450-RICR-00-00-7
450-RICR-00-00-7. RI Fire Code (version Amendment, 07/01/2021 to 01/04/2022)
7.1 Fire
Code
Pursuant to R.I. Gen. Laws §
23-28.3-3, the NFPA 1 – Fire Code of the National Fire
Protection Association, Inc., 2018 edition, with annexes, except
those portions specifically reserved, deleted, altered, added to, or
otherwise amended as outlined in this Part herein, and including all
of the specific amendments to NFPA 1 – Fire Code, as outlined
in this Part herein, is hereby adopted by reference as the Rhode
Island Fire Code. Copies of NFPA 1 – Fire Code, 2018 edition,
are available from the National Fire Protection Association, 1
Batterymarch Park, Quincy, Massachusetts 02169-7471. The National
Fire Protection Association’s telephone number is 617-770-0700.
Electronic copies of the
reservations, deletions, alterations, additions and other amendments
to this code, also known as the Rhode Island Fire Code Part 7, will
be initially made available on the Fire Board’s website at
http://www.fsc.ri.gov/ .
Copies shall subsequently be available from LexisNexis/Matthew Bender
& Co., 701 E. Water Street, Charlottesville, VA 22902. The
LexisNexis telephone number is 1-800-446-3410.
The State Fire Marshal is the
sole authority having jurisdiction for the strict enforcement of the
Rhode Island Fire Code. The Fire Safety Code Board of Appeal and
Review is the sole authority having jurisdiction for administration
of the Rhode Island Fire Code.
Except as outlined below, the
Fire Safety Code Board of Appeal and Review is the sole authority
having jurisdiction to grant variances, waivers, and amendments from,
or to review and accept any proposed fire safety equivalencies and
alternatives to, the strict adherence to the provisions of the Rhode
Island Fire Code and all referenced standards therein.
Notwithstanding the above, the State Fire Marshal and his or her
designees are hereby authorized to approve dimensional relief within
the egress systems of any existing building in accordance with NFPA
101 and its annexes. Such dimensional relief shall be known as “AHJ
modifications.” All “AHJ modifications” must be in
writing and recorded by the State Fire Marshal's Office. Once
recorded by the State Fire Marshal's Office, the “AHJ
modification” shall remain as permanent relief for the building
as long as the use and/or occupancy of the building remains the same.
Any change of use and/or occupancy shall subject the building to
review under the relevant codes and reconsideration of the “AHJ
modification” in light of the new use or occupancy.
For the purposes of uniform
administration, and with the exception of “AHJ modifications”
as outlined above, all other exceptions listed in the Rhode Island
NFPA 1 – Fire Code and its referenced standards, allowing for a
discretionary waiver by the authority having jurisdiction, shall be
referred directly to the Fire Safety Code Board of Appeal and Review
as outlined in Fire Safety Code §
1.7.1
of this Subchapter et seq . The only official
formal and binding interpretations of the provisions of the Rhode
Island NFPA 1 – Fire Code and its referenced standards are
those approved and published by the Fire Safety Code Board of Appeal
and Review pursuant to the procedures outlined in Fire Safety Code, §
1.7.1(C) of this Subchapter et seq .
All new buildings and
structures, for which a building permit was issued on or after July
1, 2021, shall be subject to the provisions of the Rhode Island Fire
Code addressing the new occupancy unless this requirement is
specifically modified by the issuance of a blanket variance by the
Fire Safety Code Board of Appeal and Review to allow a grace period
for plans, submitted after the above date, to be reviewed under the
prior Code.
All existing buildings and
structures, and those buildings and structures for which a building
permit was issued prior to July 1, 2021, shall be subject to the
provisions of the Rhode Island Fire Code addressing the existing
occupancy.
Any existing required
building or structure, subject to the provisions of the
Rehabilitation Building and Fire Code for Existing Buildings and
Structures, shall also comply with the existing occupancy provisions
of the Rhode Island Fire Code addressing the current or proposed
occupancy.
All existing fire protection
systems, such as sprinklers, fire alarms, emergency lighting and exit
signs, installed in existing buildings, shall continue to be properly
maintained. Non-required systems shall either be maintained, or have
the devices removed or marked in such a manner to immediately notify
the public of the lack of fire protection. Prior to the removal or
marking of any non-required system, the system’s owner must
first comply with the procedures outlined in the Rhode Island Life
Safety Code, (NFPA 101) 2018 Edition, § 4.6.12.2.1. The above
marking of any de-activated system shall be at the direction and to
the satisfaction of the State Fire Marshal or his or her designee.
The provisions of NFPA 1,
2018 edition, as amended and referenced below, and incorporated
herein as the “Rhode Island Fire Code”, shall be preceded
by the acronym “RIFC”. All of the remaining provisions of
NFPA 1, 2018 edition, adopted as the “Rhode Island Fire Code”,
but not specifically addressed below, shall likewise be identified by
the acronym “RIFC” preceding it. (Accordingly, “Chapter
1" below would be identified as “RIFC 1”. Likewise,
“§ 1.1.2” below would be identified as “RIFC
1.1.2”.)
7.1.1 CHAPTER 1 –
ADMINISTRATION
(Amd)
1.1.2 Title.
The
title of this Code shall be the “Rhode Island Fire Code”
and may be cited as such.
(Add) 1.1.3
The
“Rhode Island Fire Code” is hereby adopted pursuant to
R.I. Gen. Laws Chapter 23-28.1.
(Add) 1.3.3.3
When
a conflict between the language of the original 2018 Edition of the
Fire Code and any specific Rhode Island amendment occurs, the Rhode
Island amendment shall apply exclusively.
(Amd) 1.4.1 Equivalencies.
Nothing
in this Code is intended to prevent the use of systems, methods, or
devices of equivalent or superior quality, strength, fire resistance,
effectiveness, durability, and safety, as determined by the Fire
Safety Code Board of Appeal and Review, to those prescribed in this
Code, provided a request for variance is submitted to the Fire Safety
Code Board of Appeal and Review along with technical documentation to
demonstrate equivalency and the system, method, or device is approved
for the intended purpose.
(Amd) 1.4.2 Alternatives.
The
specific requirements of this Code may be modified by the Fire Safety
Code Board of Appeal and Review to allow alternative arrangements
that will secure as nearly equivalent fire safety as practical.
(Amd) 1.4.3 Modifications.
The
State Fire Marshal and his or her designees are hereby authorized to
approve dimensional relief within the egress systems of any existing
building in accordance with NFPA 101 and its annexes. Such
dimensional relief shall be known as “AHJ modifications.”
All “AHJ modifications” must be submitted to the State
Fire Marshal's Office for recording. Once recorded by the State Fire
Marshal's Office, the “AHJ modification” shall remain as
permanent relief for the building as long as the use and/or occupancy
of the building remains the same. Any change of use and/or occupancy
shall subject the building to review under the relevant codes and
reconsideration of the “AHJ modification” in light of the
new use or occupancy.
(Amd) 1.4.4
Buildings
with alternative fire protection features approved by the Fire Safety
Code Board of Appeal and Review shall be considered as conforming
with this Code.
(Amd) 1.4.5
Each
application for variance to allow for an alternative fire protection
feature shall be filed with the Fire Safety Code Board of Appeal and
Review pursuant to the provisions of the Fire Safety Code §
1.7.1 of this Subchapter et seq . and R.I. Gen. Laws
Chapter 23-28.3. Each application shall further be accompanied by
such evidence, letters, statements, results of tests, or other
supporting information as may be required to justify the request. The
Fire Safety Code Board of Appeal and Review shall keep a record of
all actions on such applications in accordance with its records
retention schedule. A written comprehensive Decision shall be signed
by both the Chairperson, or the Board Member who chaired the hearing,
and the Executive Director who drafted the Decision for the Board’s
approval. A signed Decision shall be forwarded to the Applicant, the
State Fire Marshal and the local fire officials. Unless specifically
noted to the contrary, the effective date of the Decision shall be
the mailing date listed therein.
(Amd) 1.4.6 Approval.
.
The Fire Safety Code Board of Appeal and Review may approve such
alternative construction systems, materials, or methods of design
when it is substantiated that the standards of this Code are at least
comparable. If, in the opinion of the Fire Safety Code Board of
Appeal and Review, the standards of this Code shall not be made
comparable by the alternative requested, the requested relief shall
not be granted. Consideration shall also be given to test or
prototype installations.
(Amd) 1.6 Enforcement.
This
Code shall be administered by the Fire Safety Code Board of Appeal
and Review and enforced by the State Fire Marshal.
(Add) 1.6.1 Enforcement
Jurisdiction.
