of assembly of concentrated use not classified as a “special
31-14	amusement building concentrated occupancy place of assembly”;
31-15	(iii) Any Class “C” place of assembly of concentrated use, classified as a “special
31-16	amusement building concentrated occupancy place of assembly” with a posted maximum
31-17	occupancy of less than one hundred fifty (150) people;
31-18	(iv) Any existing fully alarmed building used exclusively as a place of worship.
31-19	(c) Alternatively engineered sprinkler systems, approved by the Fire Safety Code Board
31-20	of Appeal and Review, shall be allowed in the retrofitting of an existing place of assembly with
31-21	sprinklers.
31-22	(d) All Class A and B places of assembly shall be fully sprinkled in accordance with the
31-23	above standards on or before July 1, 2005. All Class “C” special amusement buildings
31-24	concentrated occupancy places of assembly” with a posted maximum occupancy of one hundred
31-25	fifty (150) or more people, shall be fully sprinkled in accordance with the above standards on or
31-26	before July 1, 2006.
31-27	(e) The occupancy of any place of assembly without a fire alarm system and/or sprinkler
31-28	system after July 1, 2004, shall have its maximum occupancy adjusted by minus ten percent
31-29	(10%) for the absence of a fire alarm system and minus twenty percent (20%) for the absence for
31-30	the sprinklers, when sprinklers are required by law or regulation. Such downward adjustment in
31-31	occupancy shall be cumulative and shall cease to apply when the premises are in compliance with
31-32	requirements for fire alarms systems and sprinklers, and shall not affect any other requirements of
31-33	the Fire Safety Code Board of Appeal and Review applicable to the premises.
32-1	(f) A Class “C” place of assembly with an occupancy of one hundred fifty (150) or
32-2	greater may avoid the above occupancy adjustment by requiring a fire fighter to be on duty during
32-3	all hours of occupancy. In no event shall the occupancy adjustment to the firefighter requirement
32-4	alter the July 1, 2006 deadline for the installation of sprinklers.
32-5	(g) All places of assembly with an occupancy of less than one hundred fifty (150) shall
32-6	use fire retardant paints or other coverings, to a standard acceptable to the Fire Safety Code Board
32-7	of Appeal and Review, unless the building has sprinklers by July 1, 2006.
32-8	23-28.6-22. Special amusement building concentrated occupancy places of assembly.
32-9	– Every special amusement building concentrated occupancy place of assembly as defined in
32-10	section 23-28.1-5 shall comply with following requirements, consistent with requirements related
32-11	thereto established by the Fire Safety Code Board of Appeal and Review and the state fire
32-12	marshal. All such buildings shall:
32-13	(a) Have fire alarms that are municipally connected for occupancies of one hundred fifty
32-14	(150) or greater and for all Class A and B places of assembly by July 1, 2004. Such fire alarm
32-15	systems shall be tested no less than quarterly.
32-16	(b) Have sprinklers in Class C places of assembly of one hundred fifty (150) or greater by
32-17	July 1, 2006 and in Class A and B places of assembly by July 1, 2005; provided, however, that
32-18	this requirement shall not apply to fully alarmed buildings used exclusively as places of worship.
32-19	(c) Have alarm systems sound and upon the actuation of any smoke detector or fire
32-20	alarm, have emergency lighting or other appropriate lighting activate, and require that any
32-21	conflicting sounds or visuals cease, by February 20, 2004.
32-22	(d) Have two fire extinguishers, which shall be at least twenty (20) pounds or such other
32-23	size as may be established as appropriate by the Fire Safety Code Board of Appeal and Review,
32-24	in each stage area, by February 20, 2004.
32-25	(e) Have floor proximity exit signs for all occupancies greater than one hundred fifty
32-26	(150) by February 20, 2005.
32-27	(f) Shall provide an audible announcement of the location of emergency exits prior to
32-28	each act or set.
32-29	(g) Have an emergency plan for the premises, approved by a fire marshal and consistent
32-30	with rules established by the Fire Safety Code Board of Appeal a person on duty or a crowd
32-31	manager on duty, who has been trained by the fire marshal with regard to the emergency plan and
32-32	basic crowd management techniques by October 1, 2004. This requirement shall be in addition to
32-33	the requirement for a detail fire fighter.
