Executive Office of Public SafetyExecutive Office of Public SafetyDepartment of Fire ServicesDepartment of Fire Services

Department of Public Safety Department of Public Safety

Workshop onWorkshop on Chapter 304 – Fire Act of 2004Chapter 304 – Fire Act of 2004

An Act Relative to Fire Safety in An Act Relative to Fire Safety in the Commonwealththe Commonwealth

Workshop onWorkshop on Chapter 304 – Fire Act of 2004Chapter 304 – Fire Act of 2004

An Act Relative to Fire Safety in An Act Relative to Fire Safety in the Commonwealththe Commonwealth

Workshop AgendaWorkshop Agenda Chapter 304 - Fire Act of 2004Chapter 304 - Fire Act of 2004

Workshop AgendaWorkshop Agenda Chapter 304 - Fire Act of 2004Chapter 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

100 Deaths100 Deaths200 Injuries200 Injuries

Station Nightclub Station Nightclub FireFire

Station Nightclub Station Nightclub FireFire

February 20, 2003 West Warwick, February 20, 2003 West Warwick, RIRI

Secretary’s Fire & Secretary’s Fire & Building Safety Building Safety Task Force Task Force RecommendationRecommendationss

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

1. Sprinkler systems

2. Egress

3. Pyrotechnics

4. Interior Finishes

5. Training & Education

6. New/Enhanced Fines & Criminal Penalties

7. New Ticketing/Code Enforcement Procedures

8. Funding & Resources

Task Force’s Major Task Force’s Major RecommendationsRecommendationsTask Force’s Major Task Force’s Major RecommendationsRecommendations

1. Sprinkler Systems1. Sprinkler Systems1. Sprinkler Systems1. Sprinkler Systems

Expansion Expansion of Usageof Usage

DFS/BFPR – Retrofit DFS/BFPR – Retrofit Existing BuildingsExisting Buildings

DPS/BBRS – New DPS/BBRS – New Construction/Substantial Construction/Substantial

Improvements Improvements

2. Egress2. Egress2. Egress2. Egress

Enhanced RegulationsEnhanced Regulations

Egress Egress RecommendationsRecommendations

Egress Egress RecommendationsRecommendations

1. A complete Fire & Building Safety Certificate of Inspection is required by owner

Status: 527 CMR 10.00(2)(d) Effective 12/3/04

Checklist retained for at least one year and subject to inspection of fire department head and State Fire Marshal’s Office

Egress RecommendationsEgress RecommendationsEgress RecommendationsEgress Recommendations

2. Evaluate requirements for audible announcements indicating location of emergency exits before and during performances

Status: In process

BFPR approved concept for future promulgation in July 2004 with DFS staff preparing final language

Egress RecommendationsEgress RecommendationsEgress RecommendationsEgress 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. Pyrotechnics3. Pyrotechnics

Elimination of Elimination of usageusage

Increased Increased regulationregulation

Pyrotechnics RecommendationsPyrotechnics RecommendationsPyrotechnics RecommendationsPyrotechnics Recommendations

Prohibits 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 RecommendationsPyrotechnics RecommendationsPyrotechnics RecommendationsPyrotechnics Recommendations

Requires 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 Pyrotechnics RecommendationsRecommendationsPyrotechnics Pyrotechnics RecommendationsRecommendations

Head 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 RecommendationsPyrotechnics RecommendationsPyrotechnics RecommendationsPyrotechnics Recommendations

Enhanced 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 RecommendationsPyrotechnics RecommendationsPyrotechnics RecommendationsPyrotechnics Recommendations

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 BFPR’s Emergency Amendments Amendments

to State Fire Code 527 CMRto State Fire Code 527 CMR

BFPR’s Emergency BFPR’s Emergency Amendments Amendments

to State Fire Code 527 CMRto State Fire Code 527 CMREnhanced Special Effects Requirements

Effective 3/7/03

Retesting of all pyrotechnic professionals by 5/7/03 527 CMR 2.04(1)

Enhanced certification requirements 527 CMR 2.09(4)(a)

Reporting of injuries caused by pyrotechnic display to head of fire department 527 CMR 2.09(4)(b)

