Bill Sponsors
Azzinaro, Kennedy, Phillips, and Corvese
Committee
House Corporations
Summary
Select
This legislation requires Rhode Island retail establishments to install vehicle safety barriers, such as bollards or reinforced planters, to protect pedestrians, customers, and employees from motor vehicle collisions. The mandate applies immediately to new construction and grants existing businesses three years, or until a major renovation occurs, to retrofit their properties. The barriers must meet specific safety standards and be placed near entrances, walkways, and outdoor dining areas. Non-compliance can result in fines up to $5,000 and potential suspension of occupancy permits. Insurance companies may offer discounts to compliant businesses.
Sponsor
Analysis
Pros for Progressives
- Enhances workplace safety for retail employees who work near entrances, curbside pickup zones, or outdoor seating areas by providing necessary physical protection from vehicular accidents.
- Promotes a pedestrian-friendly environment and community well-being by ensuring that sidewalks, outdoor dining spaces, and public gathering areas are safe from errant vehicles.
- Holds commercial property owners accountable for public safety standards, ensuring that businesses prioritize the physical safety of the community over cost-cutting measures regarding property maintenance.
Cons for Progressives
- Imposes significant financial burdens on small, independent, and minority-owned businesses that may struggle to afford the high costs of retrofitting existing structures within the three-year deadline.
- Utilizes a flat fine structure of up to $5,000 per violation, which disproportionately penalizes smaller local businesses compared to large corporate chains that can easily absorb such costs.
- Could lead to the closure of local community shops or increased prices for essential goods in low-income neighborhoods as business owners pass the mandatory renovation costs down to consumers.
Pros for Conservatives
- Encourages the protection of private property and capital assets by mitigating the risk of extensive structural damage to buildings caused by accidental vehicle collisions.
- Promotes market-based incentives by allowing insurance companies to offer premium discounts to business owners who proactively improve safety measures on their properties.
- Enhances public order and safety in commercial zones without creating a new tax, relying instead on property owners to secure their own premises against liability.
Cons for Conservatives
- Constitutes a heavy-handed government mandate that forces private business owners to incur significant construction costs without any state funding or compensation (an unfunded mandate).
- Infringes on the rights of property owners to manage their own real estate and assess risks without interference from state bureaucrats and building commissions.
- Creates a new layer of regulatory red tape and allows the government to levy excessive fines or shut down businesses via occupancy permit suspension for non-compliance.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Retail Business Owners
- Commercial Landlords
- Construction and Paving Companies
- Pedestrians and Shoppers
- Commercial Insurance Providers
Towns Affected
All
Cost to Taxpayers
Retail Owners: $2,000 - $20,000+ per location depending on size
Revenue Generated
$5,000/fine per violation
BillBuddy Impact Ratings
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to House Corporations
Bill Text
SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter: CHAPTER 106 RETAIL ESTABLISHMENTS-VEHICLE SAFETY BARRIERS
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 LC003431 - Page 2 of 5 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. LC003431 - Page 3 of 5
SECTION 2. This act shall take effect upon passage.
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 LC003431 - Page 2 of 5 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. LC003431 - Page 3 of 5
SECTION 2. This act shall take effect upon passage.