The State Fire Marshal is the
sole authority having jurisdiction for the strict enforcement of the
provisions of this code. The State Fire Marshal shall have authority
to appoint and certify as many Deputy State Fire Marshals and
Assistant Deputy State Fire Marshals as are deemed necessary to
strictly enforce the provisions of this Code. All such Deputy State
Fire Marshals and Assistant Deputy State Fire Marshals maintain their
certification at the pleasure of the State Fire Marshal. Accordingly,
all Deputy State Fire Marshals and Assistant Deputy State Fire
Marshals shall be allowed to enforce this code as long as they
maintain their certification in the above positions by the State Fire
Marshal.
(Amd) 1.7.1 Administration
Jurisdiction.
The
Fire Safety Code Board of Appeal and Review is the sole authority
having jurisdiction for the administration of this Code. Accordingly,
the Fire Safety Code Board of Appeal and Review is the sole authority
having jurisdiction to grant variances, waivers and amendments from,
or to review and accept any proposed fire safety equivalencies and
alternatives to, the strict adherence to the provisions of this Code
and all referenced standards herein. With the exception of “AHJ
Modifications” as outlined in § 1.4.3 above, all other
exceptions listed in this Code, and its referenced standards,
allowing for a discretionary waiver by the authority having
jurisdiction, shall be referred directly to the Fire Safety Code
Board of Appeal and Review as outlined in Fire Safety Code, §
1.7.1 of this Subchapter et seq .
(Amd)
1.7.3.1 The Fire Safety Code Board of Appeal and Review is the sole
authority to render interpretations of this Code and to make Rules
and supplemental Regulations in order to carry out the application
and intent of its provisions.
(Amd) 1.7.5 Delegation of
Authority.
The
State Fire Marshal may delegate to his or her Deputy State Fire
Marshals, Division Chiefs, other members of the staff, and any other
qualified individuals, such powers as are necessary for the proper
enforcement of the Code. The Fire Safety Code Board of Appeal and
Review may delegate to its appointed staff such powers as are
necessary for the proper administration of this Code.
(Amd) 1.7.7.1
The
State Fire Marshal is authorized to inspect, at all reasonable times,
any building or premises for dangerous or hazardous conditions or
materials as set forth in this Code and the general provisions of the
Fire Safety Code. The State Fire Marshal may order any person(s) to
remove or remedy such dangerous or hazardous condition or material.
Any person(s) failing to comply with such an order shall be in
violation of the Fire Safety Code. Any person so charged with a
violation of the Fire Safety Code shall have the right to appeal the
order of the State Fire Marshal to the Fire Safety Code Board of
Appeal and Review. An appeal shall automatically stay the State Fire
Marshal’s order. However, where the State Fire Marshal, or his
or her designee, advises that such an automatic stay would endanger
the public and/or the owner’s tenants or employees, the
chairperson of the board, or his or her designee, may, for such good
cause shown, suspend the automatic stay of the State Fire Marshal's
order pending review by the full Board.
(Amd) 1.7.7.2 Abatement.
The
State Fire Marshal, or his or her designee within the division, or an
Assistant Deputy State Fire Marshal in accordance with the guidelines
established by the State Fire Marshal, has the authority to summarily
abate any condition which presents immediate danger to life. The
conditions that present an “immediate danger to life” are
outlined under the definition of “abatement or to abate a
condition” found in fire safety code § 1.5
of
this Subchapter . A failure to abate a condition
that presents a clear and immediate danger to life shall be grounds
for the person issuing the order to abate, to require that the
premises be vacated. Any such order to vacate the premises shall be
approved in writing by either the State Fire Marshal or a designee of
the State Fire Marshal who has been given advanced written authority
by the State Fire Marshal to approve such actions.
(Add) 1.7.7.2.1 Appeal of
Abatement.
Any person subject to the
abatement procedure as outlined in § 1.7.6.2, shall have the
right to appeal the order of the State Fire Marshal to the Fire
Safety Code Board of Appeal and Review. An appeal does not
automatically stay the State Fire Marshal’s order. However, the
Chairperson of the Board, or his or her designee, may, for good cause
shown, stay the order of the State Fire Marshal pending review by the
full Board.
(Amd) 1.7.7.6
Persons
authorized to enter and inspect buildings, marine vessels and
premises as herein set forth shall be identified by credentials
recognized by the State Fire Marshal.
(Amd) 1.10 Fire Safety Code
Board of Appeal and Review.
(Amd) 1.10.1
The Fire Safety Code Board of
Appeal and Review was originally created in 1966 as the Fire Safety
Code Commission and is currently authorized and maintained pursuant
to R.I. Gen. Laws § 23-28.3-2.
(Amd) 1.10.1.1.1
The members of the Fire
Safety Code Board of Appeal and Review are appointed pursuant to R.I.
Gen. Laws § 23-28.3-2(a) and Fire Safety Code §
1.6(A) of this Subchapter.
(Amd) 1.10.1.1.2
The current composition of
the Fire Safety Code Board of Appeal and Review is outlined in R.I.
Gen. Laws § 23-28.3-2(a) and Fire Safety Code §
1.6(A) of this Subchapter.
(Amd) 1.10.1.1.2.1
Procedures, adopted by the
Fire Safety Code Board of Appeal and Review, addressing
administrative appeals, are outlined in Fire Safety Code, §
1.7.1
of this Subchapter .
(Amd) 1.10.1.1.3
Procedures, adopted by the
Fire Safety Code Board of Appeal and Review, addressing
administrative hearings and court appeals, are outlined in Fire
Safety Code §§ 1.7.2(A)
through (BB) of this Subchapter .
(Amd) 1.10.1.1.4
Procedures, adopted by the
Fire Safety Code Board of Appeal and Review, addressing the Fire
Board’s rulemaking authority, are outlined in Fire Safety Code
§ 1.7.3
of this Subchapter .
(Amd) 1.10.1.1.5
Procedures, adopted by the
Fire Safety Code Board of Appeal and Review, addressing code
interpretation by the Fire Board, are outlined in Fire Safety Code §
1.7.4
of this Subchapter .
(Amd) 1.10.1.1.5.1
Members of the Fire Safety
Code Board of Appeal and Review shall comply with the Rhode Island
Code of Ethics, as outlined in R.I. Gen. Laws § 36-14-1 et
seq ., and all relevant advisory opinions and/or decisions
rendered by the Rhode Island Ethics Commission.
(Amd) 1.10.1.1.5.2
Members of the Fire Safety
Code Board of Appeal and Review shall be residents of the State.
(Amd) 1.10.1.1.5.3
Members of the Fire Safety
Code Board of Appeal and Review shall be composed of individuals
experienced in the fields and professions as outlined in Fire Safety
Code, §
1.6(A) of this Subchapter.
(Amd) 1.10.1.1.6
Members of the Fire Safety
Code Board of Appeal and Review shall be selected and appointed
pursuant to R.I. Gen. Laws § 23-28.3-2.
(Amd) 1.10.1.1.7
Members of the Fire Safety
Code Board of Appeal and Review shall not sit in judgment and vote on
any case in which the member, personally, is directly interested or
has a potential conflict of interest. If the actual interest of the
member is unclear, the member should recuse and not participate, and
then request an advisory opinion from State Ethics Commission prior
to participating in comparable cases in the future.
(Amd) 1.10.1.1.8
The Governor shall designate
one (1) member as Chairperson pursuant to R.I. Gen. Laws §
23-28.3-2. The Chairperson shall then designate one (1) member as
Vice Chairperson subject to confirmation by the Board.
(Amd) 1.10.3.4
The Fire Safety Code Board of
Appeal and Review shall have the authority to waive any
requirement(s) of the code pursuant to a comprehensive plan of action
as outlined in a written Decision after a hearing and vote on the
matter.
(Amd) 1.10.4.1
Any building owner or
operator of any regulated process or hazardous activity may request a
variance from the Fire Safety Code Board of Appeal and Review in
accordance with R.I. Gen. Laws § 23-28.3-5 and its referenced
standards.
(Amd) 1.10.4.2
An appeal shall be submitted
to the Fire Safety Code Board of Appeal and Review pursuant to the
Fire Board procedures outlined in Section 6 of the Fire Safety Code,
Part 1
of this Subchapter and R.I. Gen. Laws § 23-28.3-5.
(Amd) 1.10.4.3
Any documentation that either
the Applicant or the AHJ wishes to rely upon during their scheduled
hearing shall be submitted to the Fire Board, and the opposing side,
at least seven (7) calendar days prior to their scheduled Fire Safety
Code Board of Appeal and Review hearing. This requirement may be
either shortened or waived by the Fire Board for good cause shown.