4. Interior Finishes4. Interior Finishes4. Interior Finishes4. Interior Finishes

Review of regulations on Review of regulations on flammable materialsflammable materials

Interior FinishesInterior FinishesRecommendationsRecommendationsInterior FinishesInterior Finishes

RecommendationsRecommendations

Prohibit 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 FinishesInterior Finishes Recommendations RecommendationsInterior FinishesInterior Finishes

Recommendations Recommendations

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

General PublicGeneral Public

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

General PublicGeneral Public

Training & Education Training & Education RecommendationsRecommendations

Training & Education Training & Education RecommendationsRecommendations

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. 2a & s.7 (5); in process of staffing (Nightclub Safety Training Coordinator)

Training & Education Training & Education RecommendationsRecommendations

Training & Education Training & Education RecommendationsRecommendations

Certify fire inspectors with each fire department having a minimum of one or more trained and certified fire inspectors.

Status: Chap. 304s.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 Training & Education RecommendationRecommendation

Training & Education Training & Education RecommendationRecommendation

DFS & DPS to develop a comprehensive training program required for operators and employees of buildings used for public assembly

Training to include crowd manager training in facilities with occupant loads of 50 or more

Crowd manager be responsible for implementing the Fire & Building Safety checklist

Status: In process. To be completed by 2006No additional funding for implementation

6. Legal 6. Legal RecommendationsRecommendations

6. Legal 6. Legal RecommendationsRecommendations

Providing the “teeth” to Providing the “teeth” to enforce complianceenforce compliance

New/Enhanced Fines & New/Enhanced Fines & Criminal PenaltiesCriminal Penalties

New/Enhanced Fines & New/Enhanced Fines & Criminal PenaltiesCriminal Penalties

Specific 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

Status: Ch.304, s.6 and Ch. 148 s.34A creates new crime & enhanced fines and penalties

New/Enhanced Fines & New/Enhanced Fines & Criminal PenaltiesCriminal Penalties

Specific criminal penalties for an individual who violates a state building code or fire code provision that results in significant injury or death

Status: Ch.304, s.6; Ch. 148, s.334B

New/Enhanced Fines & New/Enhanced Fines & Criminal PenaltiesCriminal Penalties

Enhanced penalties to those who habitually do not comply with orders to correct fire or building code violations

Status: Ch.304, s.6, Ch.148 s.34C

7. New Ticketing/Code 7. New Ticketing/Code Enforcement ProceduresEnforcement Procedures7. New Ticketing/Code 7. New Ticketing/Code

Enforcement ProceduresEnforcement ProceduresNew 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

Status: Ch. 304 S.7 Ch.148A Boards meeting with courts to finalizeEffective 3/1/05 with DFS & DPS working with the courts

8. Financial 8. Financial ConsiderationsConsiderations

8. Financial 8. Financial ConsiderationsConsiderations

Funding RecommendationFunding RecommendationFunding RecommendationFunding Recommendation

Department of Revenue (DOR) created an accelerated depreciation schedule for the installation of sprinkler systems

Status: Ch. 304, s. 3 & 4 creates certain depreciation schedules for installation of automatic sprinkler systems DOR to develop regulations and program

Additional Chapter 304 ItemsAdditional Chapter 304 Items (not included Task Force Recommendations)(not included Task Force Recommendations)

Additional Chapter 304 ItemsAdditional Chapter 304 Items (not included Task Force Recommendations)(not included Task Force Recommendations)

Fire Equipment Grants - $ 10.0 million (s. 2A)

SAFE Program funding - $ 1.078 million (s. 2A)

Certification and Training Funds-$ 450,000 (s. 2A)

Fire chiefs can go to district court, rather than superior court, for injunctions - Ch. 148 s. 6,Ch. 148, s. 34D

Additional Chapter 304 Additional Chapter 304 ItemsItems

(not included Task Force Recommendations)(not included Task Force Recommendations)

Additional Chapter 304 Additional Chapter 304 ItemsItems

(not included Task Force Recommendations)(not included Task Force Recommendations)

Establishment of Commission to study fire resistive coatings and materials for future recommendation to BBRS (s. 9)

Establishment of education relative to use and storage of fire extinguishers (s.9, para.3)