2026 -- H 7857

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LC005334

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO HEALTH AND SAFETY -- COMMERCIAL KITCHEN EXHAUST SYSTEM

INSPECTION AND CLEANING, LICENSING AND CERTIFICATION ACT

     Introduced By: Representatives Noret, and Casey

     Date Introduced: February 27, 2026

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Findings of fact.

     The general assembly hereby finds as follows:

     (1) Contaminated commercial kitchen exhaust systems present catastrophic potential

danger to life and property resulting from highly flammable deposits from grease-laden vapors that

can ignite and spread quickly.

     (2) The Rhode Island fire safety code requires that commercial kitchen exhaust systems be

inspected and tested by a properly trained, qualified, and certified person every three (3) to six (6)

months or annually, and then cleaned by a properly trained, qualified, and certified person, if

contaminated.

     (3) Because the general assembly values Rhode Islanders’ safety and security in life and

property, and informed by recent events, it seeks to prevent loss of life and property by establishing

standards for licensure of commercial kitchen exhaust inspection and cleaning professionals.

     (4) In conjunction with the duties of the state fire marshal pursuant to § 23-28.2-4(2) and

(4) to conduct and supervise fire safety inspections of all buildings regulated by the fire code within

the state and to plan for and oversee the comprehensive, professional, and consistent enforcement

of the fire safety code, the licensing of commercial kitchen exhaust systems’ inspection and

cleaning professionals shall be administered and regulated by the office of state fire marshal.

     SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 28.40

COMMERCIAL KITCHEN EXHAUST SYSTEM INSPECTION AND CLEANING,

LICENSING AND CERTIFICATION ACT

     23-28.40-1. Short title.

     This chapter shall be known and cited as the “Commercial Kitchen Exhaust System

Inspection and Cleaning Licensing and Certification Act.”

     23-28.40-2. Definitions.

     When used in this chapter:

     (1) “AHJ” means authority having jurisdiction in connection with the administration of the

Fire Code, NFPA 96 and all applicable codes and standards.

     (2) “Approved certificate examination” means an examination that tests the examinee’s

knowledge of NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial

Cooking Operations, and shall include, but not be limited to, those examinations offered by a state

approved testing provider.

     (3) “Certificate” means the credential issued by the OSFM to technicians that are properly

trained and qualified in commercial kitchen exhaust system inspection and/or cleaning.

     (4) “Commercial kitchen exhaust system” means the components of a commercial kitchen

venting system including, but not limited to, hoods, ducts, fans, filters and other components of

commercial cooking exhaust systems in accordance with NFPA 96 standards.

     (5) “Critical condition” means a situation that cannot be corrected within twenty-four (24)

hours of cleaning, attempting to clean, or assessment of the commercial kitchen exhaust system,

and which includes, but is not limited to: insufficient access to any portion of the exhaust duct,

fan(s), pollution control device(s), and other associated equipment restricting proper cleaning of

the entire exhaust system; encrusted grease accumulation, which cannot be cleaned and/or requires

the replacement of the exhaust duct or part thereof; physical damage to the exhaust system affecting

the operation of the system; and/or major deficiencies affecting the operations of the exhaust

system.

     (6) “Department” means the department of business regulation.

     (7) “License” means the credential issued by the OSFM to a business entity or individual

applicant who is, and employs, properly trained, qualified and certified individuals in commercial

kitchen exhaust systems’ inspection and/or cleaning, and whose application therefor has been

approved by the OSFM.

     (8) "NFPA 96" means the National Fire Protection Association standard for ventilation

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control and fire protection of commercial cooking operations (2024 edition).

     (9) "OSFM" means the office of the state fire marshal established pursuant to the provisions

of § 23-28.2-1.

     (10) “Passing score” means the results of a written examination where the examinee attains

a minimum of seventy percent (70%) correct answers where the exam has been administered by

the department or a test provider approved by the department.

     (11) “Properly trained, qualified and certified” means the description of an individual who

has applied and received approval for a license or certificate for commercial kitchen exhaust

systems inspection and/or cleaning pursuant to § 23-28.40-5.

     23-28.40-3. Restricted receipts.

     All fees collected by the department and the OSFM pursuant to this chapter shall be placed

in a restricted receipt account to support the kitchen exhaust system inspection and cleaning

program within the OSFM including, but not limited to, expenses incurred for the administration

of this chapter by either the department or the OSFM. The restricted receipt account shall be known

as the “kitchen exhaust system inspection and cleaning program account” and shall be housed

within the budget of the department and/or the OSFM.

     23-28.40-4. Licensing, certification and renewals.

     (a) Practices for which license and certification are required.

