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S 2523Product Safety

Health and Safety - Retail Establishments-Vehicle Safety Barriers

Retail businesses must install safety barriers like bollards to protect pedestrians and buildings from vehicle collisions.

Held for study
Population
Affected
42
Introduced Feb 13, 2026Committee Senate Commerce

Plain-English Summary

This legislation mandates that all retail establishments in Rhode Island install vehicle safety barriers, such as bollards or reinforced planters, to separate parking areas from pedestrian spaces like entrances and walkways. The requirement applies immediately to new construction and grants existing businesses a three-year window or until major renovations occur to retrofit their properties. These barriers must meet specific impact standards to stop low-speed vehicles. Non-compliance can result in civil penalties up to $5,000 and the potential suspension of occupancy permits. Insurance companies are permitted to offer discounts to compliant property owners.

For younger readers

This law requires stores to put up strong posts or heavy planters outside their buildings. These objects are called barriers. The barriers are placed there to stop cars in the parking lot from accidentally driving onto the sidewalk or crashing into the store. New stores must do this right away, while older stores have three years to get it done. If a store owner does not follow this rule, they could have to pay a large fine. These changes help keep workers and shoppers safe from cars moving near the store entrance.

Who & Where It Applies

Impacted groups
Retail business ownersCommercial landlordsConstruction contractorsInsurance companiesRetail employees
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Enhances physical safety for low-wage retail workers and pedestrians, protecting them from vehicle accidents while entering, exiting, or working near storefronts.
  • Prioritizes public welfare over corporate cost-cutting by mandating safety infrastructure that prevents avoidable injuries and fatalities in community spaces.
  • Encourages the creation of clearly defined pedestrian zones, potentially making commercial areas more accessible and safer for individuals with disabilities or limited mobility.
  • Imposes significant retrofitting costs on small, minority-owned, or independent businesses, potentially forcing them to close or raising prices for low-income consumers.
  • Utilizes a flat fine structure of up to $5,000 per violation, which disproportionately penalizes small business owners compared to large corporate chains with vast resources.
  • Could lead to "hostile architecture" designs where barriers are used not just for safety, but to restrict public gathering or loitering in community spaces.
For Conservatives
  • Encourages the protection of private property and assets by physically preventing vehicles from causing costly structural damage to buildings.
  • Allows for market-based incentives by permitting insurance companies to offer discounts to business owners who proactively reduce risk.
  • Provides a clear standard for liability protection, potentially reducing frivolous lawsuits against business owners regarding parking lot accidents.
  • Imposes a costly unfunded government mandate on private business owners, forcing them to spend capital on renovations regardless of their actual risk level.
  • Increases government bureaucracy by granting the state building code commission and local officials more power to inspect, fine, and shut down private enterprises.
  • Interferes with free enterprise and property rights by dictating specific construction standards and threatening to revoke occupancy permits for non-compliance.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 81 additions

SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter: 23-106-1. Short title. This chapter shall be known and may be cited as "Retail Establishments-Vehicle Safety Barriers". 23-106-2. Definitions. As used in this chapter:

(1) "Existing structure" means any retail establishment operating prior to the effective date of this chapter.

(2) "New construction" means any retail establishment for which a building permit is issued on or after the effective date of this chapter.

(3) "Owner" means the proprietor, operator, lessor, or sublessor of commercial real estate defined in § 34-49-2, which is utilized, in whole or in part, by a retail establishment.

(4) "Pedestrian-accessible area" means any sidewalk entrance, exit, patio, seating area, or walkway used by customers or employees.

(5) "Retail establishments" means all sales outlets, stores, shops, or other places of business located within the state, which operate primarily to sell or convey food or goods.

(6) "Vehicle barrier" means a safety device that meets, at a minimum, the vehicle impact protection standards as adopted and amended by the Rhode Island building code commission, and that is installed to protect persons located within or on the property or to protect pedestrians, from collisions into buildings by motor vehicles. 23-106-3. Installation of vehicle safety barriers. Owners, as part of any new construction or renovation requiring a building permit, shall install vehicle safety barriers to protect customers and employees. 23-106-4. Barrier location.

(a) New construction. All newly constructed retail establishments shall install safety vehicle barriers between parking areas, drive aisles, and any pedestrian-accessible areas.

(b) Existing structures. Retail establishments operating before the effective date of this chapter shall install safety vehicle barriers as follows:

(1) Within three (3) years of the effective date of this chapter; or

(2) Upon undertaking major exterior renovations requiring a building permit, whichever occurs first.

(3) At building entrances adjacent to parking lots or drive lanes.

(4) At ground-floor retail or commercial buildings with vehicle access within ten feet (10') of entrance.

(c) Barriers shall be placed to protect all primary building entrances, designate pedestrian walkways, outdoor dining areas, and any area where vehicles may reasonably pose a threat to customers or employees. 23-106-5. Barrier requirements.

(a) All applicable areas shall install one or more of the following:

(1) Crash-rated bollards (minimum ASTM F3016 S10 or equivalent).

(2) Reinforced planters (minimum twenty-four inches (24") wide, thirty-six inches (36") tall, immovable by hand).

(3) Concrete or steel vehicle barriers.

(4) Integrated seatwalls or anchored fencing capable of withstanding low-speed impact.

(5) Parking stops may be used in addition, but not as a primary barrier.

(b) Damaged or displaced barriers shall be repaired or replaced within thirty (30) days. 23-106-6. Spacing and placement of barriers.

(1) Bollards shall be placed no more than five feet (5') apart (measured center-to-center).

(2) Minimum three feet (3') setback from curb or parking stop to allow space for bumper overhang.

(3) Barriers shall line the full width of the vulnerable edge unless exempted by the local planning board 23-106-7. Performance standards.

(a) All safety vehicle barriers installed under this chapter shall comply with one of the following recognized standards:

(1) ASTM F3016 low-speed vehicle barrier standard;

(2) ASTM F2656 crash-rated barrier standard; or

(3) Any successor or equivalent nationally recognized safety standard approved by the state building code authority.

(b) Barriers shall be capable of resisting the impact of a vehicle traveling at not less than ten miles per hour (10 mph), or higher where site-specific risk assessments warrant.

(c) Barriers shall include bollards, planters, reinforced walls, guardrails, or other approved structures provided they meet performance requirements. 23-106-8. Enforcement and compliance.

(a) The state building code commission shall adopt rules and regulations to implement and enforce the provisions of this chapter within twelve (12) months of its effective date.

(b) Failure to comply with the requirements of this chapter shall result in:

(1) A civil penalty not exceeding five thousand dollars ($5,000) per violation; and

(2) Possible suspension of applicable occupancy permits until compliance is achieved.

(c) Local governments may enact more stringent protective-barrier ordinances. 23-106-9. Insurance discount.

(a) An insurer shall consider the installation of vehicle barriers as a safety measure and may provide or offer a discount on the owner's insurance covering damage or loss to the covered commercial real estate or liability arising out of the ownership, maintenance, or use of the commercial real estate relative to the reduced risk to the property as a result of the installation of the vehicle barrier(s).

(b) The insurer shall notify the insured of any discount applied pursuant to this section. 23-106-10. Exemptions.

(a) Retail establishments with no customer-accessible exterior entrance adjacent to vehicle- accessible areas may request exemption, from this chapter.

(b) Exemptions shall be approved by the local building code authority following a documented safety assessment.

SECTION 2. This act shall take effect upon passage.