TITLE 23

Health and Safety

CHAPTER 23-28.6

Places of Assembly

SECTION 23-28.6-21



   § 23-28.6-21  Sprinklers required. –

(a) All new and existing places of assembly shall be completely protected by an

approved system of automatic sprinklers installed and maintained in accordance

with N.F.P.A. Standard 13, 2002 Edition and its related standards pursuant to

the schedule outlined in subsection (d) of this section.



   (b) The requirements of subsection (a) of this section shall

not apply to:



   (1) Any place of assembly with an occupancy load of fifty

(50) to three hundred (300) people of less concentrated use, exclusively

calculated at fifteen (15) square feet per person;



   (2) Any place of assembly with an occupancy load of fifty

(50) to three hundred (300) people of concentrated use not classified as a

"nightclub";



   (3) Any place of assembly with an occupancy load of fifty

(50) to three hundred (300) people of concentrated use, classified as a

"nightclub" with a posted maximum occupancy of less than one hundred fifty

(150) people;



   (4) Any existing building used primarily as a place of

worship that is in compliance with the requirements for places of worship

established pursuant to § 23-28.6-24;



   (5) The open assembly areas in existing unheated buildings

used on a seasonal basis provided the building is protected by a properly

maintained total (complete) fire alarm system during all periods of occupancy;

and



   (6) Student occupied assembly areas, such as auditorium(s),

library(s), cafeteria(s) and gymnasium(s), within any existing building,

classified as either an educational occupancy, or an institution of higher

education such as a community college, a college and/or university, that is

protected by a properly maintained total (complete) fire alarm system. In the

event the owner or management of such a building plans to use one or more of

the above assembly areas, in a manner inconsistent with the traditional

educational use, for example a community meeting, a dance or a play, the owner

or responsible management must first consult with the state fire marshal's

designee, in the local fire department, and develop a plan of action for such

use. The proposed event shall only be conducted pursuant to the above plan of

action. This exception shall not apply to any such existing higher education

assembly area(s) used generally for commercial purposes such as an arena,

restaurant, bar or lounge.



   (c) Alternatively engineered sprinkler systems, approved by

the Fire Safety Code Board of Appeal and Review, shall be allowed in the

retrofitting of an existing place of assembly with sprinklers.



   (d) All places of assembly with a maximum occupancy of more

than three hundred (300) people shall be fully sprinkled in accordance with the

above standards on or before July 1, 2005. All "nightclubs" with a posted

maximum occupancy of one hundred fifty (150) or more people, and up to three

hundred (300) people shall be fully sprinkled in accordance with the above

standards on or before July 1, 2006. For good cause shown, the above deadlines

may be extended by the Fire Safety Code Board of Appeal & Review.



   (e) The occupancy of any place of assembly without a fire

alarm system and/or sprinkler system after July 1, 2004, shall have its maximum

occupancy adjusted by minus ten percent (10%) for the absence of a fire alarm

system and minus twenty percent (20%) for the absence for the sprinklers, when

fire alarm systems and/or sprinklers are required by law or regulation. Such

downward adjustment in occupancy shall be cumulative and shall cease to apply

when the premises are in compliance with requirements for fire alarms systems

and sprinklers, and shall not affect any other requirements of the Fire Safety

Code Board of Appeal and Review applicable to the premises. The ten percent

(10%) and twenty percent (20%) reductions in maximum occupancy, herein set

forth, may be waived, in writing, by the state fire marshal, assistant state

fire marshal, deputy state fire marshals, the local fire chief of the

jurisdiction in which the place of assembly is located, or an assistant deputy

state fire marshal as designated by the local fire chief. Provided, however,

that the owner or management responsible for the operation of the facility

shall be required to operate said facility under an alternative plan of action

for fire safety, which plan shall require the approval of the state fire

marshal, the assistant state fire marshal, deputy state fire marshals, the

local fire chief of the jurisdiction in which the place of assembly is located,

or an assistant deputy state fire marshal as designated by the local fire

chief, in order to qualify for the waiver provided for herein.



   (f) A place of assembly with an occupancy of one hundred

fifty (150) or greater and up to three hundred (300) may avoid the above

occupancy adjustment by requiring a fire fighter to be on duty during all hours

of occupancy. In no event shall the occupancy adjustment to the firefighter

requirement alter the July 1, 2006 deadline for the installation of sprinklers.



   (g) All places of assembly with an occupancy of less than one

hundred fifty (150) shall use fire retardant paints or other coverings, to a

standard acceptable to the Fire Safety Code Board of Appeal and Review, unless

the building has sprinklers by July 1, 2006.



   (h) The provisions of this section, in its entirety, shall

not apply to places of worship except as may be required by the Fire Safety

Code Board of Appeal and Review pursuant to § 23-28.6-24.



History of Section.

(P.L. 2003, ch. 106, § 8; P.L. 2003, ch. 107, § 8; P.L. 2004, ch.

220, § 7; P.L. 2004, ch. 225, § 7; P.L. 2005, ch. 151, § 6; P.L.

2005, ch. 155, § 6; P.L. 2006, ch. 311, § 2; P.L. 2006, ch. 506,

§ 2; P.L. 2008, ch. 142, § 1; P.L. 2008, ch. 180, § 1; P.L.

2012, ch. 415, § 24.)