Understanding Fire Code Requirements

If your property is rented to more than 5 individuals on a short-term basis, then you may be required to install fire protection systems before your Transient Guest House facility application is approved.

Under the Rhode Island State Fire Code, any transient dwelling unit hosting between 6 and 16 guests is classified as a Lodging and Rooming establishment and carry different fire protection requirements, with a fire alarm system and sprinklers being required, among other protection features.

Notice to Property Owners
Effective May 2022, all Guest House licenses must be approved by the Newport Fire Department and inspected for how they are being used.

In accordance with the Rhode Island State Fire Code, the use of a given property will determine its Occupancy Classification.

For residential occupancies the classifications are:

One and Two-Family Dwellings
Three-Family Dwellings
Apartments
Lodging and Rooming Houses (i.e. Bed and Breakfast and Congregate Living Facilities)
Hotels-Dormitories.

Please refer to the Occupancy Requirement listed under the Helpful Links tab for more information on specific classifcations. For answers to other commonly asked questions, please see below.

Frequently Asked Questions

What has changed? I received Fire Department approval for the past several years why am I not approved now?

The occupancy classifications and code requirements have not changed. The guest house licenses and inspections have shown a great deal of inaccuracies in the application and in the advertising that have warranted a closer look to ensure the safety of the occupants.

What if I disagree with classification or how the Newport Fire Department is enforcing the code?

Every customer has the right to go before the Fire Board of Appeal and Review and request a variance for relief from the code, a time variance allowing time for the deficiency or violation to be corrected or both time and relief. Newport Fire will assist in the application process. The Rhode Island State Fire Marshal website will have the information as well.

What is an Occupancy Classification?

The occupancy classification is how the building is being used. This is what defines the building. For example, A single family home is no longer classified by fire code as a single-family home once it is rented to 4 individuals without individual cooking facilities, it is now classified as Lodging and Rooming.
Occupancy classifications are defined in Chapter 6 of NFPA 101.

What is the Fire Code in Rhode Island?

The current fire code was adopted by the state July 1, 2021. The Rhode Island Fire Safety Code is NFPA 1 2018 Edition, NFPA 101 2018 Edition, NFPA 72 2019 Edition and the 2021 Rhode Island Amendments.

What is the inspection process? How long will it take?

If the applicant is aware of the requirements and is code compliant the inspection will take minutes. If there are multiple deficiencies/violations, once they are remedied an approval will be issued.

How do I request an Fire inspection?

You can request an inspection for Guest House fire approval by emailing the Newport Fire Prevention Office at fdguesthouse@cityofnewport.com. Please specify in the email the address, contact information, the year of construction, and the number of units in the structure.

How do I know what Occupancy Classification I am?

Please refer to the Residential Occupancy Classifications sheet for classification definitions and also links to the requirements for each.

Will I have to go through this every year?

An application for a Guesthouse License will be required to be submitted each year however it may not require an inspection. Newport Fire will document the date of inspection and manufacture date of detectors. If quarterly or semiannual fire alarm tests are part of your requirements then those may suffice. We will be looking and verifying how the rental is being advertised. If it does not match the application or previous use then another inspection will be required.

Will there be a grace period prior to inspection or during the inspection process that allows us to continue business as we have been operating for years?

No guest house should be operating without a current Guest House License issued by the City of Newport.

Depending upon the level of fire protection present, a Guest House License may be approved by Newport Fire while work is being completed within Fire Board of Appeal time variances.

What is the inspection process? How long will it take?

There are currently over 500 guesthouse licenses in the City of Newport. Many of those are already code compliant for their use. Those that have prior approval and are advertising as the application states and need an inspection will be top priority to not delay any current business.

If the applicant is aware of the requirements and is code compliant the inspection will take minutes. If there are multiple deficiencies/violations, once they are remedied an approval will be issued.

I was approved for 5 bedrooms by the City of Newport’s Zoning Department why am I limited by the fire code to 5 guests.

The fire code does not limit the number of guests or bedrooms, the fire code requires specific fire protection requirements based on the number of occupants/use.

If I have multiple units in my building can I fill out one application?

No. An application for each dwelling unit must be submitted.

Rhode Island Fire Code exempts One-and-Two Family Dwellings from the fire code except at the time of sale for smoke and carbon monoxide compliance, why am I even being inspected and held to current fi

The use of the building determines whether or not your structure is no longer a One or Two Family Dwelling.

The City of Newport Ordinance allows for my property to be used for the sailing community, will I be exempt from the fire code requirements?

No. The local ordinances permit the use of these in specific zoning districts however, the occupancy still is required to be protected for its use per Rhode Island Fire Safety Code.

Can I change my application and reduce the number of guests and/or rooms while I am waiting for the inspection or compliance?

You can change the application but you still are required to have a Guest House approval prior to renting. The application may be updated to a lower number of guests which may have a lesser fire protection requirement. Part of the application review is how the residence is being advertised. If the advertisement and the application are in sync and the structure is inspected and compliant to it’s use, an approval will occur.

I am providing only a thirty-day rental or greater does this exclude me from the requirements of those less than thirty days?

No. The use of the building is still how it is being used regardless of the timeframes.

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In This Section

Understanding Fire Code Requirements

Please refer to the Occupancy Requirement listed under the Helpful Links tab for more information on specific classifcations. For answers to other commonly asked questions, please see below.

Frequently Asked Questions

What has changed? I received Fire Department approval for the past several years why am I not approved now?

What if I disagree with classification or how the Newport Fire Department is enforcing the code?

What is an Occupancy Classification?

What is the Fire Code in Rhode Island?

What is the inspection process? How long will it take?

How do I request an Fire inspection?

How do I know what Occupancy Classification I am?

Will I have to go through this every year?

Will there be a grace period prior to inspection or during the inspection process that allows us to continue business as we have been operating for years?

What is the inspection process? How long will it take?

I was approved for 5 bedrooms by the City of Newport’s Zoning Department why am I limited by the fire code to 5 guests.

If I have multiple units in my building can I fill out one application?

Rhode Island Fire Code exempts One-and-Two Family Dwellings from the fire code except at the time of sale for smoke and carbon monoxide compliance, why am I even being inspected and held to current fi

The City of Newport Ordinance allows for my property to be used for the sailing community, will I be exempt from the fire code requirements?

Can I change my application and reduce the number of guests and/or rooms while I am waiting for the inspection or compliance?

I am providing only a thirty-day rental or greater does this exclude me from the requirements of those less than thirty days?

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