reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.01 - Comprehensive Fire Safety Act › Section 23-28.01-2. - Legislative findings.

§ 23-28.01-2. Legislative findings.
The general assembly finds and declares that:
(1)
Fires are a significant and preventable cause of the loss of life in the state;
(2)
Catastrophic fires, while rare, have happened in the state with tragic loss of life;
(3)
Fire safety and building codes can provide standards that substantially reduce the risk of death, injury, and property damage caused by fires;
(4)
Compliance with codes is critical to their being an effective means for achieving the reduction of both risks and losses;
(5)
Codes are more effective when they are comprehensive in their application, up-to-date, and integrated;
(6)
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
(7)
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.
History of Section.
P.L. 2003, ch. 106, § 2; P.L. 2003, ch. 107, § 2; P.L. 2012, ch. 415, § 20.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.01 - Comprehensive Fire Safety Act › Section 23-28.01-3. - Legislative purpose and intent.

§ 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.
History of Section.
P.L. 2003, ch. 106, § 2; P.L. 2003, ch. 107, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.01 - Comprehensive Fire Safety Act › Section 23-28.01-4. - Powers and duties.

§ 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 28.2 of this title as amended, who shall have, except as specifically provided otherwise in this title, all of the powers of the authority having jurisdiction as are set forth in the Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) of the National Fire Protection Association, Inc., with annexes, as those are updated, amended, altered, or deleted, and by the addition of certain provisions of the fire safety code board of appeal and review, and who may delegate authority as provided by law, and in the fire safety code board of appeal and review, as provided for in chapter 28.3 of this title, which shall provide by rules and regulations for the efficient and reasonable implementation of the provisions of the fire safety code.
History of Section.
P.L. 2003, ch. 106, § 2; P.L. 2003, ch. 107, § 2; P.L. 2005, ch. 151, § 2; P.L. 2005, ch. 155, § 2; P.L. 2012, ch. 294, § 1; P.L. 2012, ch. 337, § 1; P.L. 2016, ch. 468, § 1; P.L. 2016, ch. 472, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.01 - Comprehensive Fire Safety Act › Section 23-28.01-5. - Planning and reporting.

§ 23-28.01-5. Planning and reporting.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
History of Section.
P.L. 2003, ch. 106, § 2; P.L. 2003, ch. 107, § 2; P.L. 2004, ch. 220, § 1; P.L. 2004, ch. 225, § 1; P.L. 2012, ch. 415, § 20.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.01 - Comprehensive Fire Safety Act › Section 23-28.01-6. - Coordinated administration of Fire Safety and Building Codes.

§ 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 buildings and structures, established by chapter 29.1 of this title, 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, 2006. The Fire Safety Code Board of Appeal and Review and the State Building Code Standards Committee, shall hold a joint hearing or hearings, consistent with the provisions of chapter 35 of title 42 for the purposes of consideration and adoption of such rules, regulations, and agreements as may be necessary to implement the purposes of this paragraph.
(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 superseded or made obsolete by the adoption of changes to the Fire Safety Code.
History of Section.
P.L. 2003, ch. 106, § 2; P.L. 2003, ch. 107, § 2; P.L. 2005, ch. 151, § 2; P.L. 2005, ch. 155, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.1 - Fire Safety Code — General Provisions › Section 23-28.1-1. - Short title.

§ 23-28.1-1. Short title.
Chapters 28.1 — 28.39 of this title, and all codes referenced therein and adopted thereunder, shall be known and may be cited as the “Fire Safety Code”.
History of Section.
P.L. 1966, ch. 216, § 1; P.L. 1985, ch. 332, § 2; P.L. 1989, ch. 542, § 57; P.L. 2003, ch. 106, § 3; P.L. 2003, ch. 107, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.1 - Fire Safety Code — General Provisions › Section 23-28.1-3. - Codification.

§ 23-28.1-3. Codification.
General subjects are regulated under chapters and to further facilitate reference each section of each chapter is titled and in numerical order.
History of Section.
P.L. 1966, ch. 216, § 1; P.L. 2004, ch. 220, § 1; P.L. 2004, ch. 225, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.1 - Fire Safety Code — General Provisions › Section 23-28.1-4. - Interpretations.