(Amd) 1.10.5.1
Depending upon its case load,
the Fire Safety Code Board of Appeal and Review generally meets at
least once each week in formal session and throughout the year in
subcommittee sessions. All formal meetings are conducted pursuant to
the Rhode Island Administrative Procedures Act (R.I. Gen. Laws §
42-35-1 et seq .) and notice is provided pursuant to the Rhode
Island Open Meetings Act (R.I. Gen. Laws § 42-46-1 et seq .)
(Amd) 1.10.5.1.1
Notice is hereby provided,
pursuant to R.I. Gen. Laws § 42-46-6(a), that the formal
meetings of the Fire Safety Code Board of Appeal and Review are
currently scheduled on Tuesday afternoons at 1:00 P.M. The time and
location of the meetings are subject to change in the future.
Accordingly, please consult the board website at www.fsc.ri.gov
for specific public notice and any additional information regarding
the formal weekly hearings. Hearings are also posted on the Rhode
Island Secretary of State’s website at http://sos.ri.gov/ .
(Amd) 1.10.5.4
The Fire Board of Appeal and
Review shall keep records of its examinations, correspondence, files,
meeting minutes, decisions and other official actions in accordance
with its approved Records Retention Schedule.
(Amd) 1.10.5.6
A quorum of the Board shall
consist of not less than five (5) members.
(Amd) 1.10.5.7
In varying the application of
any provision of this Code, or in modifying an order of the AHJ, a
majority vote by members present with at least five (5) members in
accord shall be required.
(Amd) 1.10.6.4
Copies of the Decision shall
be sent by mail or delivered in person to the Applicant, the State
Fire Marshal’s Office, and the local Fire Marshal or Department
having territorial jurisdiction over the subject property or process.
(Amd) 1.11.1
The
State Fire Marshal shall maintain a properly indexed record of all
variances, issued on or after January 1, 2004, in his or her office
pursuant to R.I. Gen. Laws § 23-28.3-5(b). This record shall be
open to the public for inspection.
(Add) 1.11.2.1
Enforcement
powers of Deputy State Fire Marshals and Assistant Deputy State Fire
Marshals shall be exercised in such a manner as to avoid duplication
of effort by the building owner. The Deputy State Fire Marshals and
Assistant Deputy State Fire Marshals shall provide the building owner
with a single written inspection report detailing the fire safety
requirements necessary to bring the building into full compliance
with the Rhode Island Fire Safety Code. If a building owner receives
an initial written inspection report listing all of the cited fire
safety deficiencies in the building, and new non-abatable
deficiencies are detected within the subsequent twelve (12) months,
upon written notification thereof, the building owner is urged to
correct such deficiencies as soon as practical, but shall have a
period of twelve (12) months from the original inspection report to
correct said newly detected deficiencies. The above time extension
shall not apply to the issuance of “citations” pursuant
to R.I. Gen. Laws § 23-28.2-14 or issues being addressed by the
abatement procedure outlined in § 1.7.6.2.
(Add) 1.11.2.2
The
State Fire Marshal shall make quarterly continuing educational
programs available to all Assistant Deputy State Fire Marshals who
shall be required to annually attend a minimum of two (2) such
continuing educational programs in order to maintain their Assistant
Deputy State Fire Marshal status. The above quarterly continuing
educational programs shall be in addition to any training sessions
deemed mandatory by the State Fire Marshal. The quarterly continuing
educational programs may be conducted by outside groups with the
approval of the State Fire Marshal.
(Add) 1.11.2.3
The
State Fire Marshal shall provide all Assistant Deputy State Fire
Marshals with sufficient copies of a brochure explaining the
inspection process and outlining the obligations and rights,
including all appeal rights, of building owners under the State Fire
Code. The Assistant Deputy State Fire Marshal shall provide the
building owner, or onsite representative, with a copy of this
brochure during the initial inspection of the building. A second
(2 nd ) copy of the brochure shall accompany the initial
written inspection report generated as a result of the above building
inspection.
(Amd) 1.12.6.1
Only
the State Fire Marshal, and those Deputies and Assistant Deputy State
Fire Marshals specifically authorized by the office of the State Fire
Marshal, shall be granted the authority to issue the permits listed
under this Code. The State Fire Marshal shall not be required to
issue any of the permits listed under this Code unless he or she
first determines that listed permit is necessary and that there are
sufficient fiscal and personnel resources available for the uniform
and consistent administration of the specific permit program.
(Amd) 1.14.1
Construction
documents shall be submitted, reviewed, and approved for all new
construction, modification, or rehabilitation, projects prior to the
start of such work as provided in § 1.14, unless any or all of
these requirements are specifically waived herein. These requirements
may also be waived by the AHJ.
(Amd) 1.14.2
Unless
specifically waived in writing by the AHJ, the applicant shall be
responsible to ensure that the following conditions are met:
1. The construction documents
include all of the fire protection requirements.
2. The shop drawings are
correct and in compliance with the applicable codes and standards.
3. The contractor maintains an
approved set of construction documents on site.
4. Up to five (5) sets of
paper drawings and a project manual shall be submitted to the AHJ
unless this requirement is specifically waived by the State Fire
Marshal’s Office or the AHJ conducting the plan review.
(Amd) 1.14.3
Applications
for plan review shall be made in the system designated by the State
Fire Marshal’s Office.
(Add) 1.14.3.1
The Application for plan
review by the State Fire Marshal’s Office shall be accompanied
by a plan review fee in accordance with either § 1.14.3.2 for
one (1), two (2), and three (3) family homes or § 1.14.3.3 for
commercial projects.
(Add) 1.14.3.2
Plan review and inspection
for the installation of smoke detection and/or carbon monoxide
detection in any new and existing private dwelling occupied by one
(1), two (2), and three (3) families shall be in accordance with R.I.
Gen. Laws § 23-28.1-2(b)(2)(ii).
(Add) 1.14.3.3
Every request for plan review
by the State Fire Marshal’s Office, under the provisions of the
Rhode Island Fire Safety Code, shall be accompanied by the fee
prescribed in accordance with R.I. Gen. Laws § 23-28.2-26.
(Add) 1.14.3.3.1
All fees collected by the
State Fire Marshal pursuant to §§ 1.14.3.2 or 1.14.3.3
shall be deposited as outlined in R.I. Gen. Laws § 23-28.2-26.
(Add) 1.14.3.4
Plan review fees, not
exceeding the amounts listed in §§ 1.14.3.2 and 1.14.3.3,
may be collected by the Assistant Deputy Fire Marshals of the
municipal fire departments and/or fire districts, pursuant to
municipal ordinance, only upon their completion of the plan review
process. All such fees shall be utilized exclusively for supporting
the operations of the municipal fire prevention bureau. Nothing
herein shall preclude an AHJ, performing an inspection, pursuant to
either Rhode Island Life Safety Code (RILSC) §§
24.6.3.1.3.1 or 25.2.2.3.1, from being paid at the time of that
inspection.
(Add) 1.14.3.5
At the request of either the
applicant or the AHJ, a preliminary meeting shall be held with the
applicant and the AHJ at the time of the submittal. The purpose of
the meeting is to discuss the scope of the project, check that the
correct codes were used, check that the plans have been stamped, and
to ensure that all necessary paperwork is included with the
submittal. At this time, if all of the above are not correct, the
plans shall not be accepted by the AHJ and the AHJ shall immediately
advise the applicant in writing of the specific deficiencies which
must be addressed prior to re-submittal.
(Amd) 1.14.4
The
AHJ shall either approve or render a written report to the applicant
stating all of the reason(s) why the submitted construction documents
cannot be approved within the following timeframes:
(Add) 1.14.4.1
One (1), two (2), and three
(3) family homes shall be completed within fifteen (15) business days
of receipt.
(Add) 1.14.4.2
All fire alarm plans shall be
reviewed and either approved or disapproved, with full explanation,
within fifteen (15) business days of submission of the plans. Fire
alarm plans for existing buildings shall be limited to that portion
of the building either under construction or renovation unless the
State Fire Marshal specifically approves, in writing, an expanded
scope of plan review. If the plans are not reviewed and approved
within the above fifteen (15) business day period the project shall
be allowed to proceed. The AHJ shall immediately submit written
notification to the building official overseeing the project and
advise that a building permit should issue pursuant to the
understanding that the owner and/or contractor may proceed with the
project at his or her own risk.
(Add) 1.14.4.3
Projects meeting all the
requirements of §§ 1.14.4.3(1) through 1.14.4.3(5) shall be
completed within twenty (20) business days of receipt:
1. Overall construction cost
of under five hundred thousand dollars ($500,000.00);
2. No change in occupancy;
3. No change in square footage
of the building or occupant load;
4. Renovations not affecting
egress routes and/or exits;
5. Life safety systems are
compliant with no major alterations proposed.
(Add) 1.14.4.3.1
For purposes of §
1.14.4.3(5) a compliant fire alarm system is defined as a system
allowed to be maintained in the facility pursuant to RILSC Chapter
9.6 and its referenced standards.
