SECTION 1. Findings of fact. The general assembly hereby finds as follows:
(1) Contaminated commercial kitchen exhaust systems present catastrophic potential danger to life and property resulting from highly flammable deposits from grease-laden vapors that can ignite and spread quickly.
(2) The Rhode Island fire safety code requires that commercial kitchen exhaust systems be inspected and tested by a properly trained, qualified, and certified person every three (3) to six (6) months or annually, and then cleaned by a properly trained, qualified, and certified person, if contaminated.
(3) Because the general assembly values Rhode Islanders’ safety and security in life and property, and informed by recent events, it seeks to prevent loss of life and property by establishing standards for licensure of commercial kitchen exhaust inspection and cleaning professionals.
(4) In conjunction with the duties of the state fire marshal pursuant to § 23-28.2-4(2) and
(4) to conduct and supervise fire safety inspections of all buildings regulated by the fire code within the state and to plan for and oversee the comprehensive, professional, and consistent enforcement of the fire safety code, the licensing of commercial kitchen exhaust systems’ inspection and cleaning professionals shall be administered and regulated by the office of state fire marshal.
SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter: 23-28.40-1. Short title. This chapter shall be known and cited as the “Commercial Kitchen Exhaust System Inspection and Cleaning Licensing and Certification Act.” 23-28.40-2. Definitions. When used in this chapter:
(1) “AHJ” means authority having jurisdiction in connection with the administration of the Fire Code, NFPA 96 and all applicable codes and standards.
(2) “Approved certificate examination” means an examination that tests the examinee’s knowledge of NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, and shall include, but not be limited to, those examinations offered by a state approved testing provider.
(3) “Certificate” means the credential issued by the OSFM to technicians that are properly trained and qualified in commercial kitchen exhaust system inspection and/or cleaning.
(4) “Commercial kitchen exhaust system” means the components of a commercial kitchen venting system including, but not limited to, hoods, ducts, fans, filters and other components of commercial cooking exhaust systems in accordance with NFPA 96 standards.
(5) “Critical condition” means a situation that cannot be corrected within twenty-four (24) hours of cleaning, attempting to clean, or assessment of the commercial kitchen exhaust system, and which includes, but is not limited to: insufficient access to any portion of the exhaust duct, fan(s), pollution control device(s), and other associated equipment restricting proper cleaning of the entire exhaust system; encrusted grease accumulation, which cannot be cleaned and/or requires the replacement of the exhaust duct or part thereof; physical damage to the exhaust system affecting the operation of the system; and/or major deficiencies affecting the operations of the exhaust system.
(6) “Department” means the department of business regulation.
(7) “License” means the credential issued by the OSFM to a business entity or individual applicant who is, and employs, properly trained, qualified and certified individuals in commercial kitchen exhaust systems’ inspection and/or cleaning, and whose application therefor has been approved by the OSFM.
(8) "NFPA 96" means the National Fire Protection Association standard for ventilation control and fire protection of commercial cooking operations (2024 edition).
(9) "OSFM" means the office of the state fire marshal established pursuant to the provisions of § 23-28.2-1.
(10) “Passing score” means the results of a written examination where the examinee attains a minimum of seventy percent (70%) correct answers where the exam has been administered by the department or a test provider approved by the department.
(11) “Properly trained, qualified and certified” means the description of an individual who has applied and received approval for a license or certificate for commercial kitchen exhaust systems inspection and/or cleaning pursuant to § 23-28.40-3. 23-28.40-3. Licensing, certification and renewals.
(a) Practices for which license and certification are required.
(1) No individual, corporation or business entity shall engage within this state in the business of inspecting and/or cleaning commercial kitchen exhaust systems unless:
(i) The individual, corporation or business entity possesses a license from the OSFM to operate as an inspector and/or cleaner of commercial kitchen exhaust systems; and
(ii) Each technician performing inspection and/or cleaning services including the individual licensee, or in the case of a corporation or business entity its principal owner/officer, possesses a certificate from the OSFM.