§ 23-28.1-4. Interpretations.
In this code:
(1)
The titles and headings of chapters shall be deemed to be a part of those chapters; provided, however, that the titles and heading of sections shall not be considered a part thereof.
(2)
Where in this code such terms as “proper”, “adequate”, “sufficient”, “ample”, “suitable”, “substantial”, “necessary”, “dangerous”, and the like or derivatives thereof are used, they shall be understood to mean proper, adequate, etc., to the satisfaction or in the opinion of the authority having enforcement jurisdiction; and such terms as “where practicable”, “where required”, “as far as possible”, shall have a like significance.
History of Section.
P.L. 1966, ch. 216, § 1; P.L. 1968, ch. 2, § 2; P.L. 1975, ch. 165, § 1; P.L. 2004, ch. 220, § 1; P.L. 2004, ch. 225, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.1 - Fire Safety Code — General Provisions › Section 23-28.1-7.1. - Compliance extension for public school buildings.

§ 23-28.1-7.1. Compliance extension for public school buildings.
Notwithstanding any statute, rule, or regulation to the contrary, any provision of the code applicable to any public school building which requires compliance by a date certain shall be extended to a date no earlier than January 1, 2011.
History of Section.
P.L. 2009, ch. 337, § 1; P.L. 2009, ch. 338, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.1 - Fire Safety Code — General Provisions › Section 23-28.1-8, 23-28.1-9. - Repealed.

§ 23-28.1-8, 23-28.1-9. Repealed.
History of Section.
P.L. 1985, ch. 493, § 1; P.L. 1987, ch. 153, § 1; P.L. 1987, ch. 180, § 1; P.L. 1997, ch. 326, § 68; P.L. 1996, ch. 407, § 1; Repealed by P.L. 2004, ch. 220, § 2, and by P.L. 2004, ch. 225, § 2, effective June 30, 2004.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.1 - Fire Safety Code — General Provisions › Section 23-28.1-10. - Issuance and validity of certificates.

§ 23-28.1-10. Issuance and validity of certificates.
Notwithstanding any law, regulation or practice to the contrary, smoke detector and carbon monoxide detector certificates issued by any state or local authority shall be valid for such period as the issuing authority may specify, but in no event for less than a period of one hundred twenty (120) days from the date of issuance.
History of Section.
P.L. 2009, ch. 334, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-1. - Establishment of office of the state fire marshal.

§ 23-28.2-1. Establishment of office of the state fire marshal.
There shall be an office of the state fire marshal within the department of business regulation’s division of building, design and fire professionals, the head of which office shall be the state fire marshal. The state fire marshal shall be appointed by the governor with the advice and consent of the senate and shall serve for a period of five (5) years. During the term the state fire marshal may be removed from office by the governor for just cause. All authority, powers, duties and responsibilities previously vested in the division of fire safety are hereby transferred to the office of the state fire marshal.
History of Section.
P.L. 1966, ch. 216, § 1; P.L. 1973, ch. 176, § 2; P.L. 1975, ch. 165, § 3; P.L. 1978, ch. 281, § 1; P.L. 1998, ch. 75, § 1; P.L. 2008, ch. 100, art. 9, § 5; P.L. 2018, ch. 47, art. 3, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-2. - Qualifications of state fire marshal.

§ 23-28.2-2. Qualifications of state fire marshal.
Minimum qualifications are five (5) years experience in fire prevention, fire investigation, or fire protection, or a degree in fire protection engineering from a credited college plus three (3) years experience in fire prevention, fire investigation, or fire protection.
History of Section.
P.L. 1975, ch. 165, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-3. - Removal of state fire marshal.

§ 23-28.2-3. Removal of state fire marshal.
The state fire marshal may be removed by the governor only for cause, and after filing of charges, and a notification thereof to the state fire marshal, a hearing thereon before the state personnel appeal board, and the filing of findings by the board.
History of Section.
P.L. 1975, ch. 165, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-4. - Duties and responsibilities of state fire marshal.