     (1) No individual, corporation or business entity shall engage within this state in the

business of inspecting and/or cleaning commercial kitchen exhaust systems unless:

     (i) The individual, corporation or business entity possesses a license from the OSFM to

operate as an inspector and/or cleaner of commercial kitchen exhaust systems; and

     (ii) Each technician performing inspection and/or cleaning services including the

individual licensee, or in the case of a corporation or business entity its principal owner/officer,

possesses a certificate from the OSFM.

     (b) Certificates. An individual over the age of eighteen (18) may be certified as a technician

in inspection and/or cleaning of commercial kitchen exhaust systems; provided that, the individual

completes and submits to the OSFM an application containing all information and documentation

as the OSFM in its sole discretion determines is warranted, including satisfactory evidence of the

following:

     (1) A minimum of thirty (30) hours of hands-on experience in commercial kitchen exhaust

system cleaning;

     (2) Participation in an approved training program, which may include, but is not limited to,

an in-person apprenticeship with a technician in good standing with the OSFM;

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     (3) Taking and obtaining a passing score on an approved certificate examination. If after

the first examination, the examinee does not obtain a passing score, the examinee may take the

examination again after no less than thirty (30) days have elapsed from the date the examinee

received the first examination’s results. If the examinee does not pass the second examination, the

examinee may take another additional test, which may occur no less than sixty (60) days from the

date the examinee received the second examination’s results; and

     (4) Obtaining a criminal background check from the Rhode Island state police or the

department of attorney general.

     (c) Licenses. An individual, corporation or business entity applicant may be licensed in the

inspection and/or cleaning of commercial kitchen exhaust systems; provided that, the applicant

completes and submits to the OSFM an application, containing such information and

documentation as the OSFM in its sole discretion determines is warranted, including satisfactory

evidence of the following:

     (1) Employment of two (2) or more certified technicians, one of whom shall be the

individual applicant or in the cases of a corporation or business entity its principal owner/officer;

     (2) Ownership of or permission to use approved commercial kitchen exhaust systems’

cleaning equipment;

     (3) Possession and maintenance of general liability insurance coverage in amounts

established by regulation; and

     (4) Possession and maintenance of worker’s compensation insurance coverage if the

applicant has or hires any employees.

     (d) Fees. The fee for licensure of a commercial kitchen exhaust system inspector and/or

cleaner shall be two hundred dollars ($200), and the fee for a certificate of a commercial kitchen

exhaust system inspector and/or cleaner shall be one hundred dollars ($100), and all fees shall be

deposited into the restricted receipt account in accordance with section § 23-28.40-4.

     (e) Duration. Except as provided pursuant to § 23-28.40-8, any license or certification

issued pursuant to this chapter shall be valid for a period of three (3) years from the date of issuance

or approval of renewal.

     (f) Renewals. Certification and licensing shall be renewed every three (3) years, on forms

made available by the OSFM containing such information and documentation as the OSFM

determines is warranted, including satisfactory evidence of the following:

     (1) Continuing education or training attendance in the amount of five (5) credit hours per

licensing cycle;

     (2) Payment of a renewal fee of fifty dollars ($50.00) for technician recertification and one

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hundred dollars ($100) for license renewals; and

     (3) Proof of compliance with OSFM requirements, on forms made available by the OSFM

and updated from time to time.

     (g) Records. Any documentary evidence of the licensee’s or certificate holder’s compliance

with the requirements of this section shall be maintained by the licensee or certificate holder for a

period of three (3) years from the date thereof.

     23-28.40-5. Rangehood decals.

     (a) After inspection and/or cleaning, a decal purchased from OSFM shall be attached to the

hood indicating the day, month and year of the service, the individual who performed the service,

the company that employed the servicing individual, and the applicable certificate and license

numbers.

     (b) Rangehood decals shall be available for purchase from, and at a price set by, the OSFM

and any individual inspecting and/or cleaning any commercial kitchen exhaust system under this

chapter shall use the most recent version of the OSFM rangehood decal available.

     23-28.40-6. Required notices.

     (a) Any certificate holder and/or licensee that becomes aware of a critical condition in the

course of their inspection and/or cleaning shall notify the AHJ and the client within twenty-four

(24) hours of becoming aware of the critical condition.

     (b) Notices shall be in writing in accordance with National Fire Protection Association

(NFPA 1) Fire Code, chapter 50 ("commercial cooking"), and shall include photographs and/or

videos of the critical condition(s).

     (c) Nothing herein shall be construed to allocate responsibility for the critical condition to

the certificate and/or license holder.

     23-28.40-7. Rules and regulations.

