General Background:  

On February 3, 2009, representatives of the Providence Fire Marshals Office, the Rhode Island Council of Churches and the staff of the State Fire Board met at the Fire Board Headquarters to prepare for the Providence Fire Marshals  informational seminar covering the application of the State Fire Code to Places of Worship in the City of Providence. During the above meeting, it became apparent that additional formal clarification of the Place of Worship code provisions would provide both the fire service and the faith community with a better understanding of their respective responsibilities in the state-wide enforcement of this code. Accordingly, the Executive Director and the Chairman requested that the Fire Board formerly approve the procedures discussed both during the above meeting and the Boards prior meetings covering these issues.   

	This matter was initially reviewed with Chairman Coutu and was subsequently presented, for review by the Fire Board, as a subcommittee recommendation, during the Fire Boards February 3, 2009 meeting. At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Jasparro, Pearson, Walker, Filippi and Dias were present. A motion to approve the subcommittee recommendations, as outlined below, was made by Commissioner Walker and seconded Commissioner Richard. The motion was unanimous. 

     Prior to the final publication of this document, a draft was circulated to the members of the Board. At that time, it was suggested that the Boards prior determination in BV 08-01, covering Places of Worship, be reconciled with BV 09-02. Accordingly, the documents were reconciled and clarified to provide the State and/or local fire marshal the with the ability to grant reasonable field relief from the technical egress requirements of the code when the existing egress is adequate to support evacuation from all levels of the facility. The fire marshal is hereby relieved of the obligation to strictly follow the RILSC in determining the appropriateness, remoteness and other components of the existing egress systems of a place of worship. Of course, in any case where the fire marshal is not comfortable with either the existing dimensions or the remoteness of an existing place of worship egress system, the matter may still be referred to the Board for further review.    

Boards Determination: 	The Fire Board hereby adopts the following (Italicized and Bold Print) annotations, clarifications and / or modifications to the Place of Worship amendments to the code found in sections 13.1.8 and 13.1.8.1. The Board notes that the fire service, along with the owner / operator of a place of worship, may immediately rely upon the annotations, clarifications and /or modifications, outlined below, during the inspection of a place of worship, the correction of deficiencies within a place of worship, and the certification that a place of worship is in compliance with the state fire code.   
Places of Worship

(Add)  13.1.8
A Place of Worship is defined as a building or structure, or an area thereof, the occupancy of which is for the religious rites and services and communal functions of a congregation, and which shall include sanctuaries, gathering halls, meeting rooms and offices and related facilities of the congregation, which may be located in the same, in connected, or in proximate structures.
 
(The above definition of a place of worship is drawn directly from the General Laws of Rhode Island. The definition is met to be very flexible and to take into account the historical use and/or occupant load of the building or buildings that fall within this classification. The presumption is that the non-educational buildings, owned and/or operated by a faith community, would fall within the definition of a place of worship. The occasional use of a gathering hall or meeting room for limited student activities, boy or girl scout meetings, AA meetings, and/or similar events, would not disqualify the building as a place of worship. (RIGL 23-28.1-5(7) & 23-28.6-24)).

In areas where there are incidental uses such as non-licensed day care, nurseries or religious education, the provisions of the Rhode Island Fire Alarm Code, NFPA 72, as amended, also shall apply. 

(The distinction here is between state-licensed and non-licensed facilities. State-licensed educational facilities and/or daycare operations are covered by separate code provisions. Religious educational activities and/or limited, non-licensed, day care provided as a service to the members of the faith community, during services or other events, would be covered by the place of worship provisions. However, NFPA 72 may require additional smoke and CO detection in these limited areas.)   

Any one, two or three family residential building that comes under the classification of a Place of Worship that is utilized as a rectory, parsonage, convent or other residence used exclusively for religious personnel, shall only be required to be protected by approved hardwired smoke detectors.  In addition, approved carbon monoxide detectors shall be installed when these CO units would be otherwise required under the fire code provisions covering one, two and three family homes. 

(When an existing residential building is occupied exclusively by religious personnel, their immediate family, and/or their limited staff, it would only have to comply with the existing code provisions covering comparable one, two and/or three family homes. In most one and two family homes, this would simply mean the installation of either hardwired or battery powered smoke and CO detection. An existing three family home would now be required to maintain hardwired smoke and CO detection. However, larger residential occupancies, and those not occupied exclusively by religious personnel, their limited staff and/or immediate families, may qualify as rooming, boarding and/or apartment occupancies and  be subject to additional code requirements. The fire marshal shall reasonably enforce these provisions.)   