(Add) 1.14.4.3.2
For purposes of §
1.14.4.3(5) major alterations are defined as:
1. Twenty (20) or more
sprinkler heads being added or relocated;
2. Ten (10) or more fire alarm
devices or appliances being added or relocated;
3. Ceiling heights being
reconfigured.
(Add) 1.14.4.4
Projects that have an overall
cost of construction of five hundred thousand dollars ($500,000.00)
or more but less than ten million dollars ($10,000,000.00) shall be
completed within thirty (30) business days of receipt.
(Add) 1.14.4.5
All other projects, not
meeting §§ 1.14.4.1, 1.14.4.2, 1.14.4.3 or 1.14.4.4, shall
be completed within forty (40) business days of receipt.
(Add) 1.14.4.6
When required by the AHJ,
revised construction documents or shop drawings shall be prepared and
submitted for review and approval to illustrate corrections as
required by the written report in § 1.14.4. The corrections
shall be re-reviewed by the AHJ within ten (10) business days of
receipt.
(Add) 1.14.4.7
For good cause shown, the
State Fire Marshal may extend any of the timelines, outlined in §§
1.14.4.1 through 1.14.4.6, provided that such an extension is reduced
to writing and issued to both the applicant and the AHJ. In the
absence of such an extension, the project shall be allowed to proceed
once the above applicable time limit for plan review has been
reached. Specifically, at the conclusion of the above applicable time
limit, the AHJ shall immediately submit written notification to the
building official overseeing the project and advise that a building
permit should issue pursuant to the understanding that the owner
and/or contractor may proceed with the project at his or her own
risk.
(Add) 1.14.4.8
Review and approval by the
AHJ, or default submission to the building official pursuant to §§
1.14.4.2 or 1.14.4.7, shall not relieve the applicant of the
responsibility of full compliance with this Code and/or any other
codes or Regulations which must be met by the applicant prior to the
completion of the project.
(Add) 1.14.4.9
The AHJ shall have the
discretion to waive the examination and approval of drawings when
plans for the erection or alteration of a building, or its fire
protection systems, are prepared by a professional engineer or
registered architect who is either licensed or registered by the
State of Rhode Island, and the professional engineer or architect has
stated in writing that he or she has supervised the preparation of
all design and technical documents and that he or she will review and
approve all work drawings for the construction, and that the document
shall, to the best of his or her knowledge, conform to all provisions
of this code and all rules and regulations adopted under its
provisions. In such a case, where the AHJ chooses to waive
examination of the plans, the AHJ shall immediately submit written
notification to the building official overseeing the project and
advise that a building permit should be issued pursuant to the
understanding that the owner and/or contractor may proceed with the
project at his or her own risk as outlined above.
(Add) 1.14.4.10
The AHJ may waive the
detailed department field inspection when the above-described
professional engineer or architect certifies that the construction
work will be built under his or her field observations and in
accordance with the approved contract documents, and that he or she
will certify to the best of his or her knowledge, Information and
belief that the construction is in compliance with the approved plans
and the code.
(Add) 1.14.7
Where
phased approval or approval in part is sought by the applicant
pursuant to 510-RICR-00-00-1 ,
SBC-1, § 106.3.3 or other applicable sections of the Building
Code, a plan review letter of approval shall not be required for a
fire protection system in order to obtain phased approval status from
the Building Code Official. However, plans or shop drawings shall be
submitted, reviewed, and approved prior to the start of work on those
fire protection systems. The holder of a phased approval permit for
the foundation or other parts of a building or structure shall
proceed at the holder’s own risk with the building operation
and without assurance that a permit or plan review approval for fire
code compliance will be granted. Phased approval shall not relieve
the applicant of the responsibility of providing such temporary fire
protection as may be required by other sections of the State Fire
Safety Code.
(Add) 1.14.7
When
any plan review is appealed, or when any variance request relates to
a current or proposed future plan review, the State or local Fire
Marshal conducting, or ultimately responsible for, the plan review
shall, upon request of the Fire Safety Code Board of Appeal and
Review, appear before the Board and advise the Board as to the
position of the applicable State or local Fire Marshal’s
Office. In this case, if a written plan review is not currently
available, the State or local Fire Marshal shall not be required to
submit written documentation for the case to proceed.
(Amd) 1.15.1
Where
pre-approved by the State Fire Marshal, the AHJ shall be permitted to
require a review by an approved independent third (3 rd )
party with expertise in the matter to be reviewed at the submitter’s
expense.
(Amd) 1.16.4.1
Any
person who fails to comply with the provisions of this Code, fails to
carry out an order made pursuant to this Code, or violates any
condition attached to a permit, approval or certificate shall be
subject to the penalties set forth in the Rhode Island State Fire
Safety Code.
(Res) 1.16.4.2
Reserved
for future consideration by the Fire Safety Code Board of Appeal and
and Review.
(Res) 1.16.4.3
Reserved
for future consideration by the Fire Safety Code Board of Appeal and
and Review.
(Amd) 1.16.5
Where
a violation creates an imminent danger, the AHJ is authorized to
abate such hazard in accordance with § 1.7.7.2.
(Res)
1.17
Reserved
for future consideration by the Fire Safety Code Board of Appeal and
Review.
7.1.2 CHAPTER 2 –
REFERENCED PUBLICATIONS
(Amd) 2.2
NFPA
70 ® , National Electrical Code ® , 2020
Edition, as adopted, reserved and amended by the State Building Code
Standards Committee as the Rhode Island Electrical Code (SBC-5)
pursuant to 510-RICR-00-00-5 .
NFPA
72 ® , National Fire Alarm and Signaling Code ,
2019 edition. Any conflict or citation inconsistency with the
provisions of this edition and references to the 2016 edition, shall
be resolved in favor of the most stringent requirement as determined
by the State Fire Marshal subject to appeal to the Fire Safety Code
Board of Appeal and Review.
(Res)
NFPA 720, Standard for the Installation of Carbon Monoxide (CO)
Detection and Warning Equipment, 2015 edition. This standard was
withdrawn by NFPA on August 14, 2018 and the requirements
incorporated into NFPA 72, 2019 edition.
NFPA
5000®, Building Construction and Safety Code®, 2018 edition
shall not be considered a referenced publication of this Code.
Pursuant to the ongoing agreement of the Fire Safety Code Board of
Appeal and Review and the Building Code Standards Committee, all
references to NFPA 5000, Building Construction and Safety Code, 2018
Edition, in this Code shall be understood to reference the comparable
current provisions of the Rhode Island State Building Code adopted
pursuant R.I. Gen. Laws §§ 23-27.3-100.1 et seq . and
42-35-1 through 8; and all references to the International Fire Code
in the Rhode Island State Building Code shall be understood to
reference the comparable current provisions of this Rhode Island
State Fire Safety Code adopted pursuant to the provisions of R.I.
Gen. Laws §§ 23-28.3-3 and 42-35-1 through 8. The AHJ,
having enforcement jurisdiction, shall not enforce the provisions of
NFPA 5000.
7.1.3 CHAPTER 3 –
DEFINITIONS
(Amd) 3.3.192.2
“ Apartment
Building” is a building or portion thereof containing four (4)
or more dwelling units with independent cooking and bathroom
facilities.
(Add) 3.3.192.17.1
Congregate
Family Living Facility: A building or part thereof that contains
sleeping rooms where residents share the entire house and live, cook
and function together as a single housekeeping unit.
(Add) 3.5 Rhode Island
Specific Definitions:
(Add) 3.5.1 “Abatement”
or to “Abate a condition” means the reduction, decrease,
or diminution of a hazardous condition that presents immediate danger
to life. The term "immediate" denotes that action is or
must be taken either instantly or without any considerable loss of
time. The condition may be singular or may be a set of conditions
that in combination present an “immediate danger to life”.
Such conditions, that present an “immediate danger to life”,
shall include improper management or use of flammable and combustible
materials, liquids and gases, pyrotechnics, fireworks or explosives,
malfunctioning automatic sprinklers, fire alarms and emergency
lighting, malfunctioning heating and electrical systems, blocked or
inadequate exits or means of egress, the overcrowding of assembly
occupancies and such other conditions as may be established by the
Fire Safety Code Board of Appeal and Review.
(Add) 3.5.2 “Authority
having jurisdiction (enforcement)” means, unless specifically
defined to the contrary in this code, the authority having
jurisdiction for the enforcement of this code shall be the State Fire
Marshal. The State Fire Marshal may delegate this enforcement
authority to any Deputy State Fire Marshal or Assistant Deputy State
Fire Marshal that he or she certifies and appoints pursuant to R.I.