33-1	23-28.6-23. Prohibited activities in places of assembly. -- (a) Pyrotechnics. The
33-2	storage, handling, use or display of pyrotechnics is prohibited in all Class B places of assembly,
33-3	except as may be authorized below, and in all Class C places of assembly. Pyrotechnics may be
33-4	permitted only in class A places of assembly that are fully fire alarmed and sprinklered and in
33-5	Class B places of assembly that are theatres and are fully fire alarmed and sprinklered and have
33-6	specific advanced approval from the fire marshal, or his designee, for the use of such
33-7	pyrotechnics in accordance with requirements established by the Fire Safety Code Board of
33-8	Appeal and Review.
33-9	(b) The use of decorative or acoustical materials that are not certified, consistent with
33-10	NFPA requirements or such other requirements as may be established by the Fire Safety Code
33-11	Board of Appeal and Review is prohibited. Any person or entity violating the provisions of this
33-12	section shall be fined in an amount not exceeding five thousand dollars ($5,000) for each offense.
33-13	SECTION 9. Sections 23-28.11-3, 23.28.6-4. 23-28.6-7, and 23-28.6-9 in chapter 23-
33-14	28.6 of the General Laws entitled "Fireworks and Pyrotechnics are hereby amended to read as
33-15	follows:
33-16	~~23-28.11-3. Permits.~~ 23-28.11-3. Permits for storage, handling, transportation and
33-17	display of fireworks and pyrotechnics. -- (a) All storage, handling, transportation and display
33-18	of fireworks shall be in accordance with the National Fire Protection Association (NFPA)
33-19	Standard 1123 entitled “Code for Fireworks Display”, and NFPA Standard 1124 entitled “Code
33-20	for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic
33-21	Articles” 2003 Edition, and the requirements of this chapter.
33-22	(b) All storage, handling, transportation and display of pyrotechnics shall be in
33-23	accordance with the National Fire Protection Association (NFPA) Standard 1126 entitled
33-24	“Standard for the Use of Pyrotechnics before a Proximate Audience”, and NFPA Standard 1124
33-25	entitled “Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and
33-26	Pyrotechnic Articles” 2003 Edition, and the requirements of this chapter.
33-27	~~(a)~~ (c) Permits to possess and display commercial fireworks or pyrotechnics shall be
33-28	issued by the local fire authority on forms provided by the state fire marshal.
33-29	~~(b)~~ (d) No permit to possess and display fireworks or pyrotechnics shall be issued by the
33-30	local fire authority until the applicant has first obtained a valid certificate of competency from the
33-31	state fire marshal. For the purposes of this chapter, 'pyrotechnics' means a chemical mixture,
33-32	including pyrotech-compositions, intended to produce a visible and/or audible effect by
33-33	combustion, deflagration or detonation before a proximate audience closer than allowed for
33-34	outdoor fireworks displays as permitted under this chapter. All pyrotechnics shall be in
34-1	accordance with the requirements of the National Fire Protection Association Standard 1126,
34-2	entitled 'Use of Pyrotechnics Before A Proximate Audience', 1992 Edition, and the requirements
34-3	of this chapter.
34-4	23-28.11-4. Certificate of competency. -- (a) Every person desiring to obtain a
34-5	certificate of competency to possess and display commercial fireworks and/or pyrotechnics shall
34-6	make application to the state fire marshal. A fee of ten dollars ($10.00) shall accompany each
34-7	application and shall be for processing the application and for examination to be given within
34-8	ninety (90) days of receipt of application to determine applicant's experience and ability to
34-9	conduct commercial fireworks and/or pyrotechnics demonstrations. Separate applications,
34-10	examinations and certificates shall be issued by the state fire marshal for fireworks and
34-11	pyrotechnics and shall be in such form as the state fire marshal may require. The examinations
34-12	herein provided for shall require the applicant to demonstrate adequate understanding of
34-13	applicable NFPA requirements.
34-14	(b) Each applicant found to be qualified by examination shall forthwith be issued a
34-15	certificate of competency upon payment of fifty dollars ($50.00) and submission of certification
34-16	indicating satisfactory completion of psychiatric examination administered by a qualified
34-17	physician within the previous year. All fees collected pursuant to this section shall be deposited as
34-18	general revenue.
34-19	23-28.11-5. Duration -- Expiration -- Renewal -- Duplication. -- Every certificate
34-20	issued shall be valid for one year, and shall be renewable without examination, except as herein
34-21	provided, on March first after the original date of issue upon payment of fifty dollars ($50.00).
