General Background:  The following Formal Interpretation and Blanket Variance was originally identified as 05-10.  However, the information therein was not fully incorporated into the latest edition of the Fire Code.  Accordingly, on July 15, 2008, pursuant to the request of Assistant Deputy State Fire Marshal Thomas C. Karpovitz of the Middletown Fire Marshals Office, the Fire Board re-affirmed 05-10 and this re-affirmed blanket variance is now listed as 08-08.

There are several sections in the Life Safety Code that refer to section 24.2 Means of Escape Requirements.  Among them are:

16/17.6.2			Day Care
26.2.1.1.1/26.2.1.2		Lodging or Rooming Houses
27.2.2	                                Emergency Shelters
28/29.2.1.2 & 2.1.3		Hotels and dormitories
30/31.2.1.2		Apartment Buildings

However, by rule and regulation, that particular section has been deleted and replaced with other language unrelated to means of escape.  The intent of the Board was not to relieve the covered occupancies of the referenced means of escape requirements but rather not to regulate the one and two family dwellings that were specifically reserved by statute. 


Boards Determination: In order to clarify the above intent, the following proposed amendments were approved by the Board:

CHAPTER 24
ONE- AND TWO-FAMILY DWELLINGS

(Amd) 24.1 through 24.5.1.2

Sections 24.1 through 24.5.1.2 of Chapter 24 are hereby reserved as they relate to one- and two-family dwellings only, and replaced with the following sections: 

(Add) 24.6
Compliance with State Building and Minimum Housing Codes. 

(Add) 24.6.1
All one and two family dwellings shall remain subject to, and comply with, the State Building Code adopted pursuant to RIGL 23-27.3 et seq. 

(Add) 24.6.2
All one and two family dwellings shall further remain subject to, and comply with the Minimum Housing Standards outlined in RIGL 45-24.2-1 et seq. 

(Add) 24.7  Installation of Smoke and Carbon Monoxide Alarms-New and converted buildings. 

(Add) 24.7.1
All buildings hereinafter constructed or converted for residential occupancy, including mobile and modular homes, shall be provided with smoke and carbon monoxide detectors, installed in accordance with NFPA 72, and NFPA 720, 2003 edition, at the direction and to the satisfaction of the AHJ. 

(Add) 24.7.1.1
The above smoke and carbon monoxide detectors may be installed as either separate or combination units approved by the AHJ. 

(Add) 24.7.1.2
The above smoke and carbon monoxide detectors may be either hardwired or wireless units approved by the AHJ. 

(Add) 24.7.1.3
The local fire authorities certified by the State Fire Marshal as prescribed in RIGL 23-28.2.6, in cooperation with the local building code officials, shall enforce the provisions of this chapter. 

(Add) 24.7.1.4
Compliance with the above provisions shall be considered a prerequisite to the approval, by the fire authority, of any certificate of occupancy issued by the building official pursuant to RIGL 23-27.3-120. 

(Add) 24.7.1.5
It shall be the responsibility of the owner to maintain in operable condition smoke and carbon monoxide detection systems, installed as required pursuant to this chapter, and the owner shall make operable, within seven (7) days after being notified by certified mail by the occupant and/or enforcement official, any inoperable system. 

(Add) 24.7.1.5.1
If the owner fails to make the system operable within the required seven (7) days, the tenant may cause the system to be made operable if the reasonable total reasonable cost of making the repairs does not exceed the sum of twenty dollars (20.00), and the tenant may deduct from his or her rent the actual reasonable cost of repairs not to exceed twenty (20.00). 

(Add) 24.7.1.5.2
The payment of the reasonable costs, outlined in section 24.7.1.5.1, shall not exempt the owner from the payment of fines for violation of this Code as outlined in RIGL 23-28.3-9. 

(Add) 24.8 Installation of Smoke and Carbon Monoxide Alarms-Existing Buildings 
(Add) 24.8.1
All occupied residential properties, including mobile homes, shall, at the responsibility of the seller before title to the property is transferred, be provided with smoke and carbon monoxide detectors, installed in accordance with NFPA 72, and NFPA 720, 2003 edition, at the direction and to the satisfaction of the AHJ. 