Gen. Laws § 23-28.2-1 et seq . However, as a condition of
their continued certification, all such appointed Deputy State Fire
Marshals and Assistant Deputy State Fire Marshals shall apply the
code, consistently and uniformly across the State, under the guidance
of the State Fire Marshal.
(Add) 3.5.3 “Bed and
breakfast home” means an owner and/or innkeeper occupied
building that provides sleeping accommodations for up to sixteen (16)
guests. Every “Bed and Breakfast Home” must further have
originated as a private home and must have at least three hundred
(300) square feet of common space (i.e., dining room, living room,
etc.) for guest use, and must further provide breakfast. Finally, the
owner and/or innkeeper must occupy the building twenty-four (24)
hours a day, seven (7) days a week, while guests are utilizing the
facility. The owner and/or innkeeper of the Bed and Breakfast Home
shall have a plan of action, approved by the local official, to
assure the safety of the guests in the event the owner or innkeeper
is required to temporarily leave the facility unsupervised for
limited periods during the day.
(Add) 3.5.4 “Certificate
of occupancy” means after the building official inspects the
building or structure and, after consultation with the AHJ enforcing
the provisions of this code, finds no violations of the provisions of
this code or other laws that are enforced by the Department of
Building Safety, the building official issues an official document
known as a “certificate of occupancy” that generally
contains the following:
1. The building permit number
2. The address of the
structure
3. The name and address of the
owner
4. A description of that
portion of the structure for which the certificate is issued
5. A statement that the
described portion of the structure has been inspected for compliance
with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified
6. The name of the building
official
7. The edition of the code
under which the permit was issued
8. The use and occupancy, in
accordance with the provisions of the State Building Code
9. The type of construction as
defined in the State Building Code
10. The design occupant load
11. If an automatic sprinkler
system is provided, whether the sprinkler system is required
12. Any special stipulations
and conditions of the building permit
(Add) 3.5.5 “Citation
system” means a system of enforcement outlined in R.I. Gen.
Laws § 23-28.2-14.
(Add) 3.5.6 Reserved.
(Add) 3.5.7 “Compliance
order” means for the purposes of this Code, a compliance order
is defined as a command or direction authoritatively given to a
building owner or occupant to provide conformance with the Fire
Safety Code. A compliance order takes effect when a building owner or
occupant, after proper notice, has exhausted his/her administrative
appeals or has failed to avail himself/herself of appropriate
administrative appeals within a reasonable period of time after
receiving proper notice.
(Add) 3.5.8 “Emergency
shelter occupancy” means an occupancy or portion thereof used
on a temporary basis to provide sleeping accommodations for transient
or displaced individuals who have no other shelter arrangements
during periods of severe weather or during the aftermath of a natural
or man-made disaster.
(Add) 3.5.9 Reserved.
(Add) 3.5.10 “Funeral
establishment” means an assembly occupancy, as defined by R.I.
Gen. Laws § 5-33.2-1(11) as a “fixed place, establishment
or premises, licensed by the department (of health), devoted to the
activities which are incident, convenient, or related to the care and
preparation, arrangement, financial and otherwise, for the funeral,
transportation, burial or other disposition of human bodies and
including, but not limited to, a suitable room with all instruments
and supplies used for the storage and/or preparation of dead human
bodies for burial or other disposition.”
(Add) 3.5.11 “Organized
dining facility” means a place of public accommodation which is
characterized as a facility where private events are held and where
the primary source of revenue, in general, is derived from rental
charges for use of the facility and service of food. Such a facility
shall not provide for cover charges or have as a primary attraction
any event where entertainment is provided by a live band or recorded
music. Such a facility primarily provides for organized banquets,
private parties, fund raisers, wedding receptions, ceremonial events
and the like.
(Add) 3.5.12 “Nightclub”
means a place of public accommodation, which in general is
characterized by all of the following:
1. Provides entertainment by a
live band or recorded music generating above normal sound levels.
2. Has as its primary source
of revenue, in general, the sale of beverages of any kind for
consumption on the premises and/or cover charges. Food, if served, is
considered a secondary attraction.
3. Has an occupant load in
total or in any single area or room of at least one hundred (100)
patrons.
4. Nothing in this definition
shall be construed to include any place of public accommodation or
any event within a place of public accommodation, which is in its
nature distinctly private.
(Add) 3.5.13 “Place of
worship” means a building or structure, or an area thereof, the
occupancy of which is for the religious rites and services and
communal functions of a congregation, and which shall include
sanctuaries, gathering halls, meeting rooms and offices and related
facilities of the congregation, which may be located in the same, in
connected, or in proximate structures.
(Add) 3.5.14 “Suspended
ceiling” means a ceiling system consisting of a grid of
channels or “T-bars” suspended from the structure above
for readily removable acoustical tiles or lay-in panels.
(Add) 3.5.15 “Temporary
certificate of occupancy” means the building official may issue
a temporary certificate of occupancy before the completion of the
entire work covered by the permit, provided that such portion or
portions shall be occupied safely. The building official shall set a
time period during which the temporary certificate of occupancy is
valid.
(Add) 3.5.16 “Three
family apartment building” means a building or portion thereof
containing three (3) dwelling units with independent cooking and
bathroom facilities. This Code shall provide reasonable standards for
the installation of smoke and carbon monoxide detection in three
family apartment buildings.
7.1.4 CHAPTER 4 –
GENERAL REQUIREMENTS
7.1.5 CHAPTER 5 –
PERFORMANCE-BASED OPTIONS
7.1.6 CHAPTER 6 –
CLASSIFICATION OF OCCUPANCY
(Amd)
6.1.8.1.5 Definition – Apartment Building. A building or
portion thereof containing four (4) or more dwelling units with
independent cooking and bathroom facilities.
(Add) 6.1.8.1.5.1 Definition
– Three-Family Apartment Building. A building or portion
thereof containing three (3) dwelling units with independent cooking
and bathroom facilities.
7.1.7 CHAPTER 7 –
RESERVED
7.1.8 CHAPTER 8 –
RESERVED
7.1.9 CHAPTER 9 –
RESERVED
7.1.10 CHAPTER 10 –
GENERAL SAFETY REQUIREMENTS
(Add) 10.13.1.1.1
The
AHJ shall be authorized to allow natural cut or root balled Christmas
trees and/or the display of fresh-cut greens in accordance with the
provisions of this Chapter in the following locations:
(1) Rhode Island State House
and any City Hall or Town Hall;
(2) Any places of worship;
and,
(3) Any place of assembly
fully protected by an approved supervised automatic sprinkler system.
7.1.11 CHAPTER 11 –
BUILDING SERVICES
7.1.12 CHAPTER 12 –
FEATURES OF FIRE PROTECTION
7.1.13 CHAPTER 13 –
FIRE PROTECTION SYSTEMS
(Add) 13.3.1.8.1.2.1
Whenever
any supervised automatic sprinkler system supervisory signal is
required to sound and be displayed at a location that is constantly
attended by qualified personnel or at a remotely located receiving
facility, local signals that sound and are displayed in a public or
common area of the building shall be deemed to be in compliance.
(Amd) 13.3.2.8.1
Where
the occupant loads exceeds one hundred fifty (150), the following
assembly occupancies shall be protected throughout by an approved,
supervised automatic sprinkler system in accordance with NFPA 13:
(1) Dance Halls
(2) Discotheques
(3) Nightclubs
(4) Assembly occupancies with
festival seating
High-rise modifications
(Amd) 13.3.2.26.2
Existing
high-rise buildings, including those containing student occupied
assembly occupancies, shall be protected throughout by an approved
automatic sprinkler system in accordance with this Chapter, and §§
13.3.2.26.2.1 through 13.3.2.26.2.3.
(Amd) 13.3.2.26.2.3
The entire building shall be
required to be protected by an approved automatic sprinkler system,
installed pursuant to the provisions of NFPA 13, as applicable, on or
before January 1, 2016. The applicable version of NFPA 13 shall be
that version in force and effect at the time plans for the
installation of the system were approved by the AHJ or as outlined in
§ 1.14.3 of this Part. (Note: This mandate was originally
adopted in the 2004 edition as outlined in Section 7 (Amend) Rhode
Island Fire Code § 13.3.2.22.2.3.)
(Res) 13.3.2.20
(Add) 13.6.2.7 Appeals
(Add) 13.6.2.7.1
Any person, firm, corporation
and/or co-partnership aggrieved by the decision of the State Fire
Marshal to suspend, revoke or refuse to issue or renew a permit may
petition the Fire Safety Code Board of Appeal and Review for a
hearing pursuant to §
1.7.1 of this Subchapter et seq . of the Fire Safety Code.
(Res) 13.6.6
(Add) 13.6.7 Sales, leasing
and servicing.
