Fire Laws

CHAPTER 28.01

COMPREHENSIVE FIRE SAFETY ACT

Section

23-28.01-1. Short title.

23-28.01-2. Legislative findings.

23-28.01-3. Legislative purpose and intent.

23-28.01-4. Powers and duties.

23-28.01-5. Planning and reporting.

23-28.01-6. Coordinated administration of Fire Safety and Building Codes.

23-28.01-1. Short title

This act shall be known and may be cited as "The Comprehensive Fire Safety Act of 2003".

23-28.01-2. Legislative findings.

The general assembly finds and declares that:
(a) Fires are a significant and preventable cause of the loss of life in the state;
(b) Catastrophic fires, while rare, have happened in the state with tragic loss of life;
(c) Fire safety and building codes can provide standards that substantially reduce the risk of death, injury, and property damage caused by fires;
(d) Compliance with codes is critical to their being an effective means for achieving the reduction of both risks and losses;
(e) Codes are more effective when they are comprehensive in their application, up-to-date, and integrated;
(f) Rhode Island has a long history of developing, adopting, and implementing codes as conditions in the state have changed and the means and practice of fire safety have evolved; and
(g) Rhode Island, in 2003, wishes in response to the tragic fire at "The Station" nightclub, in West Warwick, to improve fire safety throughout the state.

23-28.01-3. Legislative purpose and intent.

The purposes of this act are to make Rhode Island the safest state in the nation in terms of fire safety, to provide for the adoption and implementation of an up-to-date comprehensive system of codes for fire safety and to foster a culture of compliance with standards for fire safety, and to provide for amendments to title 23, 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 subsequent sections of the public law establishing this chapter.

23-28.01-4. Powers and duties.

The powers necessary to implement the provisions of this act shall be vested in the fire marshal, as provided for in chapter 23-28.2 as amended, who may delegate authority as provided by law, and in the Fire Safety Code Board of Appeal and Review, as provided for in chapter 23-28.3.

23-28.01-5. Planning and reporting.

The system of fire safety codes, compliance, enforcement, and education, shall be regularly reviewed in order to maintain the use of best practices throughout Rhode Island and to plan for and implement professional, comprehensive, efficient and effective fire safety measures in the state.

(a) The fire marshal shall, in conjunction with the fire safety code board of appeal and review, the building code commission, the department of health, the economic development corporation, the department of elementary and secondary education, and representatives of local fire departments, prepare and approve by February 20, 2004, a comprehensive plan setting forth goals and implementation measures for improving fire safety in Rhode Island, which plan shall include recommendations regarding public, fire safety education. The plan may be periodically reviewed and amended and shall be updated at least once every five (5) years. The plan, and any amendments and updates, shall be submitted to the governor, the speaker of the house and the president of the senate. A copy of the plan shall be provided to the secretary of state, and the report shall be posted on the website of the fire marshal.

(b) The fire marshal shall submit a report on or before February 1, 2005, and annually not later than February 1 in each year thereafter, to the governor, the speaker of the house and the president of the senate on fire safety in Rhode Island, summarizing the incidence of fires in Rhode Island, describing the status of fire safety efforts in Rhode Island and progress toward meeting goals set forth in the five (5) year plan, and recommending actions for improving fire safety. A copy of the report shall be provided to the secretary of state, and the report shall be posted on the website of the fire marshal.

(c) In order to increase public information about fire risks in places of assembly, the fire marshal shall make public the repeat and/or uncorrected fire safety code violations of all places of assembly that are classified as nightclubs and provide this information on a website, effective February 20, 2004.

23-28.01-6. Coordinated administration of Fire Safety and Building Codes.

(a) The fire marshal and the state building commissioner shall jointly advise by July 1, 2004, the joint committee on the rehabilitation building code for existing buidings and structures, established by chapter 23-29.1, with regard to any conflicts between fire safety codes and building codes and the enforcement thereof. The joint committee shall develop comprehensive recommendations by October 1, 2004, for resolving such conflicts, which recommendations shall be submitted to the Fire Safety Code Board of Appeal and Review and the State Building Code Standards Committee, as appropriate, for consideration and for implementation by rule or agreement by July 1, 2005.

(b) The Fire Safety Code Board of Appeal and Review shall report by February 1, 2004, to the general assembly with regard to all provisions of the general and public laws that will be either superceded or made oblosete by the adoption of changes to the Fire Safety Code.