BACKGROUND:  In adopting the original 2003 edition of the Rhode Island Life Safety Code [RILSC], the Board created the unique Rhode Island requirements for existing apartment buildings found at the time in RILSC section 31.1.1.3, AHJ approved apartment buildings, which became known as the so-called 15-point plan.
This concept was continued following the 2008 amendments to the Code, however in the 2012 amendments this section was relocated to section 31.1.1.1(1) and modified to apply only to those properties previously inspected and deemed compliant  with these provisions [see 31.1.1.1 and 31.1.1.5 (2012)].
The Board more recently adopted RILSC sections 31.1.1.1, and 31.1.1.5 as part of the 2019 amendments to the Rhode Island Life Safety Code in an effort to provide clarification and reasonable exceptions to the requirements for existing apartment buildings.  In doing so, the 15-point plan is now restricted to those building previously inspected and deemed compliant prior to January 1, 2013.
	In doing so, the Board held that all existing apartment buildings shall comply with section 31.1.1.1.  Only those existing apartment buildings that have been previously inspected and deemed compliant under the AHJ Approved Apartment Buildings or the Approved Apartment Buildings requirements [previously referenced as section 31.1.1.3] prior to January 1, 2013 shall be deemed eligible to utilize Option 1.  All other existing apartment buildings shall comply with the provisions of either Option 2 [fire alarm system], Option 3 [limited sprinkler protection] or Option 4 [automatic sprinkler system].  The Board further held that section 31.1.1.5 is included as a reference section only as to those buildings having met the criteria to utilize Option 1.

	The Board has now come to learn that there exists a scenario (townhouse-style configuration with independent egress and suitable separation) whereby a building might be exempted from installing a fire alarms system [31.3.4.1.2] and an automatic sprinkler system [31.3.5.1] and yet be unable to comply with any of the available Options set forth in section 31.1.1.1 due to the RI amendments to Option 1.

CURRENT RILSC PROVISIONS:

(Amd) 31.1.1.1 The requirements of this chapter shall apply to existing buildings or portions thereof currently occupied as apartment occupancies. In addition, the building shall meet the requirements of one of the following options:
1.	Option 1, buildings previously inspected and deemed compliant with 31.1.1.5 prior to January 1, 2013 shall be deemed in compliance with the requirements of this chapter, provided the building continues to comply with section 31.1.1.5.
2.	Option 2, buildings provided with a complete approved automatic fire detection and notification system in accordance with 31.3.4.4
3.	Option 3, buildings provided with approved automatic sprinkler protection in selected areas, as described in 31.3.5.9.
4.	Option 4, buildings protected throughout by an approved automatic sprinkler system

31.3.4.1.1 Apartment buildings four or more stories in height or with more than 11 dwelling units, other than those meeting the requirements of 31.3.4.1.2, shall be provided with a fire alarm system in accordance with Section 9.6, except as modified by 31.3.4.2 through 31.3.4.5.

31.3.4.1.2 A fire alarm system shall not be required where each dwelling unit is separated from other contiguous dwelling units by fire barriers (see Section 8.3) having a minimum -hour fire resistance rating, and where each dwelling unit has either its own independent exit or its own independent stairway or ramp discharging at the finished ground level.

(Amd) 31.3.5.1 Every existing apartment building, containing more than six (6) living units between approved fire barriers (see Section 8.3) having a fire resistance rating of not less than two hours, built, or converted to this occupancy, on or after June 29, 1990 shall be protected throughout by an approved automatic sprinkler system in accordance with 31.3.5.2.

DISCUSSION:		In many cases, the townhouse-style apartment building may in fact be properly classified as multiple attached one- or two-family dwellings or three family apartment buildings if the required fire resistance separation is provided (see generally, section 8).  However, when only the minimum separation as set forth in section 31.3.4.1.2 is provided, the proper occupancy classification remains as an apartment occupancy.  In the current provisions of section 31.1.1.1 there are no options that apply due to the local amendments to Option 1.
As the intent of the Code is clear in that there are certain scenarios where neither a fire alarm system nor automatic sprinklers are required, a conflict has been created for this limited population of buildings.  It is for this limited population that Option 1 below is amended.
The Board is also cognizant of the fact that while providing a fire alarm system is not required in all apartment buildings [31.3.4.1.1], doing so is one of the permitted methods for compliance with section 31.1.1.1, i.e. Option 2.  Likewise, the installation of automatic sprinklers, either required or non-required), might be utilized to comply with Option 3 or Option 4.

CONCLUSION:	In accordance with RIGL  23-28.3-5(d)(1), the Board hereby issues a Formal Interpretation & Blanket Variance modifying the requirements for the application of RILSC Chapter 31 [450-RICR-00-00-8.1.31] to existing apartment buildings as follows:
(Amd) 31.1.1.1 The requirements of this chapter shall apply to existing buildings or portions thereof currently occupied as apartment occupancies.  In addition, the building shall meet the requirements of one of the following options:
1.	Option 1, buildings without fire suppression or detection systems, where each dwelling unit has independent egress and suitable separation from other contiguous dwelling units, only when specifically permitted by sections 31.3.4.1.2 and 31.3.5.1.
2.	Option 2, buildings provided with a complete approved automatic fire detection and notification system in accordance with 31.3.4.4.
3.	Option 3, buildings provided with approved automatic sprinkler protection in selected areas, as described in 31.3.5.9.
4.	Option 4, buildings protected throughout by an approved automatic sprinkler system.
5.	Option 5, buildings previously inspected and deemed compliant with 31.1.1.5 prior to January 1, 2013 shall be deemed in compliance with the requirements of this chapter, provided the building continues to comply with section 31.1.1.5.