§ 23-28.2-4. Duties and responsibilities of state fire marshal.
The state fire marshal, as the authority having jurisdiction, shall have the authority to enforce and perform the duties required by the Comprehensive Fire Safety Act, chapter 28.01 of this title, by the Fire Safety Code, chapters 28.1 — 28.39 of this title, and all codes referenced therein are adopted thereunder, and all other provisions of the general laws and public laws insofar as such powers and duties relate to fires, fire prevention, fire protection, fire inspection, and fire investigation. It shall also be the duty of the state fire marshal to enforce all laws of this state in regard to:
(1)
The keeping, storage, use, manufacture, sale, handling, transportation, or other disposition of explosives and inflammable materials.
(2)
Conducting and supervising fire safety inspections of all buildings regulated by the code within the state.
(3)
It shall be the duty of the state fire marshal and his or her deputies to certify to any state or federal agency whether or not any building covered satisfies the requirements of chapters 28.1 — 28.39 of this title and all codes referenced therein and adopted thereunder.
(4)
It shall the duty of the fire marshal to plan for and oversee the comprehensive, professional, and consistent enforcement of the fire safety code.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-3; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-2; P.L. 1975, ch. 165, § 5; P.L. 1976, ch. 271, § 1C; P.L. 1978, ch. 281, § 1; P.L. 2003, ch. 106, § 4; P.L. 2003, ch. 107, § 4; P.L. 2004, ch. 220, § 3; P.L. 2004, ch. 225, § 3; P.L. 2005, ch. 151, § 4; P.L. 2005, ch. 155, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-5. - Bomb disposal unit.

§ 23-28.2-5. Bomb disposal unit.
(a)
Within the office of the state fire marshal, there shall be a bomb disposal unit (bomb squad), accredited by the Federal Bureau of Investigation (FBI) as a bomb squad, whose duties it will be to handle and dispose of all hazardous devices suspect to be explosive or incendiary in construction which includes any weapons of mass destruction (WMD) that may be explosive or chemical in construction.
(b)
The State Fire Marshal shall appoint a bomb technician to supervise the operations of this unit and the technician must be certified by the FBI as a bomb technician. The bomb technician must ensure that all bomb technicians are trained and maintain certification, the bomb squad maintains accreditation, and ensures that all equipment belonging to the bomb squad is maintained and in operating condition at all times. The bomb technician must also provide to cities and towns and local businesses or any other organizations procedures in bomb threats, and procedures where explosive devices or suspect devices are located.
(c)
The State Fire Marshal shall appoint from the local communities volunteer assistant deputy state fire marshals, as bomb squad members only, to assist in carrying on the responsibilities of this unit. The volunteers, who must be available for immediate response when called upon, and be available to participate in training sessions, shall be approved by their local fire or police chief, and must have their chief sign an agreement (memorandum of understanding) that provides for their release during emergencies and training and assumes liability for any injuries that may occur to them. All bomb squad members shall operate only under the direction of the State Bomb Squad Commander or senior ranking Deputy State Fire Marshal who is certified as a bomb technician. The bomb squad may also request assistance from the local fire and police authorities when handling any explosive or incendiary device, WMD or post-incident investigations.
History of Section.
P.L. 1975, ch. 165, § 6; P.L. 2004, ch. 220, § 3; P.L. 2004, ch. 225, § 3; P.L. 2018, ch. 47, art. 3, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-6. - Additional powers and duties of fire marshal.

§ 23-28.2-6. Additional powers and duties of fire marshal.
In carrying out the purposes of this chapter, the state fire marshal is authorized and directed:
(1)
To procure in his or her discretion as many deputy state fire marshals and assistant deputy state fire marshals as needed, and the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when the services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties;
(2)
To enter into agreements for the utilization of the facilities and services of the division of occupational safety, or its successors, to the extent that he or she considers it desirable to effectuate the purposes of this chapter, and to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;
(3)
To accept on behalf of the state and to deposit with the general treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this code, and to expend the same for such purposes;
(4)
To supervise or conduct any fire safety inspections required by any other state or federal agencies;
(5)
To formulate, coordinate, implement, or cause implementation of, appropriate education and training programs relating to fire fighting training, fire prevention, fire protection, fire inspection, and fire investigation.
(6)
To support, in coordination with the state building commissioner and the office of regulatory reform, the purchase or lease and operation of a web-accessible service and/or system to be utilized by the state and municipalities for a uniform, statewide electronic plan review, permit management and inspection system and other programs described in this chapter.
(7)
To coordinate with the state building commissioner on the submission of a report to the governor and general assembly on or before April 1, 2013 and each April 1st thereafter, providing the status of the web-accessible service and/or system implementation and any recommendations for process or system improvement.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-5; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-3; P.L. 1975, ch. 165, § 7; 1981, ch. 269, § 1; P.L. 2012, ch. 241, art. 4, § 20.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-7. - Office of state fire marshal.