The
sales, leasing and servicing of portable fire extinguishers and the
installation and servicing of fixed fire extinguishing systems shall
be in accordance with the provisions of § 13.6.7.1 et seq .
of this Code.
(Add) 13.6.7.1 General
(Add) 13.6.7.1.1 Issuance of
Certificate of Registration:
Any firm desiring to engage
in the business of servicing portable fire extinguishers shall make a
written application to the State Fire Marshal. A Certificate of
Registration shall be required for each separate location where there
are facilities to service extinguishing equipment. The application
must be signed by the sole proprietor, or each partner, or by an
officer of the corporation.
Any firm desiring to engage
in the business of installing, repairing and servicing fixed systems
shall make a written application to the State Fire Marshal. A
Certificate of registration shall be required for each separate
location where there are facilities to service extinguishing
equipment. The application must be signed by the sole proprietor, or
each partner, or by an officer of the corporation.
A firm must be the holder of
both Certificates of Registration in order to service portable fire
extinguishers and to engage in the business of installing, repairing
and servicing fixed systems. No person(s) shall service portable fire
extinguishers or install, repair and service fixed systems without
first obtaining the appropriate license to do so.
(Add) 13.6.7.1.2
The State Fire Marshal shall
issue or renew such Certificate of Registration authorizing the
applicant to engage in the business of selling or leasing portable
fire extinguishers, or selling or leasing fixed systems or both,
provided the requisite fee(s) have been paid and all applicable
requirements have been met.
(Add) 13.6.7.1.3
All persons engaged in the
business of servicing, installing, repairing and testing
portable/fixed fire extinguisher systems shall be required to be
certified. Certification requires that the person pass a test
administered by an organization acceptable to the Office of the State
Fire Marshal.
(Add)
13.6.7.2 License/Permits
(Add) 13.6.7.2.1 Issuance of
License
Upon approved certification,
the State Fire Marshal shall issue a license having an identifying
number to the Applicant.
(Add) 13.6.7.2.2 Issuance of
Apprentice Permit
Any person desiring to
service portable fire extinguishers and/or fixed systems, as an
apprentice, shall file an application for a permit on forms provided
by the State Fire Marshal. The application must be signed by the
employer who holds an appropriate certificate of registration. The
prescribed fee shall be paid at time of filing.
(Add) 13.6.7.2.3
An Apprentice shall not
service any portable fire extinguishers and/or fixed systems except
under the personal and immediate supervision of a journeyman holding
a valid license to install, repair and/or service fixed fire
extinguishing systems.
(Add) 13.6.7.2.4
The State Fire Marshal shall
issue each Apprentice Permit an identifying number and each such
permit shall be readily identifiable as an Apprentice Permit for
portable fire extinguishers or fixed systems. Time served as an
apprentice must be a minimum of six (6) months for fixed systems;
four (4) months for portable fire extinguishers.
(Add) 13.6.7.2.5
An Apprentice Permit shall be
valid for a period of one (1) year from date of issuance.
(Add) 13.6.7.2.6
An apprentice desiring to
remain as same beyond the expiration date of said permit must make
application for a new permit.
(Add) 13.6.7.2.7
Services performed after the
expiration of certificates, licenses or permits issued by the State
Fire Marshal shall be deemed a violation of these Regulations.
(Add) 13.6.7.2.8 Renewal of
Licenses or Certificates
All licenses or certificates
must be renewed annually.
(Add) 13.6.7.3 Fees
(Add) 13.6.7.3.1
Initial fee for certification
for firms selling, leasing, or servicing portable fire extinguishers
is one hundred dollars ($100.00).
(Add) 13.6.7.3.2
Initial fee for certification
of firms installing, repairing and/or servicing fixed extinguishing
systems is one hundred dollars ($100.00).
(Add) 13.6.7.3.3
Renewal of certification for
firms selling, leasing or servicing portable fire extinguishers is
one hundred dollars ($100.00). annually.
(Add) 13.6.7.3.4
Renewal of certification for
firms installing, repairing and servicing fixed fire extinguishing
systems is one hundred dollars ($100.00). annually.
(Add) 13.6.7.3.5
Initial fee for examination
and license for portable fire extinguisher journeyman is fifty
dollars ($50.00).
(Add) 13.6.7.3.6
Initial fee for examination
and license for fixed fire extinguishing systems journeyman is fifty
dollars ($50.00).
(Add) 13.6.7.3.7
Renewal of Journeyman
Licenses is fifty dollars ($50.00) annually.
(Add) 13.6.7.3.8
Fee for portable fire
extinguishers Apprentice Permit is five dollars ($5.00).
(Add) 13.6.7.3.9
Fee for fixed fire
extinguishing Apprentice Permit systems is five dollars ($5.00).
(Add) 13.6.7.4 Administrative
(Add) 13.6.7.4.1
By March 1st of each year,
holders of a Certificate of Registration shall report annually the
name, address, license number, and Apprentice Permit number of each
licensee and apprentice in their employ to the State Fire Marshal.
(Add) 13.6.7.4.2
The State Fire Marshal may
either refuse to issue or renew, or it may suspend or revoke any
Certificate of Registration, License, Apprentice Permit or
Hydrostatic Testing Approval for any of the following reasons:
1. Any violation as listed in
the Enabling Act.
2. Having obtained or having
attempted to obtain a License, Apprentice Permit, Hydrostatic Testing
Approval or Certificate of Registration, by fraudulent
misrepresentation.
3. Gross malpractice or gross
incompetency.
4. Advertising for the sale
or servicing of fixed or portable fire extinguisher system by means
of knowingly false or deceptive statements.
5. Violation of any provision
of these Regulations.
13.7 Detection, Alarm and
Communications Systems
§§ 13.7.1 through
13.7.4.7.6 are hereby reserved by the Fire Safety Code Board of
Appeal and Review. Fire Alarm requirements are found in the Rhode
Island Life Safety Code ( Part
8 of this Subchapter) Chapter 9.6 and Chapters 12-44 as
applicable.
7.1.14 CHAPTER 14 –
MEANS OF EGRESS
7.1.15 CHAPTER 15 –
FIRE DEPARTMENT SERVICE DELIVERY CONCURRENCY EVALUATION (RESERVED)
7.1.16 CHAPTER 16 –
SAFEGUARDING CONSTRUCTION, ALTERATION, AND DEMOLITION OPERATIONS
7.1.17 CHAPTER 17 –
WILDLAND URBAN INTERFACE
7.1.18 CHAPTER 18 –
FIRE DEPARTMENT ACCESS AND WATER SUPPLY
7.1.19 CHAPTER 19 –
COMBUSTIBLE WASTE AND REFUSE
7.1.20 CHAPTER 20 –
OCCUPANCY FIRE SAFETY
7.1.21 CHAPTER 21 –
AIRPORTS AND HELIPORTS
7.1.22 CHAPTER 22 –
AUTOMOBILE WRECKING YARDS
7.1.23 CHAPTER 23 –
CLEANROOMS
7.1.24 CHAPTER 24 –
DRYCLEANING
7.1.25 CHAPTER 25 –
GRANDSTANDS AND BLEACHERS, FOLDING AND TELESCOPIC SEATING, TENTS AND
MEMBRANE STRUCTURES
(Add) 25.2.6 Permitting of
Tents
(Add) 25.2.6.1 All tents,
exceeding three hundred fifty (350) square feet, shall further
conform to the mandates of R.I. Gen. Laws § 23-28.19-1 et
seq .
(Add) 25.2.6.1.1 For the
purposes of this section, the AHJ shall have no jurisdiction over
tents on the property of one (1) or two (2) family private dwellings.
(Add) 25.2.6.2 The AHJ having
enforcement jurisdiction shall have the authority to re-approve the
licensing of tents, covered under R.I. Gen. Laws § 23-28.19-1,
for successive thirty (30) day periods provided he or she is
satisfied that the tent continues to be properly operated and
maintained in accordance with the provisions of R.I. Gen. Laws §
23-28.19-1 et seq . A re-inspection of previously licensed
tents shall not be required more than once in a twelve (12) month
period unless deemed necessary by the AHJ.
7.1.26 CHAPTER 26 –
LABORATORIES USING CHEMICALS
7.1.27 CHAPTER 27 –
MANUFACTURED HOME AND RECREATIONAL VEHICLE SITES
(Amd)
27.3
The
construction of recreational vehicle parks and campgrounds that offer
temporary living sites for use by recreational vehicles and camping
units shall comply with NFPA 1194, Standard for Recreational
Vehicle Parks and Campgrounds . Chapter 7 of NFPA 1194, titled
“Environmental Health and Sanitation” is hereby reserved
in its entirety and the requirements for all equipment, systems and
facilities regulated thereunder shall be transferred to the
jurisdiction of the State Building Code [SBC-1], 510-RICR-00-00-1
and the State Plumbing Code [SBC-3], 510-00-00-3 .
