04/29/2003

A legislative commission in Rhode Island is studying ways to upgrade the state's fire-safety laws. In many states, including Rhode Island, fire experts turn to the National Fire Protection Association for guidance. The national association released its recommendations yesterday. Among the measures being considered by the state commission are these recommendations, submitted by the state's Fire Safety Code Board of Appeal & Review:

Delete the grandfather clause from state code. The clause exempts older structures from modern fire codes. Those buildings are governed by the state's 1968 fire regulations. In place of the grandfather clause, the board would recommend that the state adopt the National Fire Protection Association's standards for existing buildings.

Allow fire authorities to issue civil infraction tickets for some code violations. The fire board recommends that fire-enforcement officers be allowed to issue tickets similar to traffic violations. The tickets would probably cover general maintenance items, such as blocked exits, failing to maintain sprinkler systems or fire alarms, or burned-out emergency lights.

Add a specific fine to the "right of entry" provisions in the code. Under current law, if a property owner denies a fire marshal access to a potentially overcrowded facility, the fire marshal's only option is to get a search warrant. Attaching a fine to the right-of-entry provision may encourage property owners to encourage immediate access. The fire board did not recommend a specific dollar amount.

Reference the 2003 edition of the NFPA codes. The state's fire laws reference the 1990 NFPA standards "with regard to fire safety regarding any unforeseen condition" outside of the fire code. The board recommends using the updated NFPA standards.

Pay the fire board. The law already states that the 11 members of the fire board are supposed to be paid $50 per meeting, with the chairman making an additional $25. The pay was suspended in 1991 during a budget crisis, and has been suspended each year since.

Provide for a $5,000 civil fine for failing to inspect exits. The owner or manager of a place of assembly is already required under law to inspect every exit from a venue within 90 minutes of a meeting or performance.

Places of assembly should have a uniformed firefighter on duty unless the local fire authority deems it unnecessary. Under the current law, it's the other way around: places of assembly must have a firefighter at events when the local chief deems it necessary. The board also recommends instituting a $5,000 fine for violating this regulation.

Require two additional fire extinguishers "on or near all stages that are used for live performances." This goes beyond current code that requires "adequate" fire extinguishers that are "suitably located."

Owners of every place of assembly should provide local fire authorities with annual fire-rating certification for all acoustical material and decorations in a venue.

Venue owners should provide fire authorities 72 hours of notice before all concerts and musical events.

Places of assembly with "concentrated" crowds and entertainment should be reclassified as "special amusement buildings," which would require additional safety features, such as floor-level exit signs that may be easier to see when a building is filling with smoke.

Require that all Class A and B places of assembly (places with capacities above 300 people) be retrofitted with municipally connected fire alarms that automatically notify the local department in the event of a fire. The board also recommends such municipally connected fire alarms in smaller places of assembly -- Class C -- in buildings that also contain residential housing. All remaining Class C places of assembly should be equipped with local fire alarms. The board recommends that up to three years be given for alarm systems to be phased in.

All Class A and B places of assembly should be retrofitted with sprinklers. Also, the board recommends sprinklers in the smaller Class C places of assembly, except churches and places of "less concentrated use" with capacities of 150 or fewer. The board recommends up to a five-year period to phase in sprinklers. These recommendations closely parallel sprinkler legislation pending in the Rhode Island House.

Make the unlawful use of pyrotechnics a felony.

In numerous instances related to the use and storage of explosives and combustible liquids, the board recommends adopting the current NFPA standards.

MARK ARSENAULT