§ 23-28.2-7. Office of state fire marshal.
The state fire marshal shall be provided adequate offices through the department of business regulation.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-6; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-4; P.L. 1975, ch. 165, § 7; P.L. 2018, ch. 47, art. 3, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-8. - Clerical assistance and office supplies.

§ 23-28.2-8. Clerical assistance and office supplies.
The state fire marshal may incur such expenses for deputy state fire marshals, clerical assistance, and office supplies as may be necessary.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-7; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-5; P.L. 1975, ch. 165, § 7.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-9. - Nonsalaried assistant deputy state fire marshals.

§ 23-28.2-9. Nonsalaried assistant deputy state fire marshals.
(a)
The fire marshal may appoint as many nonsalaried assistant deputy state fire marshals as he or she may deem necessary to carry out the purposes of chapters 28.1 — 28.39 of this title; the assistant deputy fire marshals shall serve at the pleasure of the state fire marshal. Provided, further, that no person shall be appointed as an assistant deputy state fire marshal unless such person, at the time of the appointment, is a current employee of the state fire marshal’s office, and/or is an active member of a fire district, and/or is an active or retired member of a fire department, and/or is an active or retired member of a police department currently serving or having served within this state.
(b)
The chief of the fire department of the several cities, towns, and fire districts may be an assistant deputy fire marshal subject to the approval of the state fire marshal, and may continue to serve as an assistant deputy fire marshal as long as he or she is fire chief.
(c)
Standardized fire code interpretation through certification of assistant deputy state fire marshals. No individual may serve as an assistant deputy fire marshal without first satisfying minimum qualifications as determined through regulation by the state fire marshal. Such qualifications shall include meeting the NFPA standard for professional qualifications for fire inspector, or such other comparable national standard as determined by the state fire marshal.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-8; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-6; P.L. 1975, ch. 165, § 7; P.L. 1976, ch. 271, § 1C; P.L. 1978, ch. 281, § 1; P.L. 2004, ch. 220, § 3; P.L. 2004, ch. 225, § 3; P.L. 2010, ch. 80, § 2; P.L. 2010, ch. 83, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-10. - Reports of fires.

§ 23-28.2-10. Reports of fires.
(a)
Every fire occurring in this state shall be reported in writing to the state fire marshal’s office within the first ten (10) days of the month following the month in which the fire occurred by the nonsalaried assistant deputy state fire marshals as may be designated for that purpose. The report shall be in the form prescribed by the state fire marshal and shall contain a statement of all facts relating to the cause and origin of the fire that can be ascertained, the extent of damage caused thereby, and the amount of insurance upon the property, and such other information as the state fire marshal may require.
(b)
Every insurance company, adjusting a fire loss wherein the damage exceeds one thousand dollars ($1,000) or where the cause is determined to be or suspected of being incendiary, shall forward immediately to the fire department, providing protection for the area in which the fire occurred, a report of the fire on a form prescribed by the state fire marshal.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-9; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-7; P.L. 1975, ch. 165, § 7; P.L. 1978, ch. 281, § 1; 1981, ch. 213, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-11. - Investigation of fires and attempted fires.