Any religious-related business office use of a portion of a one, two or three family residential building, or a place of worship, as outlined above, that is confined to a space of less than one thousand square feet of that building, shall not be required to maintain a fire alarm system provided that the above required smoke and/or CO detection system is operational and maintained.  Larger business office space, up to two thousand five hundred square feet, may be exempted from fire alarm coverage if it is properly separated from the remainder of the residential building, by approved acceptable separation, as outlined in 10-5-1 through 10-5-1.5 of Fire Safety Code Section 10 (Rhode Island Fire Alarm Code).

(The purpose of this section is to allow religious personnel to conduct limited religious related office business and / or counseling services, in the residential building occupied exclusively by religious personnel, their immediate family, and/or their limited staff, without requiring the installation of a fire alarm system.)     

(Add) 13.1.8.1
Approved existing Places of Worship.

Any place of worship, existing as of January 1, 2008, shall be deemed in compliance with the provisions of this Chapter 13, upon meeting the following fifteen requirements within the time frames provided in this code:

(Please re-read the above section. Existing places of worship are only required to be inspected under the fifteen point plan outlined below.  Once they timely comply with these fifteen (15) sections, they comply with the code.) No further code compliance is necessary. 

(1) The building maintains a fire alarm system that complies with the provisions of Section 9.6 of this Code and Chapter 13.8.9.1.7.1, as amended, of the Rhode Island Uniform Fire Code to the satisfaction of the state fire marshal, deputy state fire marshal and/or the assistant deputy state fire marshal (hereinafter the AHJ);

(The core protection for a place of worship is the fire alarm system. The fire alarm system shall comply with section 9.6 of the Rhode Island Life Safety Code and Chapter 13, as amended, of the Rhode Island Uniform Fire Code. However, the alarm system in a place of worship shall not be required to be the total (complete) fire alarm system mandated for such occupancies as health care. The sole purpose of the fire alarm system is to immediately notify the occupants and allow for their rapid evacuation.)  (Please note that section 13.8.9.1.7.1 was subsequently reserved.  The section is now amended to reference NFPA 1, Chapter 13 as amended.)

(2) Buildings that provide licensed nursery or licensed day care services shall maintain an approved system of either hardwired or wireless smoke and carbon monoxide detectors installed in accordance with NFPA 72, and NFPA 720, 2003 edition and any additional requirements of these occupancies;

(State-licensed nursery, daycare and/or educational occupancies may be located in an existing place of worship. The Board recognizes that, as long as there is an approved acceptable separation between the occupancies, the additional requirements of the above occupancies would not necessarily extend into the place of worship portion of the building unless, for example, there was a sharing of the required egress system. The term approved acceptable separation is outlined in Section 10-5-1 through 10-5-1.5 of the fire code.)    

(3) The building maintains emergency lighting approved by the AHJ.  Buildings with an occupant load less than three hundred (300) persons and used solely for worship shall not required to meet this section in accordance with  13.2.9.3.  In addition, one story buildings used only during daylight hours shall not be required to meet this section;

(The fire marshal may grant a waiver of the emergency lighting requirements as outlined above. The fire marshal may require written documentation, from the owner and/or operator of the place of worship, confirming that the building is solely used for worship and/or occupied only during daylight hours.)

(4) The building maintains approved exit signage, if so required by the AHJ;

(The Board recognizes that the majority of occupants of a place of worship are generally familiar with the building, regularly attend services, and are specifically  familiar with the egress system of the building.  The fire marshal has the authority to waive the exit signage requirement for obvious exits on a case-by-case basis.) 

(5) The building shall maintain egress calculated for its maximum occupancy with a minimum of two means of egress.  The egress doors within a Place of Worship may be allowed to swing opposite to the direction of exit travel provided that these doors are held in an open position, to the satisfaction of the AHJ, by either hold-open devices, during all hours when the Place of Worship is occupied as a place of assembly or by trained ushers as outlined below.  The AHJ may further approve a plan of action allowing trained ushers to open these doors during an evacuation of the Place of Worship. 

