Workshop on Chapter 304 Fire Act of

Workshop on Chapter 304 – Fire Act of 2004 An Act Relative to Fire Safety in the Commonwealth Executive Office of Public Safety Department of Fire Services Department of Public Safety

Workshop Agenda Chapter 304 - Fire Act of 2004 1. Welcome/Housekeeping 2. Department of Fires Services/Board of Fire Prevention & Regulation (BFPR) Overview – State Fire Marshal Stephen Coan 3. Overview of Sprinkler Retrofit Requirements DFS Attorney Peter Senopoulos 4. Department of Public Safety/Board of Building Regulations & Standards (BBRS) Overview – DPS Commissioner Thomas Gatzunis, Brian Gore

Station Nightclub Fire February 20, 2003 West Warwick, RI 100 Deaths 200 Injuries Secretary’s Fire & Building Safety Task Force Recommendations

Gov. Romney signs Chapter 304, “An Act Relative to Fire Safety in the Commonwealth, ” on Aug. 17, 2004 Effective Nov. 15, 2004 Ticketing provision effective March 1, 2005

Task Force’s Major Recommendations 1. 2. 3. 4. 5. 6. Sprinkler systems Egress Pyrotechnics Interior Finishes Training & Education New/Enhanced Fines & Criminal Penalties 7. New Ticketing/Code Enforcement Procedures 8. Funding & Resources

1. Sprinkler Systems Expansion of Usage DFS/BFPR – Retrofit Existing Buildings DPS/BBRS – New Construction/Substantial Improvements

2. Egress Enhanced Regulations

Egress Recommendations 1. A complete Fire & Building Safety Certificate of Inspection is required by owner Status: 527 CMR 10. 00(2)(d) Effective 12/3/04 Ü Checklist retained for at least one year and subject to inspection of fire department head and State Fire Marshal’s Office

Egress Recommendations 2. Evaluate requirements for audible announcements indicating location of emergency exits before and during performances Status: In process ÜBFPR approved concept for future promulgation in July 2004 with DFS staff preparing final language

Egress Recommendations 3. BFPR & BBRS to study requirement for automatic shutdown of music sound systems and raising house lights in case of fire Status: BBRS approved draft for promulgation - May 2004; determination of jurisdiction needed

3. Pyrotechnics Increased regulation Elimination of usage

Pyrotechnics Recommendations üProhibits pyrotechnics in all nightclubs, discotheques, dance halls, and bars; permits use in large entertainment venues and theatres (A-1, A -2) equipped with automatic sprinkler systems & fire department approval Status: 527 CMR 2. 09(3)(a)(b) Effective 1/12/04

Pyrotechnics Recommendations üRequires the building owner, operator, and/or manager to sign a written statement acknowledging use of interior pyrotechnics Status: 527 CMR 2. 04(d)(5) Effective 1/12/04

Pyrotechnics Recommendations üHead of fire department may restrict use of fog, foam, haze machines if such use creates an obstacle to egress from a place of assembly Status: 527 CMR 1. 06(1)(k) Effective 12/3/04

Pyrotechnics Recommendations üEnhanced experience required for pyrotechnic professional to require proof of ten shows within 2 years Status: 527 CMR 10. 00(2)(d) Effective 12/3/04

Pyrotechnics Recommendations ü Letter to appropriate federal agencies recommending modification of federal laws requiring anyone selling pyrotechnics via interstate commerce must notify the local fire department and the State Fire Marshal Status: In process. Letter sent on 2/20/04 to federal agencies

BFPR’s Emergency Amendments to State Fire Code 527 CMR Enhanced Special Effects Requirements Effective 3/7/03 ü Retesting of all pyrotechnic professionals by 5/7/03 527 CMR 2. 04(1) ü Enhanced certification requirements 527 CMR 2. 09(4)(a) ü Reporting of injuries caused by pyrotechnic display to head of fire department 527 CMR 2. 09(4)(b)

4. Interior Finishes Review of regulations on flammable materials

Interior Finishes Recommendations üProhibit use of all foam plastics on interior finishes in all un-sprinklered nightclubs, discotheques, dance halls, and bars Status: BFPR approved draft regulation in May 2004 and currently in the regulatory process

Interior Finishes Recommendations üReview use of foam plastics on interior finishes in ALL buildings used for public assembly purposes Status: Has gone through review. Joint regulatory language being developed by DFS and DPS.

5. Training & Education for Public Safety Officials, Regulated Community & General Public

Training & Education Recommendations ü DFS and DPS will offer a “joint” fire and building safety standards training program for fire inspectors and building inspectors Status: $450, 000 has been provided thru Ch. 304, S. 2 a & s. 7 (5); in process of staffing (Nightclub Safety Training Coordinator)

Training & Education Recommendations üCertify fire inspectors with each fire department having a minimum of one or more trained and certified fire inspectors. Status: Chap. 304 s. 8 Special committee to study feasibility of creation of a mandatory fire inspector certification. Committee to include Fire Training Council, Fire Services Commission, and the State Fire Marshal

Training & Education Recommendation üDFS & DPS to develop a comprehensive training program required for operators and employees of buildings used for public assembly ØTraining to include crowd manager training in facilities with occupant loads of 50 or more ØCrowd manager be responsible for implementing the Fire & Building Safety checklist Status: In process. To be completed by 2006 ÜNo additional funding for implementation

6. Legal Recommendations Providing the “teeth” to enforce compliance

New/Enhanced Fines & Criminal Penalties üSpecific criminal penalties for dangerous conditions in a public assembly building, such as: blocked egress; failure to maintain or shutting off fire protection systems; storing flammable or explosives or use of fireworks without a permit; exceeding occupancy limits ÜStatus: Ch. 304, s. 6 and Ch. 148 s. 34 A creates new crime & enhanced fines and penalties

New/Enhanced Fines & Criminal Penalties ü Specific criminal penalties for an individual who violates a state building code or fire code provision that results in significant injury or death ÜStatus: Ch. 304, s. 6; Ch. 148, s. 334 B

New/Enhanced Fines & Criminal Penalties üEnhanced penalties to those who habitually do not comply with orders to correct fire or building code violations ÜStatus: Ch. 304, s. 6, Ch. 148 s. 34 C

7. New Ticketing/Code Enforcement Procedures üNew non-criminal procedures for local and state fire and building code enforcement officers: Standardized “code violation notices” similar to traffic tickets Uniform system simplify enforcement efforts & document habitual offenders Violations will result in suspension or revocation of local or state permits, certificate or licenses Provides funding to municipalities and DFS for enforcement and training Ü Status: Ch. 304 S. 7 Ch. 148 A Boards meeting with courts to finalize ÜEffective 3/1/05 with DFS & DPS working with the courts

8. Financial Considerations

Funding Recommendation üDepartment of Revenue (DOR) created an accelerated depreciation schedule for the installation of sprinkler systems ÜStatus: Ch. 304, s. 3 & 4 creates certain depreciation schedules for installation of automatic sprinkler systems DOR to develop regulations and program

Additional Chapter 304 Items (not included Task Force Recommendations) üFire Equipment Grants - $ 10. 0 million (s. 2 A) üSAFE Program funding - $ 1. 078 million (s. 2 A) üCertification and Training Funds-$ 450, 000 (s. 2 A) ü Fire chiefs can go to district court, rather than superior court, for injunctions - Ch. 148 s. 6, Ch. 148, s. 34 D

Additional Chapter 304 Items (not included Task Force Recommendations) üEstablishment of Commission to study fire resistive coatings and materials for future recommendation to BBRS (s. 9) üEstablishment of education relative to use and storage of fire extinguishers (s. 9, para. 3)