§ 23-28.2-11. Investigation of fires and attempted fires.
(a)
The state fire marshal, and/or any of the deputy state fire marshals or assistant state fire marshals, may investigate any fire, or apparently attempted fire, and shall investigate the cause, origin, and circumstances of every fire of suspicious origin, by which property has been damaged or destroyed, or apparently attempted fire, and any fire where a fatality occurs as the result of the fire and, so far as it is possible, determine the cause of the fire. The investigation shall begin immediately after the occurrence of the fire, and local government officials shall cooperate completely and assist the state fire marshal’s office in all phases of the investigation.
(b)
It shall be the responsibility of the local authority having jurisdiction to notify the state fire marshal’s office of any fire of suspicious or incendiary origin or where death may have resulted from the fire. The fire marshal shall adopt notification procedures.
(c)
The state fire marshal, and/or any of the deputy state fire marshals or assistant state fire marshals, and/or municipal officials, including, without limitation, police, fire, and building officials, shall prohibit any and all insurance adjusters, contractors, and restoration companies from entering onto the property where the fire occurred to engage in any solicitation or inspection of the fire loss without the consent of the owner or occupant of the property and not until such time as either the municipal fire department and/or the state fire marshal, deputy state fire marshal, or assistant state fire marshal releases control of the premises back to its legal owner(s) or occupant(s).
(d)
Any insurance adjuster, contractor, or restoration company in violation of the provisions of subsection (c) shall be subject to a civil penalty of one thousand dollars ($1,000) for each violation and may be subject to revocation of the appropriate professional license or registration.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-10; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-8; P.L. 1975, ch. 165, § 7; P.L. 1982, ch. 87, § 1; P.L. 2016, ch. 379, § 1; P.L. 2016, ch. 393, § 1; P.L. 2017, ch. 35, § 1; P.L. 2017, ch. 40, § 1; P.L. 2022, ch. 364, § 1, effective June 29, 2022; P.L. 2022, ch. 365, § 1, effective June 29, 2022.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-12. - Witnesses in investigations.

§ 23-28.2-12. Witnesses in investigations.
For the purpose of the investigation, the state fire marshal and/or the deputy state fire marshals may issue warrants for and compel the attendance of witnesses before them as if the witnesses had been summoned on the part of the state to attend court in criminal cases. The testimony of all witnesses examined in the investigation shall be given under oath and reduced to writing by the fire marshal, or by some other person by direction of the fire marshal, and shall be subscribed by the witnesses. Every person examined in the investigation, who shall willfully swear or affirm falsely in regard to any matter or thing respecting which oath or affirmation is required, shall be guilty of perjury. Upon the presentation of satisfactory proof of due service of the summons upon the witness, and of a failure by the witness to obey the summons, to any justice of a district court or officer authorized to issue warrants under the laws of the state, the justice or officer shall issue a warrant to bring the witness before the fire marshal to testify what the witness may know in relation to the subject matter of inquiry. The warrant may be executed by any officer authorized by law to serve a warrant by arresting and bringing the witness before the state fire marshal or the deputy state fire marshal.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-11; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-9; P.L. 1975, ch. 165, § 7.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-13. - Reports of investigations.

§ 23-28.2-13. Reports of investigations.
If upon investigation, the fire marshal believes that the evidence is sufficient to charge any person with the commission of any offense, the fire marshal shall report that belief to the attorney general. The fire marshal shall make a report of the investigation and belief in writing and the report shall be filed in the office of the state fire marshal within ten (10) days after the making thereof.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-12; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-10; P.L. 1975, ch. 165, § 8; P.L. 1997, ch. 326, § 67.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-15. - Assistance by attorney general — Prosecution of violations.

§ 23-28.2-15. Assistance by attorney general — Prosecution of violations.
The attorney general, upon request of the state fire marshal, shall assist upon any investigation of any fire which, in the opinion of the state fire marshal, is of suspicious origin, and shall institute and conduct all prosecutions of persons charged with arson, burning to defraud, crimes incident to incendiary fires, and violations of the provision of the Fire Safety Code, chapters 28.1 through 28.39 of this title and all codes referenced therein and adopted thereunder.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-14; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-12; P.L. 1975, ch. 165, § 10; P.L. 2004, ch. 220, § 3; P.L. 2004, ch. 225, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-16. - Fire records kept by the state fire marshal.

§ 23-28.2-16. Fire records kept by the state fire marshal.
The state fire marshal shall keep in his or her office a record of all fires investigated by his or her office and of all the facts concerning the investigated fires, and all reports of the investigations as the fire marshal may cause to be made, including statistics as to the extent of the fires and damage caused thereby, and whether the losses were covered by insurance, and, if so, in what amount. The record shall be made from the reports made to the fire marshal by his or her deputies under the provisions of this chapter.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.2-15; P.L. 1973, ch. 176, § 2; G.L. 1956, § 23-28.2-13; P.L. 1975, ch. 165, § 10; P.L. 1978, ch. 281, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-17. - Relief from responsibility.