(In calculating the maximum occupancy of the place of worship, the fire marshal may rely upon the historical level of use and occupancy of the building. (RIGL 23-28.6-24). Where the owner / operator of the place of worship certifies, in writing, that two separate assembly areas (ex. sanctuary and fellowship hall) would not be simultaneously occupied, the fire marshal may rely upon this documentation in determining the type fire alarm system and other code requirement based upon the occupancy of the larger of the two (2) spaces as opposed to the occupant load of the combined spaces.)

(The fire marshal shall make an initial determination as to whether the place of worship has adequate egress to support evacuation from all levels of the facility. Accordingly, the fire marshal may initially rely upon the Rhode Island Life Safety Code egress requirements for an existing place of assembly when addressing such issues as remoteness that are not specifically addressed in the 15 point plan. However, the fire marshal is hereby specifically authorized to approve two reasonably remote means of egress in a place of worship. The remoteness issue may be referred to the Board only if the fire marshal determines that, as a practical matter, the egress system is not sufficiently remote to support the evacuation from all levels of the facility.)  

(The fire marshal is hereby authorized to approve two reasonably remote means of egress in a place of worship. Existing exit doors may swing opposite to the direction of egress travel if they are either held in the open position during all hours of occupancy or are operated by trained ushers during all hours of occupancy pursuant to a written and posted plan of action approved by the fire marshal. Obviously, such doors would be exempt from panic hardware requirements.)   

(6) The walls of the internal means of egress are made of plaster and/or sheetrock, are in good repair, and maintain an approximate fire rating of twenty (20) minutes.  The AHJ is hereby authorized to accept the existing hard wood or other substantial construction of a sanctuary and/or fellowship or parish hall and not require these materials to be coated with a Class A or B flame spread material.  Religious banners, cloth coverings, flowers and other limited vegetation, in reasonable amounts, shall be permitted.  The AHJ is authorized to approve the temporary placement of a freshly cut natural Christmas tree in accordance with an approved plan addressing the care, maintenance and eventual removal of the fresh-cut Christmas tree.

(The fire board recognizes that the egress system walls and ceilings of most existing places of worship are not approved fire rated assemblies. Accordingly, existing plaster or sheetrock, in good repair, may be accepted by the fire marshal. Additionally, thick hard wood construction may be maintained in existing assembly areas without a coating of a Class A or B flame spread material. However, lesser materials such as quarter-inch (1/4) paneling would require the application of the Class A or B materials.)

(The fire marshal may further approve reasonable amounts of untreated religious decorations, banners, cloth coverings and vegetation. A freshly cut and certified Christmas Tree may also be approved by the fire marshal in accordance with an approved plan of action. However, artificial trees are recommended.)  

(7) All combustible covering materials, within the approved egress systems, such as existing paneling or wainscoting, mounted on approved plaster or sheetrock walls or ceilings, shall be rendered flame resistant by the application of an approved Class A flame-spread rated material to the satisfaction of the AHJ;

(This requirement applies to the egress system walls and generally not to the remainder of the place of worship. See number 6 above.)

(8) The existing dimensions of the egress system appear to adequately support the rapid evacuation of the building, in the opinion of the AHJ and the internal means of egress may contain winding stairs approved by the AHJ;

(As long as the egress system can be used for the  rapid evacuation of the building, the fire marshal may approve the egress system of a place of worship even if it does not fully comply with all of the required egress dimensions for an existing place of assembly.)

(9)  There shall be no smoking allowed in Places of Worship;

(Do not smoke in a place of worship.) 

(10) Any furnace or boiler in the building shall be equipped with an approved remote shutoff switch approved by the AHJ;

(This is the same remotely-located shut-off switch that is required for single family homes.) 

(11) Any furnace, boiler or comparable central heating plant above 160,000 BTU input and all floor mounted units requiring a non-combustible floor by their listing, shall be either segregated from the remainder of the building by a one hour rated enclosure or protected by domestically-supplied sprinkler head(s) to the satisfaction of the AHJ;

(This allows the fire marshal to accept the installation of a sprinkler head or heads, supplied from the buildings existing water service, instead of requiring that the boiler or furnace be enclosed by one hour rated materials.)  

(12) Portable fire extinguishers shall be provided in accordance with section 9.7.4.1 of this Code;

(This is the standard for the installation and location of portable fire extinguishers.)

