General Background:	During the Joint Legislative hearings that culminated with the adoption of the Comprehensive Fire Safety Act of 2003, the issue of providing reasonable active fire detection for existing three (3) family dwellings was addressed by the General Assembly and the Office of the Governor.  It was decided that all three (3) family dwellings would not be required to install full fire alarm systems required in commercial apartment buildings of four (4) or more units.  However, it was further decided that these three (3) family buildings should be upgraded with the more economical installation of Smoke and CO detectors within a reasonable time period. 

Rhode Island General Law section 23-28.1-2(b)(2)(i) was thereupon adopted by the General Assembly.  This statute directed the State Fire Board to provide reasonable standards for the installation of smoke and carbon monoxide detectors in all existing three (3) family dwellings.  The original statutory deadline for such installation was set to be on or before July 1, 2008.  The State Fire Board then developed and implemented the above-referenced standards as Section 8, Chapter 25 of the Rhode Island Life Safety Code.  These regulations further directed compliance with the State Building Code and both NFPA 72 and 720. 

As the deadline approached, and electrical permits were drawn for the installation of the required Smoke and CO detectors, serious questions arose as to installation methods.  It was determined, by some electrical inspectors, that SBC-5 NEC 2008 Article 210.25 required that these devices, located in the common areas of the three (3) family building, would not be allowed to draw power from an individual dwelling unit.  This led to the initial unanticipated expense of installing a separate electrical meter in the building. 

A second unanticipated expense resulted from compliance with the electrical service providers standing policy that new meters could only be installed on the exterior of the building.  Accordingly, the owner of an existing three (3) family house could possibly incur thousands of dollars in unanticipated additional expenses by having to transfer the buildings entire interior electrical service (meter bank) to the outside of his or her building.  This would greatly exceed the initial anticipated costs for the installation of Smoke and CO detection when RIGL 23-28.1-2(b)(2)(i) was originally enacted. 

At the request of the fire service, and affected members of the public, the State Fire Board initially granted a time variance, until July 1, 2009, in order not to impose the above undue economic hardship on the owners of the three (3) family dwellings.  As outlined below, the original time variance has now been extended, to December 31, 2010, to allow building owners additional time to install these safety systems without the unnecessary economic hardship outlined above.  

The State Building Board, the State Fire Board, the State Fire Marshal and the State Building Commissioner, along with their staffs, developed the limited exception, outlined below, to full compliance with SBC-5 NEC 2008 Article 210.25. 

This exception is limited to those owners of three (3) family dwellings who are simply complying with the provisions of RIGL 23-28.1-2(b)(2)(i) and Section 8, Chapter 25 of the Rhode Island Life Safety Code.  Any such owner who utilizes this exception is advised that his or her failure to maintain the electrical power to the Smoke and CO detectors located in his or her three (3) family dwelling would result in a violation of the State Fire Code and subject the above owner to fines under the provisions of RIGL 23-28.3-9. 

On May 14, 2009, the Building Code Standards Committee adopted Blanket Variance 23 (BV 23) amending SBC-5 NEC 2008 article 210.25 as follows:

Amend:	For the purposes of RIGL 23-28.1-2(b)(2)(i) and Section 8, Chapter 25 of the Rhode Island Life Safety Code () the requirement of SBC-5 NEC 2008 article 210.25 shall be amended as follows:

(C)	Power for the associated smoke and carbon monoxide detectors required for three (3) family dwellings, pursuant to RIGL 23-28.1-2(b)(2)(i) and the regulations adopted there under, located in the common areas of a three(3) family dwelling shall be permitted to be supplied from equipment that supplies an individual dwelling unit, provided arrangements have been made that there will be no interruption in power to said common area smoke and carbon monoxide detectors.

(D)	If electric service to such three family dwelling is upgraded or an electrical meter is added for any other purpose, said property shall comply with article 210.25 (A) and (B).

Conclusion and Blanket Variance:	

(1)	The Board hereby adopts the above Building Code Standards Committee Blanket Variance 23 (BV-23) as the approved wiring method for the installation of Smoke and Carbon Monoxide Detectors, in the common areas of three (3) family dwellings, in accordance with the provisions of  RIGL 23-28.1-2(b)(2)(i) and Section 8, Chapter 25 of the Rhode Island Life Safety Code. 

(2)	In light of the above, the Board hereby extends the final deadline for compliance, with RIGL 23-28.1-2(b)(2)(i) and Section 8, Chapter 25 of the Rhode Island Life Safety Code, to December 31, 2010.