§ 23-28.2-17. Relief from responsibility.
The state fire marshal, his or her deputies, and assistants, charged with the enforcement of the Fire Safety Code and the director of the fire academy and his or her instructors charged with fire education and training as governed by, chapters 28.1 through 28.39 of this title, shall not render themselves liable personally, and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their official duties. Any suit instituted against any officer or employee because of an act performed by him or her in the lawful discharge of his or her duties, and under the provisions of the Fire Safety Code and the fire education and training unit, shall be defended by the legal representative of the state until the final termination of the proceedings. In no case shall the fire marshal, his or her deputies, or assistants, the fire academy director or his or her instructors be liable for costs in any action, suit, or proceedings that may be instituted in pursuance of the provisions of the Fire Safety Code or the fire education and training unit, and any fire marshal or fire academy instructor, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of his or her official duties in connection therewith. The protection afforded herein to the Rhode Island fire academy instructors shall apply only to those instructors who are active or retired members of a paid or volunteer Rhode Island fire department.
History of Section.
P.L. 1975, ch. 165, § 12; P.L. 2013, ch. 292, § 1; P.L. 2013, ch. 373, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-18. - Administrative procedures.

§ 23-28.2-18. Administrative procedures.
The state fire marshal shall have the authority to formulate administrative procedures necessary to uniformly administer and enforce this code; provided, that the procedures do not conflict with the rules and regulations promulgated by the fire safety code board.
History of Section.
P.L. 1975, ch. 165, § 12.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-19. - Municipal cooperation.

§ 23-28.2-19. Municipal cooperation.
The assistance and cooperation of police, fire, building inspectors, and all other municipal officials shall be available to the authority having jurisdiction in the performance of its duties.
History of Section.
P.L. 1975, ch. 165, § 12; P.L. 1978, ch. 281, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-21. - National Fire Code.

§ 23-28.2-21. National Fire Code.
Except wherever herein specifically defined or covered in this code, the provisions of the NFPA Standards included in the National Fire Code, as referenced by the edition of the Life Safety Code in effect at the time, shall be used by the authority having jurisdiction as the accepted standard with regard to fire safety regarding any unforeseen condition.
History of Section.
P.L. 1976, ch. 271, § 1D; P.L. 1991, ch. 67, § 1; P.L. 2003, ch. 106, § 4; P.L. 2003, ch. 107, § 4; P.L. 2016, ch. 468, § 3; P.L. 2016, ch. 472, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-22. - Fire education and training unit.

§ 23-28.2-22. Fire education and training unit.
(a)
There shall be a fire education and training unit within the office of the state fire marshal headed by a director of fire training. The director of fire training shall be appointed by the fire marshal from a list of names submitted by the fire education and training coordinating board based on recommendations of a screening committee of that board. Other staff and resources, such as part-time instructors, shall be requested consistent with the state budget process.
(b)
This unit shall be responsible for implementing fire education and training programs developed by the fire education and training coordinating board.
History of Section.
P.L. 1985, ch. 457, § 1; P.L. 2018, ch. 47, art. 3, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-24. - Burn injury reporting law.

§ 23-28.2-24. Burn injury reporting law.
(a)
Every case of a burn injury or wound, where the victim sustained second or third degree burns to five percent (5%) or more of the body and/or any burns to the upper-respiratory tract or laryngeal edema due to the inhalation of super-heated air, and every case of a burn injury or wound which is likely to or may result in death, shall be reported at once to the office of the state fire marshal. The state fire marshal shall accept the report and notify the proper investigatory agency. A written report shall also be provided to the office of the state fire marshal within ten (10) days after a request from that office. The report shall be made by (1) the physician attending or treating the case; or (2) the manager, superintendent or other person in charge, whenever the case is treated in a hospital, sanitarium, institution, or other medical facility.
(b)
Whoever violates any provision of this section shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
History of Section.
P.L. 1990, ch. 137, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-25. - Repealed.

