Rhode Island Code of Regulations › Title 450 - Fire Safety Code Board of Appeal and Review › Chapter 00 - N/A › Subchapter 00 - N/A › Part 8 - RI Life Safety Code › Section 450-RICR-00-00-8.1 - Introduction

Current through June 14, 2024
Pursuant to R.I. Gen. Laws §
										23-28.3-3, the Life Safety Code of the National Fire Protection Association, Inc., (NFPA 101), 2018 edition, with annexes, except those portions specifically reserved, deleted, altered, added to, or otherwise amended as outlined in Part 8 herein, and including all of the specific amendments to NFPA 101, as outlined in Part 8 herein, is hereby adopted by reference as the Rhode Island Life Safety Code. Copies of NFPA 101, 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. Copies of NFPA 101, 2015 edition, have also been made available to state-operated libraries in Rhode Island.
Electronic copies of the reservations, deletions, alterations, additions and other amendments to this code, also known as the Rhode Island Fire Code Section 8, 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 Life Safety Code. The Fire Safety Code Board of Appeal and Review is the sole authority having jurisdiction for administration of the Rhode Island Life Safety 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 Life Safety 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 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.
For the purposes of uniform administration, and with the exception of "AHJ modifications" as outlined above, all other exceptions listed in the Rhode Island Life Safety 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 §1.7.1(A) of this Subchapter
et seq
. The only official formal and binding interpretations of the provisions of the Rhode Island Life Safety 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 §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 Life Safety 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 Life Safety Code addressing the existing occupancy.
Any existing 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 Life Safety Code addressing the current or proposed occupancy.
All existing required 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, have the devices removed, or marked, to the satisfaction of the AHJ, so as to notify the public as the absence of these systems. Prior to the removal or marking of any non-required system, the system's owner must first comply with the procedures outlined in §4.6.12.2 .1 of this Code. 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 101, 2018 edition, as amended and referenced below, and incorporated herein as the "Rhode Island Life Safety Code", shall be preceded by the acronym "RILSC". All of the remaining provisions of NFPA 101, 2018 edition, adopted as the "Rhode Island Life Safety Code", but not specifically addressed below, shall likewise be identified by the acronym "RILSC" preceding it. (Accordingly, "Chapter 1" below would be identified as "RILSC 1". Likewise, "§1.1.2 " below would be identified as "as RILSC 1.1.2 ".)
8.1.1
CHAPTER 1 - ADMINISTRATION
1.1 Scope
(Amd) 1.1.1 Title.
The Title of this Code shall be known as the "Rhode Island Life Safety Code," is cited as such, and shall be referred to herein as "this Code" or "the Code."
(Add) 1.1.1.2 Relationship to other fire codes.
The "Rhode Island Life Safety Code" (NFPA 101, 2018 Edition, as amended) and the "Rhode Island Fire Code" (NFPA 1, 2018 Edition, as amended) comprise the "Rhode Island Fire Safety Code" pursuant to R.I. Gen. Laws §
												23-28.1-2.
The "Rhode Island Life Safety Code" is the major component of the "Rhode Island Fire Safety Code" which includes all other statutory mandates found in R.I. Gen. Laws Chapter 23-28 along with any additional Rules and Regulations adopted, by the Fire Safety Code Board of Appeal and Review, pursuant to R.I. Gen. Laws §§
												23-28.3-3 and  23-28.1-2.
1.3 Application
(Amd) 1.3.1 New and Existing Buildings and Structures.
The Code shall apply to both new construction and existing buildings and structures. 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 Rhode Island Fire Safety Code addressing the new occupancy. 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 Safety Code addressing the existing occupancy. Any existing 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 Safety Code addressing the current or proposed occupancy. All active fire protection systems, such as sprinklers, fire alarms, emergency lighting and exit signs, installed in existing buildings shall be properly maintained.
(Amd) 1.4 Equivalency.
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 over those prescribed by this code provided that any proposed equivalent systems, methods and devices are first approved by the Fire Safety Code Board of Appeal and Review.
(Amd) 1.4.2 Approval.
The system, method, or device shall be approved for the intended purpose by the Fire Safety Code Board of Appeal and Review.
(Amd) 1.4.3 Equivalent Compliance.
Alternative systems, methods, or devices approved as equivalent by the Fire Safety Code Board of Appeal and Review shall be recognized as being in compliance with this code.
(Amd) 1.6 Enforcement and Administration.
(Add) 1.6.1 Enforcement.
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.
(Add) 1.6.1.1 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 in writing and submitted to the State Fire Marshal's Office for approval and recording. Once approved and 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.
(Add) 1.6.2 Administration.
The Fire Safety Code Board of Appeal and Review is the sole authority having jurisdiction for 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. For purposes of uniform administration, all 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 §1.7.1 of this Subchapter,
et seq
.
(Add) 1.6.2.1
Procedures, adopted by the Fire Safety Code Board of Appeal and Review, addressing administrative appeals, are outlined in §§1.7.1(A) through (L) of this Subchapter.
(Add) 1.6.2.2
Procedures, adopted by the Fire Safety Code Board of Appeal and Review, addressing administrative hearings and court appeals, are outlined in §§1.7.2(A) through (BB) of this Subchapter.
(Add) 1.6.2.3
Procedures, adopted by the Fire Safety Code Board of Appeal and Review, addressing the Board's rule making authority, are outlined in §§1.7.3(A) through (E) of this Subchapter.
(Add) 1.6.2.4
Procedures, adopted by the Fire Safety Code Board of Appeal and Review, addressing code interpretation by the board, are outlined in §§1.7.4(A) through (G) of this Subchapter.
(Add) 1.6.3
Police and other enforcement agencies shall have authority to render necessary assistance in the enforcement of this Code when expressly requested to do so by the State Fire Marshal.
(Add) 1.6.4
The State Fire Marshal may delegate to 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.
(Add) 1.6.5
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 this 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.
(Add) 1.6.6 . 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 either approved in writing by 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
When a conflict between the language of the original 2018 Edition of NFPA 101-Life Safety Code and any specific Rhode Island amendment occurs, the conflict shall initially be resolved by the Office of the State Fire Marshal.