(b) Certificates. An individual over the age of eighteen (18) may be certified as a technician in inspection and/or cleaning of commercial kitchen exhaust systems; provided that, the individual completes and submits to the OSFM an application containing all information and documentation as the OSFM in its sole discretion determines is warranted, including satisfactory evidence of the following:
(1) A minimum of thirty (30) hours of hands-on experience in commercial kitchen exhaust system cleaning;
(2) Participation in an approved training program, which may include, but is not limited to, an in-person apprenticeship with a technician in good standing with the OSFM;
(3) Taking and obtaining a passing score on an approved certificate examination. If after the first examination, the examinee does not obtain a passing score, the examinee may take the examination again after no less than thirty (30) days have elapsed from the date the examinee received the first examination’s results. If the examinee does not pass the second examination, the examinee may take another additional test, which may occur no less than sixty (60) days from the date the examinee received the second examination’s results; and
(4) Obtaining a criminal background check from the Rhode Island state police or the department of attorney general.
(c) Licenses. An individual, corporation or business entity applicant may be licensed in the inspection and/or cleaning of commercial kitchen exhaust systems; provided that, the applicant completes and submits to the OSFM an application, containing such information and documentation as the OSFM in its sole discretion determines is warranted, including satisfactory evidence of the following:
(1) Employment of two (2) or more certified technicians, one of whom shall be the individual applicant or in the cases of a corporation or business entity its principal owner/officer;
(2) Ownership of or permission to use approved commercial kitchen exhaust systems’ cleaning equipment;
(3) Possession and maintenance of general liability insurance coverage in amounts established by regulation; and
(4) Possession and maintenance of worker’s compensation insurance coverage if the applicant has or hires any employees.
(d) Fees. The fee for licensure of a commercial kitchen exhaust system inspector and/or cleaner shall be two hundred dollars ($200), and the fee for a certificate of a commercial kitchen exhaust system inspector and/or cleaner shall be one hundred dollars ($100).
(e) Duration. Except as provided pursuant to § 23-28.40-7, any license or certification issued pursuant to this chapter shall be valid for a period of three (3) years from the date of issuance or approval of renewal.
(f) Renewals. Certification and licensing shall be renewed every three (3) years, on forms made available by the OSFM containing such information and documentation as the OSFM determines is warranted, including satisfactory evidence of the following:
(1) Continuing education or training attendance in the amount of five (5) credit hours per licensing cycle;
(2) Payment of a renewal fee of fifty dollars ($50.00) for technician recertification and one hundred dollars ($100) for license renewals; and
(3) Proof of compliance with OSFM requirements, on forms made available by the OSFM and updated from time to time.
(g) Records. Any documentary evidence of the licensee’s or certificate holder’s compliance with the requirements of this section shall be maintained by the licensee or certificate holder for a period of three (3) years from the date thereof. 23-28.40-4. Rangehood decals.
(a) After inspection and/or cleaning, a decal purchased from OSFM shall be attached to the hood indicating the day, month and year of the service, the individual who performed the service, the company that employed the servicing individual, and the applicable certificate and license numbers.
(b) Rangehood decals shall be available for purchase from, and at a price set by, the OSFM and any individual inspecting and/or cleaning any commercial kitchen exhaust system under this chapter shall use the most recent version of the OSFM rangehood decal available. 23-28.40-5. Required notices.
(a) Any certificate holder and/or licensee that becomes aware of a critical condition in the course of their inspection and/or cleaning shall notify the AHJ and the client within twenty-four
(24) hours of becoming aware of the critical condition.
(b) Notices shall be in writing in accordance with National Fire Protection Association (NFPA 1) Fire Code, chapter 50 ("commercial cooking"), and shall include photographs and/or videos of the critical condition(s).
(c) Nothing herein shall be construed to allocate responsibility for the critical condition to the certificate and/or license holder. 23-28.40-6. Rules and regulations. The OSFM may promulgate rules and regulations for the implementation and maintenance of commercial kitchen exhaust systems’ inspection and cleaning certificates and licenses and to carry out the provisions of this chapter. 23-28.40-7. Enforcement and penalties.
