§ 23-28.6-21 - Sprinklers required. - Rhode Island Statutes

SECTION 23-28.6-21

   § 23-28.6-21  Sprinklers required. –(a) All new and existing places of assembly shall be completely protected by anapproved system of automatic sprinklers installed and maintained in accordancewith N.F.P.A. Standard 13, 2002 Edition and its related standards pursuant tothe schedule outlined in subsection (d) of this section.

   (b) The requirements of subsection (a) of this section shallnot apply to:

   (i) Any place of assembly with an occupancy load of fifty(50) to three hundred (300) people of less concentrated use, exclusivelycalculated at fifteen (15) square feet per person;

   (ii) Any place of assembly with an occupancy load of fifty(50) to three hundred (300) people of concentrated use not classified as a"nightclub";

   (iii) Any place of assembly with an occupancy load of fifty(50) to three hundred (300) people of concentrated use, classified as a"nightclub" with a posted maximum occupancy of less than one hundred fifty(150) people;

   (iv) Any existing building used primarily as a place ofworship that is in compliance with the requirements for places of worshipestablished pursuant to § 23-28.6-24.

   (v) The open assembly areas in existing unheated buildingsused on a seasonal basis provided the building is protected by a properlymaintained total (complete) fire alarm system during all periods of occupancy.

   (vi) Student occupied assembly areas, such as auditorium(s),library(s), cafeteria(s) and gymnasium(s), within any existing building,classified as either an educational occupancy, or an institution of highereducation such as a community college, a college and/or university, that isprotected by a properly maintained total (complete) fire alarm system. In theevent the owner or management of such a building plans to use one or more ofthe above assembly areas, in a manner inconsistent with the traditionaleducational use, for example a community meeting, a dance or a play, the owneror responsible management must first consult with the state fire marshal'sdesignee, in the local fire department, and develop a plan of action for suchuse. The proposed event shall only be conducted pursuant to the above plan ofaction. This exception shall not apply to any such existing higher educationassembly area(s) used generally for commercial purposes such as an arena,restaurant, bar or lounge.

   (c) Alternatively engineered sprinkler systems, approved bythe Fire Safety Code Board of Appeal and Review, shall be allowed in theretrofitting of an existing place of assembly with sprinklers.

   (d) All places of assembly with a maximum occupancy of morethan three hundred (300) people shall be fully sprinkled in accordance with theabove standards on or before July 1, 2005. All "nightclubs" with a postedmaximum occupancy of one hundred fifty (150) or more people, and up to threehundred (300) people shall be fully sprinkled in accordance with the abovestandards on or before July 1, 2006. For good cause shown, the above deadlinesmay be extended by the Fire Safety Code Board of Appeal & Review.

   (e) The occupancy of any place of assembly without a firealarm system and/or sprinkler system after July 1, 2004, shall have its maximumoccupancy adjusted by minus ten percent (10%) for the absence of a fire alarmsystem and minus twenty percent (20%) for the absence for the sprinklers, whenfire alarm systems and/or sprinklers are required by law or regulation. Suchdownward adjustment in occupancy shall be cumulative and shall cease to applywhen the premises are in compliance with requirements for fire alarms systemsand sprinklers, and shall not affect any other requirements of the Fire SafetyCode Board of Appeal and Review applicable to the premises. The ten percent(10%) and twenty percent (20%) reductions in maximum occupancy, herein setforth, may be waived, in writing, by the state fire marshal, assistant statefire marshal, deputy state fire marshals, the local fire chief of thejurisdiction in which the place of assembly is located, or an assistant deputystate fire marshal as designated by the local fire chief. Provided, however,that the owner or management responsible for the operation of the facilityshall be required to operate said facility under an alternative plan of actionfor fire safety, which plan shall require the approval of the state firemarshal, the assistant state fire marshal, deputy state fire marshals, thelocal fire chief of the jurisdiction in which the place of assembly is located,or an assistant deputy state fire marshal as designated by the local firechief, in order to qualify for the waiver provided for herein.

   (f) A place of assembly with an occupancy of one hundredfifty (150) or greater and up to three hundred (300) may avoid the aboveoccupancy adjustment by requiring a fire fighter to be on duty during all hoursof occupancy. In no event shall the occupancy adjustment to the firefighterrequirement alter the July 1, 2006 deadline for the installation of sprinklers.

   (g) All places of assembly with an occupancy of less than onehundred fifty (150) shall use fire retardant paints or other coverings, to astandard acceptable to the Fire Safety Code Board of Appeal and Review, unlessthe building has sprinklers by July 1, 2006.

   (h) The provisions of this section, in its entirety, shallnot apply to places of worship except as may be required by the Fire SafetyCode Board of Appeal and Review pursuant to § 23-28.6-24.