§ 23-28.2-25. Repealed.
History of Section.
P.L. 1993, ch. 138, art. 46, § 1; Repealed by P.L. 1995, ch. 370, art. 40, § 168, effective July 1, 1995.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-26. - Plan review fees.

§ 23-28.2-26. Plan review fees.
(a)
Every request for plan review, by the state fire marshal’s office, under the provisions of the Fire Safety Code shall be accompanied by the fee prescribed in this section. Plan review fees shall be as follows:
NEW BUILDING, ADDITIONS, ALTERATION, STRUCTURES, ETC.
General permit fees based on cost of construction
$500 or less ......................................... $25.00
Over $500 but not over $1,000 ......................................... $35.00
Over $1,000 but not over $2,000 ......................................... $45.00
Over $2,000 but not over $500,000 ......................................... $45.00+
(plus $6.00 per $1,000 or fraction thereof over $2,000)
Over $500,000 ......................................... $3,033.00+
(plus $4.00 per $1,000 or fraction thereof over $500,000)
(b)
All fees collected pursuant to this section shall be deposited as general revenue.
History of Section.
P.L. 1993, ch. 138, art. 48, § 1; P.L. 1995, ch. 370, art 40, § 75.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-27. - Inspection fees.

§ 23-28.2-27. Inspection fees.
(a)
The state fire marshal’s office shall assess an inspection fee of one-hundred dollars ($100.00) per inspection for any inspection performed by that office pursuant to chapter 28.1 of Title 23, or any other provisions of the state fire code, including any rule or regulation promulgated by either the fire safety code board of appeal and review or the state fire marshal. The inspection fee shall be assessed for each required inspection. Initial inspections and any required subsequent re-inspection shall constitute separate visits for which separate inspection fees will be payable.
(b)
In the case of an inspection involving residential use, the fee shall be paid by the property owner.
(c)
In the case of any inspection involving any assembly, industrial, mercantile, business educational, health care, ambulatory health care, day care or municipal government use, the fee shall be paid by one of the following parties:
(1)
The occupant/tenant of the property if the occupant/tenant holds any license issued by the State of Rhode Island that requires fire code compliance; or
(2)
The lessee of the property if the lessee is the sole tenant; or
(3)
If neither (1) nor (2) apply, the owner of the property will be responsible for payment of the inspection fee.
(d)
The fee shall be waived for a specific inspection in the event that no violation of any provision of the state fire code including any rule or regulation is found.
(e)
No inspection fee shall be assessed against any municipality or municipal agency or the State of Rhode Island, or any department, board, or commission thereof. No inspection fee shall be assessed for any inspection conducted for the purpose of updating the compliance status of a building in preparation for a hearing before the fire safety code board of appeal and review or before any court.
(f)
All fees collected pursuant to this section shall be deposited as general revenue.
History of Section.
P.L. 2007, ch. 73, art. 33, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-28. - Rhode Island state firefighter’s league grant account.

§ 23-28.2-28. Rhode Island state firefighter’s league grant account.
(a)
There is hereby created within the department of business regulation a restricted receipt account to be known as the Rhode Island state firefighter’s league grant account. Donations received from the Rhode Island state firefighter’s league shall be deposited into this account, and shall be used solely to fund education and training programs for firefighters in the state.
(b)
All amounts deposited in the Rhode Island state firefighter’s league grant account shall be exempt from the indirect cost recovery provisions of § 35-4-27.
History of Section.
P.L. 2010, ch. 23, art. 8, § 4; P.L. 2018, ch. 47, art. 3, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.2 - Office of State Fire Marshal › Section 23-28.2-29. - Fire academy training fees restricted receipt account.

§ 23-28.2-29. Fire academy training fees restricted receipt account.
There is hereby created with the department of business regulation a restricted receipt account to be known as the fire academy training fees account. All receipts collected pursuant to § 23-28.2-23 shall be deposited in this account and shall be used to fund costs associated with the fire training academy. All amounts deposited into the fire academy training restricted receipt account shall be exempt from the indirect cost recovery provisions of § 35-4-27.
History of Section.
P.L. 2010, ch. 23, art. 8, § 9; P.L. 2018, ch. 47, art. 3, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.3 - Fire Safety Code Board of Appeal and Review › Section 23-28.3-1. - Definitions.