(13) Automatic sprinkler coverage, if so required in accordance with Rhode Island General Law  23-28.6-24.

(The Rhode Island General Law states that sprinklers are not required unless the State Fire Marshals Office determines that there is a serious threat to life. The local fire marshal does not have authority or responsibility to make this determination.) 

(14) Any commercial cooking equipment shall be protected in accordance with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 2001 edition.  Provided however, this requirement shall not apply where the cooking equipment is used only to reheat or warm food and there is the absence of smoke or grease-laden vapors.  In cases where there is an intermittent use of commercial cooking equipment used for actual cooking, not exceeding two (2) hours per week as an annual average, this requirement shall be waived by the AHJ provided that a plan of action is approved by the AHJ for each use. 

The management of a Place of Worship shall not allow the operation, within the facility, of a commercial deep fat fryer unit, such as a fry-o-lator, without first providing that potentially hazardous commercial deep fat fryer unit with approved ventilation control and fire protection, in accordance with the 2001 edition of NFPA 96, at the direction and to the satisfaction of the AHJ.  The above requirement shall be waived if the deep fat frying unit is currently protected by a properly maintained ventilation control and fire protection system that had been previously approved by an AHJ. 

(This provision was drawn from the General Law. It allows the operators of a place of worship to warm or reheat food, as long as no grease laden are generated, on an unlimited basis. If the place of worship engages in limited commercial cooking, it would be limited to approximately one hundred and four (104) hours annually without having to bring the kitchen equipment into compliance with NFPA 96. The above hourly limit may be waived by the fire marshal for special events provided that the fire marshal is presented with, and approves, a plan of action for the special events.)

(Older existing hood and duct systems may have accumulated large amounts of grease over the years and should be professionally cleaned if the operators of a place of worship wish to maintain these hoods over their stoves. There may be additional mechanical code requirements for these existing ventilation and suppression systems. Accordingly, the operators of a place of worship are directed to contact the local mechanical inspector to address any further code requirements.)    

(15) The use of any open flame(s) shall be in accordance with 101:13.7.2.

(The fire marshal may make reasonable recommendations as the safe use of candles.)

Any new construction, renovations, alterations, reconstruction and/or additions to an existing Place of Worship, covered by the above fifteen-point plan, shall comply with the applicable fire codes covering those activities in an existing place of assembly.

(All new construction shall be in accordance with the latest code requirements for a place of assembly. However, the fire marshal would still consider the actual proposed  occupancy concentration, rather than the highest possible concentration, as certified in writing by the owner /operator of the place of worship.)  

(Add)  13.1.8.2

Time Table for Compliance by Places of Worship:

All existing occupancies, falling under the definition of Places of Worship, as defined in section 13.1.8 above, are hereby granted relief, by a time variance as outlined below, from bringing their facilities into compliance with the current provisions of the State Fire Code as follows: 
	Exception:  Any residential occupancy falling under the definition of Places of Worship shall be equipped with hard wired smoke and CO detectors if required, on or before December 31, 2008.

(1)	All existing Places of Worship shall be inspected by the State Fire Marshal, or designee, and comprehensive written reports shall be issued on or before December 31, 2008.

(The fire marshal shall use the above 15-point plan as the basis of the inspection report. The report shall not require an extensive building description or code citation. Basically, it shall note those areas where the fire marshal has approved existing systems, such as the dimensions and construction of the egress system, and those areas that must still be addressed. The owner / operator is encouraged to review the 15 point plan and make any obvious corrections as soon as possible.)

(2)	All existing Places of Worship shall be brought into compliance with all fire code requirements, except the installation of a fire alarm system, on or before December 31, 2009.

(The items such as the remote shut off switch and portable fire extinguishers must be completed during this period. This deadline may be extended by either the local fire marshal, or the Board, in light of good faith efforts being made by the owner / operator.)  


(3)	All existing Places of Worship shall be brought into full compliance with any outstanding fire alarm requirements on or before December 31, 2010.

(The fire alarm system must be completed during this period. This deadline may also be extended by either the local fire marshal, or the Board, in light of good faith efforts being made by the owner / operator.)

Places of Worship containing other regulated occupancies, such as licensed Daycare, etc., shall bring only those portions of the building into compliance with the fire codes covering that regulated occupancy, at the direction and to the satisfaction of, and within a reasonable timetable established by, the State Fire Marshal or his or her designee.