7.1.28 CHAPTER 28 –
MARINAS, BOATYARDS, MARINE TERMINALS, PIERS, AND WHARVES
(Amd) 28.1.1.4
No
requirement in this Chapter is to be construed as reducing applicable
building, fire and electrical codes. For the purpose of plan review
and inspection compliance, storage occupancies will be treated as
industrial occupancies if there is mixed or intermingled use within
the building. Designated high hazard areas in industrial buildings
will be protected with localized fire suppression and one-hour
separation.
(Amd) 28.1.2.2.1.3*
In
existing facilities, considering water supply availability and
adequacy, and the size of the facility, where clearly impracticable
for economic or physical conditions, the Authority Having Enforcement
Jurisdiction shall either exempt the building from this requirement
or assist the owner in the development of reasonable alternative
protection for the building. Such alternative protection may involve
the use of the natural water source, on which the marina is located,
as the fire department and/or suppression system water supply.
(Amd) 28.1.2.2.2.2*
In
existing facilities, considering water supply availability and
adequacy, and the size of the facility, where clearly impracticable
for economic or physical conditions, the Authority Having Enforcement
Jurisdiction shall either exempt the building from this requirement
or assist the owner in the development of reasonable alternative
protection for the building. Such alternative protection may involve
the use of the natural water source on which the marina is located as
the fire department and/or suppression system water supply.
(Amd) 28.1.1.2.2.3.4*
In
existing facilities, considering water supply availability and
adequacy, and the size of the facility, where clearly impracticable
for economic or physical conditions, the Authority Having Enforcement
Jurisdiction shall either exempt the building from this requirement
or assist the owner in the development of reasonable alternative
protection for the building. Such alternative protection may involve
the use of the natural water source on which the marina is located as
the fire department and/or suppression system water supply.
(Add) 28.1.2.2.3.5
Where
sprinkler system installation is required, or installed at the
discretion of the building owner, the Office of the State Fire
Marshal will review the plans for consistency of enforcement in
cooperation with the AHJ. Alternative suppression systems shall be
subject to approval by the Rhode Island Fire Safety Code Board of
Appeal and Review.
(Add) 28.1.2.2.3.6
An
approved water supply shall be provided within one hundred feet
(100’) (30.5 m) of the pier/land intersection or fire
department connection serving fire protection systems. Access between
water supplies and pier/land intersections or fire department
connections shall be by roadway acceptable to the AHJ. In existing
facilities, considering water supply availability and adequacy, and
the size of the facility, where clearly impracticable for economic or
physical conditions, the Authority Having Enforcement Jurisdiction
shall either exempt the owner from this requirement or assist the
owner in the development of reasonable alternative protection for the
building. Such alternative protection may involve the use of the
natural water source, on which the marina is located, as the fire
department and/or suppression system water supply.
(Amd) 28.1.2.5
Hydrants
and Water Supplies. Except as outlined below, hydrants and water
supplies for fire protection in marinas and boatyards shall be
provided in accordance with NFPA 13, NFPA 14 and NFPA 24.
Notwithstanding the above, the marina management of existing
facilities may provide supplemental water supply access for
responding firefighters with an approved performance designed
alternative system, to include dry hydrants, at existing facilities,
subject to the approval of the local AHJ.
(Add) 28.1.4.2.8
Marina
management shall work with local fire officials to provide and
maintain emergency access to all facility structures and to the
onsite water supply.
(Add) 28.1.4.2.9
Marina
management shall work with local fire departments to maintain
adequate fire department access for exterior winter boat storage.
(Add) 28.1.4.2.10
Marina management will provide
a floor plan, signage and marking for interior boat storage areas
that provide for acceptable access to exterior exits subject to the
approval of the local AHJ.
7.1.29 CHAPTER 29 –
PARKING GARAGES
7.1.30 CHAPTER 30 –
MOTOR FUEL DISPENSING FACILITIES AND REPAIR GARAGES
7.1.31 CHAPTER 31 –
FOREST PRODUCTS AND BIOMASS FEEDSTOCKS
7.1.32 CHAPTER 32 –
MOTION PICTURE AND TELEVISION PRODUCTION STUDIO SOUNDSTAGES AND
APPROVED PRODUCTION FACILITIES
7.1.33 CHAPTER 33 –
OUTSIDE STORAGE OF TIRES
7.1.34 CHAPTER 34 –
GENERAL STORAGE
7.1.35 CHAPTER 35 –
ANIMAL HOUSING FACILITIES
7.1.36 CHAPTER 36 –
TELECOMMUNICATION FACILITIES AND INFORMATION TECHNOLOGY EQUIPMENT
7.1.37 CHAPTER 37 –
FIXED GUIDEWAY TRANSIT AND PASSENGER RAIL SYSTEMS
7.1.38 CHAPTER 38 –
MARIJUANA GROWING, PROCESSING, OR EXTRACTION FACILITIES
7.1.39 CHAPTER 39 –
RESERVED
7.1.40 CHAPTER 40 –
DUST EXPLOSION AND FIRE PREVENTION
7.1.41 CHAPTER 41 –
WELDING CUTTING AND OTHER HOT WORK
(Add)
41.1.3 (8) All blacksmith operations, forging and related historical
practices.
7.1.42 CHAPTER 42 –
REFUELING
7.1.43 CHAPTER 43 –
SPRAYING, DIPPING, AND COATING USING FLAMMABLE OR COMBUSTIBLE
MATERIALS
7.1.44 CHAPTER 44 –
SOLVENT EXTRACTION
7.1.45 CHAPTER 45 –
COMBUSTIBLE FIBERS
7.1.46 CHAPTER 46 –
RESERVED
7.1.47 CHAPTER 47 –
RESERVED
7.1.48 CHAPTER 48 –
RESERVED
7.1.49 CHAPTER 49 –
RESERVED
7.1.50 CHAPTER 50 –
COMMERCIAL COOKING
(Amd)
50.5.2.8 Certificates of inspection and maintenance shall be
forwarded to the AHJ within ten (10) business days.
(Add)
50.5.4.1 Any business that is open less than six (6) months a year
shall be considered a seasonal business with low-volume cooking
operations and as such, shall be exempt from the semiannual
maintenance requirements of § 96:11.4 and shall only be required
to perform said maintenance annually prior to reopening for the
season.
(Amd) 50.5.6.15 Certificates
of inspection and cleaning and reports of areas not cleaned shall be
forwarded to the AHJ within ten (10) business days.
7.1.51 CHAPTER 51 –
INDUSTRIAL OVENS AND FURNACES
7.1.52 CHAPTER 52 –
ENERGY STORAGE SYSTEMS
7.1.53 CHAPTER 53 –
MECHANICAL REFRIGERATION
7.1.54 CHAPTER 54 –
OZONE GAS-GENERATING EQUIPMENT
7.1.55 CHAPTER 55 –
CLEANING AND PURGING OF FLAMMABLE GAS PIPING SYSTEMS
7.1.56 CHAPTER 56 –
RESERVED
7.1.57 CHAPTER 57 –
RESERVED
7.1.58 CHAPTER 58 –
RESERVED
7.1.59 CHAPTER 59 –
RESERVED
7.1.60 CHAPTER 60 –
HAZARDOUS MATERIALS
7.1.61 CHAPTER 61 –
AEROSOL PRODUCTS
7.1.62 CHAPTER 62 –
RESERVED
7.1.63 CHAPTER 63 –
COMPRESSED GASES AND CRYOGENIC FLUIDS
7.1.64 CHAPTER 64 –
CORROSIVE SOLIDS AND LIQUIDS
7.1.65 CHAPTER 65 –
EXPLOSIVES, FIREWORKS AND MODEL ROCKETRY
(Amd) 65.2.3 Fireworks
Permits.
Permits shall comply with the
provisions of § 65.2.3.1 et seq .
(Add) 65.2.3.1 Application for
Permits
(Add) 65.2.3.1.1
No application for permit
shall be issued by the local fire authority, unless applicant is
holder of a valid Certificate of Competency issued by the State Fire
Marshal.
(Add) 65.2.3.1.2
Application for permit to
operate a display of fireworks or pyrotechnics in conformance with
the terms of R.I. Gen. Laws Chapter 23-28.11 shall be made in writing
on forms provided by the State Fire Marshal, and delivered in person
to the Chief of the Fire Department or his or her designee of the
city, town, district or municipality in which the display is to be
held.
(Add) 65.2.3.1.3
Such application and any
addendum necessary shall set forth:
1. The name of the
organization sponsoring the display.
2. The name of the company
and/or individuals actually in charge of firing the display.
3. Evidence of financial
responsibility.