(a) In the execution of its authority pursuant to this chapter, the OSFM may deny or not renew an application, suspend, revoke, place on probation or issue administrative penalties regarding a certificate or license when any of the following conditions exist:
(1) An applicant, licensee or certificate holder makes a material misrepresentation in its application, recertification or renewal, in any document submitted therewith, and/or in connection with any requirement provided by § 23-28.40-3;
(2) An applicant, licensee or certificate holder possesses a criminal conviction demonstrated by its criminal record and which criminal conviction is substantially related to the certificate or license sought by the applicant in conformity with § 28-5.1-14;
(3) An applicant, licensee or certificate holder in the course of inspecting or cleaning any commercial kitchen exhaust system, fails to give the required notice of a critical condition pursuant to § 23-28.40-5;
(4) An applicant, licensee or certificate holder defrauds, attempts to defraud or makes a material misrepresentation to any customer;
(5) An applicant, licensee or certificate holder fails to comply with any requirement under this chapter or the rules or regulations issued hereunder or the safety standards of the industry; and/or
(6) A licensee or certificate holder hires, uses or knowingly assists a person who is not licensed or certified pursuant to this chapter to perform work for which a license or certificate is required pursuant to this chapter.
(b) When assessing administrative penalties in connection with any violation pursuant to this chapter, the OSFM may assess a maximum of one thousand dollars ($1,000) per violation.
(c) If the OSFM has reason to believe that any person, firm, association, corporation or other business entity is conducting a commercial kitchen exhaust system inspection and/or cleaning operation without a license or certificate, or who after the denial, suspension or revocation of a license or certificate is conducting any activities requiring licensing or certification under this chapter, the OSFM may issue to that person, firm, association or corporation an order to cease and desist its violation of this chapter and any failure to comply with such order may be enforced in the district court for Providence county.
(d) As to any certificate or license holder who has had three (3) violation determinations by the OSFM pursuant to this chapter, any subsequent violation of this chapter shall be referred to the department of the attorney general for prosecution, and such subsequent violation of this chapter shall be a misdemeanor, a conviction for which shall be punished by not more than one year in prison or a fine of not more than one thousand dollars ($1,000) or both. 23-28.40-8. Violations, appeals and judicial review.
(a) If the OSFM acts to deny a license or certificate application or renewal thereof or to suspend, revoke or place on probation a license or certificate or issue an administrative penalty, pursuant to § 23-28.40-7, the OSFM shall notify the applicant, licensee or certificate holder in writing which notice shall include notice of the right to appeal and opportunity for a hearing in accordance with chapter 35 of title 42 (“administrative procedures”).
(b) The right of appeal shall be to the Rhode Island fire safety code board of appeal and review.
(c) Any appeal to and hearing conducted by the fire safety code board of appeal and review pursuant to this section shall conform to the fire safety code board of appeal and review rules and regulations on hearings and appeals.
(d) Any applicant or licensee or certificate holder aggrieved by a final decision, modified decision or amended decision on its appeal by the fire safety code board of appeal and review, shall have the right to appeal such decision to the sixth division of the district court within thirty (30) days after the decision in conformity with § 23-28.3-6. 23-28.40-9. Responsibility of licensee for acts of agents. If a licensee is a firm or corporate entity, it is sufficient cause for the suspension or revocation of a license that any officer, director, owner, principal or trustee of the firm or corporate entity or any member, in the case of a partnership, has been found by the OSFM to have engaged in any act or omission that would be cause for refusing, suspending, or revoking a license to that party as an individual. Each licensee shall be responsible for the acts of any technician, inspector or cleaner or other employee acting as the agent for the licensee. 23-28.40-10. Severability. The provisions of this chapter are severable; and if any of the provisions are held to be invalid, the decision of the court respecting that provision or provisions shall not affect the validity of any other provision that can be given effect without that invalid provision.
SECTION 3. This act shall take effect on January 1, 2029.