     The OSFM may promulgate rules and regulations for the implementation and maintenance

of commercial kitchen exhaust systems’ inspection and cleaning certificates and licenses and to

carry out the provisions of this chapter.

     23-28.40-8. Enforcement and penalties.

     (a) In the execution of its authority pursuant to this chapter, the OSFM may deny or not

renew an application, suspend, revoke, place on probation or issue administrative penalties

regarding a certificate or license when any of the following conditions exist:

     (1) An applicant, licensee or certificate holder makes a material misrepresentation in its

application, recertification or renewal, in any document submitted therewith, and/or in connection

with any requirement provided by § 23-28.40-4;

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     (2) An applicant, licensee or certificate holder possesses a criminal conviction

demonstrated by its criminal record and which criminal conviction is substantially related to the

certificate or license sought by the applicant in conformity with § 28-5.1-14;

     (3) An applicant, licensee or certificate holder in the course of inspecting or cleaning any

commercial kitchen exhaust system, fails to give the required notice of a critical condition pursuant

to § 23-28.40-6;

     (4) An applicant, licensee or certificate holder defrauds, attempts to defraud or makes a

material misrepresentation to any customer;

     (5) An applicant, licensee or certificate holder fails to comply with any requirement under

this chapter or the rules or regulations issued hereunder or the safety standards of the industry;

and/or

     (6) A licensee or certificate holder hires, uses or knowingly assists a person who is not

licensed or certified pursuant to this chapter to perform work for which a license or certificate is

required pursuant to this chapter.

     (b) When assessing administrative penalties in connection with any violation pursuant to

this chapter, the OSFM may assess a maximum of one thousand dollars ($1,000) per violation.

     (c) If the OSFM has reason to believe that any person, firm, association, corporation or

other business entity is conducting a commercial kitchen exhaust system inspection and/or cleaning

operation without a license or certificate, or who after the denial, suspension or revocation of a

license or certificate is conducting any activities requiring licensing or certification under this

chapter, the OSFM may issue to that person, firm, association or corporation an order to cease and

desist its violation of this chapter and any failure to comply with such order may be enforced in the

district court for Providence county.

     (d) As to any certificate or license holder who has had three (3) violation determinations

by the OSFM pursuant to this chapter, any subsequent violation of this chapter shall be referred to

the department of the attorney general for prosecution, and such subsequent violation of this chapter

shall be a misdemeanor, a conviction for which shall be punished by not more than one year in

prison or a fine of not more than one thousand dollars ($1,000) or both.

     23-28.40-9. Violations, appeals and judicial review.

     (a) If the OSFM acts to deny a license or certificate application or renewal thereof or to

suspend, revoke or place on probation a license or certificate or issue an administrative penalty,

pursuant to § 23-28.40-8, the OSFM shall notify the applicant, licensee or certificate holder in

writing which notice shall include notice of the right to appeal and opportunity for a hearing in

accordance with chapter 35 of title 42 (“administrative procedures”).

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     (b) The right of appeal shall be to the Rhode Island fire safety code board of appeal and

review.

     (c) Any appeal to and hearing conducted by the fire safety code board of appeal and review

pursuant to this section shall conform to the fire safety code board of appeal and review rules and

regulations on hearings and appeals.

     (d) Any applicant or licensee or certificate holder aggrieved by a final decision, modified

decision or amended decision on its appeal by the fire safety code board of appeal and review, shall

have the right to appeal such decision to the sixth division of the district court within thirty (30)

days after the decision in conformity with § 23-28.3-6.

     23-28.40-10. Responsibility of licensee for acts of agents.

     If a licensee is a firm or corporate entity, it is sufficient cause for the suspension or

revocation of a license that any officer, director, owner, principal or trustee of the firm or corporate

entity or any member, in the case of a partnership, has been found by the OSFM to have engaged

in any act or omission that would be cause for refusing, suspending, or revoking a license to that

party as an individual. Each licensee shall be responsible for the acts of any technician, inspector

or cleaner or other employee acting as the agent for the licensee.

     23-28.40-11. Severability.

     The provisions of this chapter are severable; and if any of the provisions are held to be

invalid, the decision of the court respecting that provision or provisions shall not affect the validity

of any other provision that can be given effect without that invalid provision.

     SECTION 3. This act shall take effect on July 1, 2027.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- COMMERCIAL KITCHEN EXHAUST SYSTEM

INSPECTION AND CLEANING, LICENSING AND CERTIFICATION ACT

***

     This act would establish the commercial kitchen exhaust system inspection and cleaning

licensing and certification act. This act would require entities inspecting or cleaning commercial

exhaust systems to be licensed and insured.

     This act would take effect on July 1, 2027.

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