4. The date and time of day at
which the display is to be held.
5. The exact location planned
for the display.
6. The license number of the
person firing the display along with all the names of the persons who
will be assisting him or her.
7. The number, kinds and sizes
of fireworks and/or pyrotechnics to be discharged.
8. The manner and place of
storage of such fireworks and/or pyrotechnics prior to the display.
9. A diagram of the grounds,
for all outdoor displays, on which the display is to be held showing
the point at which the fireworks are to be discharged, the locations
of all buildings, highways and other lines of communication, the
lines behind which the audience will be restrained, the location of
all nearby trees, telegraph, electric, municipal fire alarm and/or
communications cables, telephone lines or other overhead obstruction.
10. A diagram of the interior
of the building, for all pyrotechnic displays, for where the display
is to be held showing the points where the pyrotechnics are to be
discharged, the height of the ceilings or overhead obstructions, the
distance to interior walls, the distances to the audience, the
proximity to persons performing in relation to the pyrotechnics.
11. A copy of the up to date
permit issued by the State Fire Marshal’s Office for the
vehicle that will be used to transport the commercial fireworks for
the display.
12. A copy of the letter from
an attorney, a member of the Rhode Island Bar Association, stating
that they represent the nonresident shooter of fireworks and/or
pyrotechnics upon whom all processes in any action or proceeding
against the person may be served.
(Add) 65.2.3.1.4
Upon receipt of such
application at least fifteen (15) days in advance of the date set for
this display, the Chief of the Fire Department shall make, or cause
to be made, an investigation of the site of the proposed display for
the purpose of determining whether the provisions of these
Regulations are complied with in the case of the particular display.
The Chief of the Fire Department or his or her designee shall endorse
the Application, stating that he or she approves the display as being
in conformance with all parts of the law and with these Regulations.
(Add) 65.2.3.1.5
The Chief of the Fire
Department, or his or her designee, upon endorsement of the
application and after receipt of evidence of financial responsibility
and proof of an attorney for nonresident shooters as required by law,
shall issue a nontransferable permit authorizing the display.
(Add) 65.2.3.4 General
(Add) 65.2.3.4.1
Fire protection and
extinguishing equipment shall be provided and required by the Chief
of the Fire Department, or his or her designee.
(Add) 65.2.3.4.2
The person to whom a permit
has been issued shall arrange for the detailing of one (1) member of
the local fire department or such larger number as may be deemed
necessary by the Chief of the Fire Department or his or her designee.
Fire Department personnel shall be on duty from the time the
fireworks are delivered at the site until the termination of the
display and the removal of all fireworks and debris from the site.
The expense for such firefighters shall be paid by the permittee.
(Add) 65.2.3.4.3
All disputes arising as a
result of the administration of these Rules and Regulations shall be
referred to the State Fire Marshal.
(Add) 65.2.3.4.4
Any person, firm, corporation
and/or co-partnership aggrieved by the decision of the State Fire
Marshal, as outlined in § 65.2.3.4.3 above, may file an appeal
and request a hearing before the Fire Safety Code Board of Appeal and
Review pursuant to R.I. Gen. Laws § 23-28.3-3(d) and §
1.7.1
of this Subchapter , the Fire Safety Code.
(Add) 65.6.1 Model Rocketry
Permits.
Permits
shall comply with the provisions of this Code and NFPA 1122, Code
for Model Rocketry .
(Add) 65.6.1.1
Any person who handles,
stores, sells, buys, transports or ignites a rocket motor must have a
permit from the Head of the Fire Department or must be accompanied by
and be under the supervision of a person with a permit.
(Amd) 65.9.2 Explosives
Permits.
Permits
shall comply with the provisions of this Code.
(Add) 65.9.3 General
Provisions
(Add) 65.9.3.1
Storage, handling and firing
of explosives shall be in accordance with the provisions of the Fire
Safety Code, NFPA 495, 2013 edition and applicable Federal and State
Regulations.
(Add) 65.9.3.2
A permit to blast shall be
obtained from the State Fire Marshal at least three (3) working days
prior to requested blast time. Working days are Monday through
Friday, with Saturday, Sunday and Holidays excluded.
7.1.66 CHAPTER 66 –
FLAMMABLE AND COMBUSTIBLE LIQUIDS
7.1.67 CHAPTER 67 –
FLAMMABLE SOLIDS
7.1.68 CHAPTER 68 –
HIGHLY TOXIC AND TOXIC SOLIDS AND LIQUIDS
7.1.69 CHAPTER 69 –
LIQUEFIED PETROLEUM GASES AND LIQUEFIED NATURAL GASES
(Amd) 69.1.2 Permits.
Any
firm desiring to engage in the business of storing, handling or
dispensing LPG and/or LNG shall make written application to the State
Fire Marshal, on forms provided by the State Fire Marshal. A
certification of registration and permit shall be required for each
separate facility. The application must be signed by the sole
proprietor, or each partner, or by an officer of the company
responsible for the acceptance of service of process.
(Add) 69.1.3
Upon
receipt of said application, the State Fire Marshal may schedule a
fire safety inspection of the facility in accordance with the
provisions of Chapter 69 of this Code and its referenced standards.
(Add) 69.1.4
All
permits must be renewed annually.
(Add) 69.1.5 Permit fee.
Each
annual application for a permit hereunder shall be accompanied by a
permit fee of seventy-five dollars ($75.00), by check or money order
made payable to the State of Rhode Island.
(Add) 69.1.6 Expiration of
permits.
All
permits hereunder shall expire on the date specifically noted on the
permit.
(Add) 69.1.7 Revocation.
The
State Fire Marshal may either refuse to issue or renew, or he or she
may suspend or revoke, any Certificate of Registration or Permit, for
cause.
(Add) 69.1.8
Sufficient
cause includes, but is not limited to, the following:
1. A gross malpractice or
gross incompetence in the handling, storage or dispensing of LPG or
LNG.
2. Violation of any provision
of the Fire Safety Code in general and/or this Chapter 69 in
particular.
3. A fire, explosion or other
comparable incident at any facility under the control of the permit
holder.
(Add) 69.1.9 Hearings and
review.
Any
person, firm, corporation, and/or co-partnership aggrieved by the
decision of the State Fire Marshal to suspend, revoke or refuse to
issue or renew a permit may petition the Fire Safety Code Board of
Appeal and Review for a hearing pursuant to § 1.7.1
of this Subchapter et seq . of the Fire
Safety Code.
(Add) 69.7.1
In
addition to the requirements set forth in § 69.7, all existing,
new, and modified liquefied petroleum gas plants and systems, having
a total container water capacity in excess of one thousand (1,000)
gallons, shall further provide the AHJ with an engineering study
evaluating the liquefied petroleum gas plant and system’s
susceptibility to earthquake damage using the current procedures
recommended by FM Global, the Army Corps of Engineers and the seismic
evaluation standards issued by FEMA.
(Add) 69.7.2
All
new, existing, and modified liquefied petroleum gas plants and
systems first shall further comply with earthquake protection
standards outlined in NFPA 59, 2015 edition, along with all other
safety requirements mandated by the AHJ after his or her review of
the engineering study outlined in § 69.7.1.
(Add) 69.8.1
In
addition to the requirements set forth in § 69.8, all existing,
new, and modified liquefied natural gas plants and systems, having a
total container water capacity in excess of one thousand (1,000)
gallons, shall further provide the AHJ with an engineering study
evaluating the liquefied natural gas plant and system’s
susceptibility to earthquake damage using the current procedures
recommended by FM Global, the Army Corps of Engineers and the seismic
evaluation standards issued by FEMA.
(Add) 69.8.2
All
new, existing, and modified liquefied natural gas plants and systems
shall further comply with earthquake protection standards outlined in
NFPA Chapter 59A, 2013 edition, along with all other safety
requirements mandated by the AHJ after his or her review of the
engineering study outlined in § 69.8.1.
7.1.70 CHAPTER 70 –
OXIDIZER SOLIDS AND LIQUIDS
7.1.71 CHAPTER 71 –
PYROPHORIC SOLIDS AND LIQUIDS
7.1.72 CHAPTER 72 –
UNSTABLE (REACTIVE) SOLIDS AND LIQUIDS
7.1.73 CHAPTER 73 –
WATER-REACTIVE SOLIDS AND LIQUIDS
7.1.74 CHAPTER 74 –
AMMONIUM NITRATE
7.1.75 CHAPTER 75 –
ORGANIC PEROXIDE SOLIDS AND LIQUIDS
7.1.76 ANNEX A
7.1.77 ANNEX B
7.1.78 ANNEX C
7.1.79 ANNEX D
7.1.80 ANNEX E
7.1.81 ANNEX F
7.1.82 ANNEX G