(Add) 24.8.1.1
The above smoke and carbon monoxide detectors may be installed as either separate or combination units approved by the AHJ. 

(Add) 24.8.1.2
The above smoke and carbon monoxide detectors may be either battery operated, hardwired or wireless units approved by the AHJ. 

(Add) 24.8.1.3
The local fire authorities shall enforce the provisions of this chapter. The State Fire Marshals Office may enforce the provisions of this chapter when so requested to by the local authority or when the local authority is either unwilling or unable to fulfill its obligations under this chapter. 

(Add) 24.8.1.3.1
The local fire authority that performs smoke and carbon monoxide detector inspections in all residential occupancies shall, at the time of the inspection, be allowed to charge a thirty dollar (30.00) fee for the inspection of any residential occupancy. The responsibility of this charged fee will be borne by the seller on each occurrence before title to the property is transferred. A thirty dollar (30.00) fee will be allowed for any subsequent re-inspection of the same residential occupancy due to improper installation, wrong location, improper wiring method, or the sellers failure to maintain a mutually agreed upon appointment with the local fire authority that performs the inspection function. The fees collected by the local fire authority shall be used for fire prevention purposes in that particular city, town, fire district, or other municipal subdivision. 

(Add) 24.8.1.4
At the time of the transfer of title, the seller must provide the purchaser with a certificate from the fire department for the community in which the dwelling is located stating that the smoke and carbon monoxide detector systems have been inspected within sixty (60) days prior to the date of sale and has been determined to be in good working order. The fire department for the community in which the dwelling is located must inspect the smoke and carbon monoxide detector systems of the dwelling within ten (10) days of a request from the owner. The inspection may be conducted by qualified personnel of the department or the State Fire Marshals Office. No fire department nor the State Fire Marshal shall be liable for any damage caused by the subsequent malfunction of a smoke detection system or carbon monoxide detector system which it inspected.

(Add) 24.8.1.4.1
Transfers of real property are exempt from compliance with the provisions of sections 24.8.1 through 24.8.1.4 if: 
(1) The property being transferred does not contain residential dwellings; 
(2) Within the past six months a certificate of use or occupancy has been issued, in accordance with section 24.7.1.4, for the property being transferred; 
(3) The property being transferred currently maintains an approved smoke and carbon monoxide detection system in accordance with this chapter; 
(4) The property being transferred is uninhabitable without the issuance of a certificate of use and occupancy referenced in section 24.7.1.4; 
(5) The property is being transferred pursuant to a foreclosure sale, a tax sale, as a redemption of a tax sale, or in lieu of foreclosure, and provided further that the requirements of this chapter 24 shall met prior to the re-occupancy of the property; 
(6) The property is being transferred by operation of law, or pursuant to an order of any United States court, or any superior or family court of the State of Rhode Island, and provided further that such court order specifically directs non-compliance with this chapter 24; or 
(7) The property is being acquired by the state for demolition and will not be sold or used by the state for residential purposes. 

(Add) 24.8.1.5
It shall be the responsibility of the owner to maintain in operable condition smoke and carbon monoxide detection systems, installed as required pursuant to this chapter, and the owner shall make operable, within seven (7) days after being notified by certified mail by the occupant and/or enforcement official, any inoperable system. 

(Add) 24.8.1.5.1
If the owner fails to make the system operable within the required seven (7) days, the tenant may cause the system to be made operable if the reasonable total reasonable cost of making the repairs does not exceed the sum of twenty dollars (20.00), and the tenant may deduct from his or her rent the actual reasonable cost of repairs not to exceed twenty (20.00). 

(Add) 24.8.1.6
Owners of existing residential properties, previously required to install smoke detectors, shall maintain those detectors in good operating condition. 

(Add) 24.8.1.7
Owners of existing residential properties, previously required to install smoke detectors, shall not be required to immediately install the carbon monoxide detectors. However, full compliance with section 24.8.1 through 24.8.1.4 shall be required with the next transfer of title.