TITLE 23

Health and Safety

CHAPTER 23-28.6

Places of Assembly

SECTION 23-28.6-24



   § 23-28.6-24  Places of worship. –

(a) The Fire Safety Code Board of Appeal and Review shall establish and

maintain a subcategory of assembly occupancies for places of worship and shall,

consistent with the provisions of this section, specify code requirements

applicable to the subcategory. Every place of worship as defined in §

23-28.1-5 shall comply with the requirements for places of worship by the Fire

Safety Code Board of Appeal and Review and administered by the state fire

marshal. In establishing and maintaining this subcategory, the board shall give

due consideration to the historic level of use as well as to occupant load and

shall provide for separate calculation of occupant loads for sanctuaries and

gathering halls and for distinct requirements for the different areas of the

place of worship.



   (b) Newly constructed places of worship shall comply with the

applicable requirements for new occupancies.



   (c) Existing places of worship shall comply with requirements

established by the Fire Safety Code Board of Appeal and Review, pursuant to

this subsection.



   (1) The Fire Safety Code Board of Appeal and Review shall

adopt reasonable requirements for fire safety in existing places of worship by

July 1, 2007, which standards shall allow for the continued occupancy and use

of the place of worship without undue hardship, with due consideration for the

historic use and operation of the place of worship, unless such continued use

and occupancy would constitute a serious threat to life. Such requirements

shall provide that the place of worship shall have:



   (i) Adequate egress, including exits, exit signs, and

emergency lighting;



   (ii) Adequate systems for discovery of fire and smoke and for

altering occupants promptly and effectively; and



   (iii) Adequate fire extinguishers.



   (2) Existing places of worship shall not be subject to

requirements for places of assembly to install sprinklers in the sanctuary or

in other areas unless the state fire marshal, or official in the office of the

state fire marshal designated by the state fire marshal in the capacity of the

authority having jurisdiction, shall determine: (i) that in the absence of

sprinklers, there would be a serious threat to life as a result of conditions

specific to those areas in the place of worship; or (ii) that the kitchen of

the place of worship is used for cooking food for more than two (2) hours per

week as an annual average, in which case a requirement may be imposed for

automatic fire suppression system in the kitchen. The code requirements

applicable to the place of worship shall be deemed satisfactory purposes of the

use of the place of worship or areas thereof by community members and groups

and nonprofit organizations; provided, however, that the use of the place of

worship or a portion thereof for an occupancy for a commercial purpose or for

the regular conduct of an activity or function that requires licensure by the

state may be subject to code requirements for that occupancy.



   (d) The Fire Safety Code Board of Appeal and Review shall

establish a timetable for existing places of worship to comply with the

requirements adopted pursuant to subsection (c) of this section, which

compliance timetable shall commence not sooner than January 1, 2008 and may

extend beyond July 1, 2008.



   (e) The Fire Safety Code Board of Appeal and Review and the

state fire marshal shall in establishing, interpreting, administering and

enforcing code requirements pertaining to this subcategory satisfy reasonable

requirements for life safety in a manner that does not cause disproportionate

effort or expense and that allows for continued occupancy as places of worship

in buildings and structures where worship is a historic use, provided that any

condition that represents a serious threat to life is mitigated by application

of appropriate safeguards, and in so doing, shall give due consideration in

applying the provisions of this paragraph to occupancies that normally are used

by gatherings of less than fifty (50) persons.



History of Section.

(P.L. 2006, ch. 311, § 3; P.L. 2006, ch. 506, § 3; P.L. 2012, ch.

415, § 24.)