34-22	Any holder of a certificate whose certificate was lost, misplaced, or stolen may obtain a duplicate
34-23	certificate from the state fire marshal upon payment of ten dollars ($10.00). No renewal shall be
34-24	issued after July 1, 2003, unless the applicant for the renewal shall demonstrate adequate
34-25	familiarity to the satisfaction of the Fire Marshal with applicable NFPA requirements, which
34-26	demonstration may be made by passing an appropriate examination.
34-27	23-28.11-7. Financial responsibility. -- No permit shall be issued to any applicant
34-28	desiring to possess and display fireworks and/or pyrotechnics until the applicant furnishes to the
34-29	local fire authority satisfactory proof of financial responsibility in an amount not less than ~~fifty~~
34-30	~~thousand dollars ($50,000)~~ one million dollars($1,000,000) to satisfy claims for damage to
34-31	property or persons resulting from the possession or use of fireworks and/or pyrotechnics. The
34-32	local fire authority may require additional financial responsibility as he or she may deem
34-33	necessary due to existing conditions.
35-1	23-28.11-9. Violations. -- (a) Any person found to be in violation of the provisions of
35-2	this chapter relating to possession of commercial fireworks or pyrotechnics shall be fined not less
35-3	than one hundred ($100) nor more than five hundred dollars ($500) or imprisoned for not more
35-4	than one year. Any person found to be in violation of the provisions of this chapter relating to use
35-5	or display of commercial fireworks or pyrotechnics shall be guilty of a felony, and shall be fined
35-6	not less than one thousand dollars ($1,000), or imprisoned for not more than five (5) years, or
35-7	both.
35-8	(b) The state fire marshal or the fire marshal's deputies or any officer qualified to serve
35-9	criminal process may arrest without a warrant any person found in violation of this chapter and
35-10	shall seize immediately any and all of the fireworks and/or pyrotechnics in illegal use, possession,
35-11	or under that person's control, and the fireworks seized shall upon conviction of the person be
35-12	forfeited to the state.
35-13	(c) Notice of the seizure of the fireworks and/or pyrotechnics shall immediately be sent
35-14	to the marshal by the officer making the seizure and the fireworks and/or pyrotechnics seized
35-15	shall be held and securely stored by that department until the marshal or the marshal's authorized
35-16	explosives technician takes them into his or her possession for disposal.
35-17	SECTION 10. Section 23-28.5-1 in chapter 23-28.25 of the General Laws entitled "Fire
35-18	Alarm Systems" is hereby amended to read as follows:
35-19	23-28.25-1. Applicability. -- ~~(a) This chapter and the fire alarm sections of the several~~
35-20	~~occupancy chapters which refer to this chapter shall apply to pertinent new buildings, to buildings~~
35-21	~~where there is a change of occupancy to one which will require a fire alarm system, and to~~
35-22	~~existing buildings which are altered or renovated to an extent equal to or in excess of fifty percent~~
35-23	~~(50%) of market value in a one-year period as determined by a qualified appraiser. Existing~~
35-24	~~buildings which have a fire alarm system which was in compliance with the requirements of the~~
35-25	~~earlier edition of the Fire Safety Code, chapters 28.1 - 28.39 of this title, shall not be required to~~
35-26	~~comply with this chapter or the fire alarm sections of the several occupancy chapters which refer~~
35-27	~~to this chapter.~~
35-28	~~(b) Existing buildings which are not in compliance with the fire alarm system~~
35-29	~~requirements of the earlier edition of the Fire Safety Code shall be required to install fire alarm~~
35-30	~~systems in accordance with this chapter and the fire alarm sections of the several occupancy~~
35-31	~~chapters.~~ All buildings and facilities covered under the Fire Safety Code, and all codes adopted
35-32	pursuant thereto, shall be equipped with an approved fire alarm system installed and maintained
35-33	in accordance with this chapter and any updated fire alarm regulations adopted by the Fire Safety
35-34	Code Board of Appeal & Review. Any building that is not a place of assembly, that is required to
36-1	be equipped with a fire alarm system pursuant to the Rhode Island Fire Safety Code, shall be so
36-2	equipped on or before July 1, 2005.
36-3	SECTION 11. This act shall take effect upon passage.
36-4

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	LC03410/SUB A
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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO HEALTH AND SAFETY -- FIRE SAFETY CODE
	***

37-1	This act would create the "Comprehensive Fire Safety Act of 2003" for the purpose of
37-2	providing for the adoption and implementation of a current comprehensive system of codes for
37-3	fire safety to be administered by the state fire marshal and the Fire Safety Code Board of Appeal
37-4	and Review.
37-5	This act would take effect upon passage.

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	LC03410/SUB A
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S1132A