§ 23-28.3-1. Definitions.
When used in this chapter:
(1)
“Amendment” means any modification or change in the code that shall be formulated, adopted, and issued by the board;
(2)
“Blanket variance” means generalized relief from any provision of the fire safety code, including, but not limited to, time deadlines, when, in the opinion of the fire safety code board, these provisions have been rendered obsolete and/or impose an unanticipated, unreasonable hardship upon the general public, and the board finds that the decision to grant a blanket variance will not conflict with the general objectives of the code. All blanket variances shall only be effective until the next code adoption process by the board;
(3)
“Board” means the fire safety code board created by this chapter;
(4)
“Building” includes new and existing buildings and facilities, except private dwellings occupied by one, two (2), or three (3) families, in the various cities and towns in this state;
(5)
“Code” means the minimum standard body of rules for fire safety known as the Fire Safety Code, chapters 28.1 — 28.39 of this title, or the rehabilitation building and fire code for existing buildings and structures, chapter 29.1 of this title;
(6)
“Variation or variance” means a special limited modification or change in the code, including, but not limited to, time deadlines, which is applicable only to a particular type of building, structure, facility, regulated process or hazardous activity upon the petition of the person owning the building, structure, or facility, or maintaining the regulated process or hazardous activity. All variances shall be, to the extent practicable, in keeping with recognized national standards.
History of Section.
P.L. 1966, ch. 216, § 1; P.L. 1975, ch. 165, § 14; P.L. 2000, ch. 185, § 4; P.L. 2000, ch. 290, § 4; P.L. 2003, ch. 106, § 6; P.L. 2003, ch. 107, § 6; P.L. 2005, ch. 151, § 5; P.L. 2005, ch. 155, § 5; P.L. 2012, ch. 415, § 22.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-28.3 - Fire Safety Code Board of Appeal and Review › Section 23-28.3-2. - Fire safety code board of appeal and review — Composition — Appointment, terms, and removal of members.

§ 23-28.3-2. Fire safety code board of appeal and review — Composition — Appointment, terms, and removal of members.
(a)
There is hereby created a fire safety code board of appeal and review, consisting of eleven (11) members who shall be appointed by the governor with the advice and consent of the senate. Of the members of the board of appeal and review, one shall be a representative of the permanent fire chief, one shall be a representative of the building inspectors, one shall represent industry, one shall represent labor, one shall be a licensed architect, one shall be a licensed professional engineer, one shall be a representative of the fire protection industry, one shall be a representative of the volunteer fire chiefs, and three (3) shall be representatives of the public; provided, however, that one shall be an officer, partner, or proprietor of a Rhode Island company that is a small business as defined by the United States Small Business Administration. The governor shall designate one member of the board to be chairperson for a two (2) year term. The members of the board shall be chosen and shall hold office for six (6) years, and until their respective successors are appointed and qualified. In the month of February in each year, the governor shall appoint successors to the members of the board whose terms shall expire in that year, to hold office until the first day of March in the sixth year after their appointments, and until their respective successors are appointed and qualified. Any vacancy which may occur in the board shall be filled by appointment for the remainder of the unexpired term in the same manner as the original appointment. The members of the board at their first annual meeting shall elect such other officers as they may deem necessary. A member of the board may be removed by the governor only for cause and after filing of charges, notification thereof to the member, a hearing thereon before the state personnel appeal board, and the filing of findings by the board.
(b)
The actions on appeals shall be determined by a majority vote by members present with at least five (5) members in accord on any decision.
(c)
The chairperson of the board may appoint such subordinates and clerical and other assistants as may be necessary for the proper performance of its duties, within the limit of available appropriations therefor, all of which appointments shall be in the unclassified service; provided, however, that the chairperson of the board, subject to the provisions of chapter 4 of title 36, shall be the appointing authority for the executive director, who shall be in the classified service.
History of Section.
P.L. 1966, ch. 216, § 1; G.L. 1956, § 23-28.3-4; P.L. 1975, ch. 165, § 16; P.L. 1977, ch. 109, § 1; P.L. 1980, ch. 363, § 1; P.L. 2008, ch. 215, § 1; P.L. 2008, ch. 322, § 1.