ARTICLE II. - INSPECTIONS, COMPLIANCE AND VIOLATIONS OF FIRE SAFETY CODE

Sec. 5-31. - Inspection of nonresidential structures and dwelling generally.#

(a)

The chief of the department or his designate is hereby authorized and directed to make inspections to determine the condition of any nonresidential structure or dwelling place of four or more units in order that he may perform the duty of safeguarding the health, safety and welfare of the occupants of nonresidential structures or dwelling places of four or more units, and of the general public. For the purpose of making such inspections the chief of the department or his designate is hereby authorized to examine and survey between the hours of 8:00 a.m. and 5:00 p.m. any nonresidential structure or dwelling place of four or more units. The chief of the department or his designate and the owner, occupant, or other person in charge of any nonresidential structure or dwelling place of four or more units may agree to an inspection by appointment at a time other than the hours provided in this section.

(b)

The fire department shall assess an inspection fee of $100.00 per inspection for any inspection performed by the fire department's fire alarm inspector pursuant to chapter 5 of the revised ordinances of the City of East Providence or any provision of the Rhode Island Fire Safety Code including any rule or regulation of the state fire marshal pertaining to the inspection for final approval of any approved fire alarm system or fire suppression system. In the case of any commercial, industrial, manufacturing, educational, religious or governmental use, the fee shall be payable by the licensee of the property inspected if the occupant of the property inspected holds any license issued by the State of Rhode Island and Providence Plantations Department of Labor and Training. Otherwise, the fee shall be payable by the lessee of the property inspected or, if none, then by the owner of the property. In the case of any residential property, the fee shall be payable by the owner of the property.

The fee shall be waived if, after the final acceptance inspection, no violation of any provision of the revised ordinances of the City of East Providence or the Rhode Island Fire Safety Code including any rule or regulation of the state fire marshal has been found. Each subsequent reinspection shall constitute an inspection for which a separate fee of $100.00 shall be payable. The foregoing fee waiver provision shall not apply in the case of any inspection required for the board of licenses for the issuance or transfer of any license under its jurisdiction. No inspection fee shall be assessed against the city or any department, board, or commission thereof.

(Rev. Ords. 1987, § 5-8; Ch. 486, § I, 8-11-09)

Sec. 5-32. - Right of access for inspection.#

(a)

The owner, operator or occupant of every nonresidential structure or dwelling place of four or more units or the person in charge thereof shall give the chief of the department or his designate free access to such nonresidential structure or dwelling place of four or more units between the hours of 8:00 a.m. and 5:00 p.m. for the purposes of inspection, examination and survey. Every occupant of a nonresidential structure or dwelling place of four or more units shall give the owner or operator thereof or any person designated by the owner or operator access to any part of such nonresidential structure or dwelling place of four or more units between the hours of 8:00 a.m. and 5:00 p.m. for the purpose of examination and for making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any rule or regulation adopted pursuant thereto or with any notice of violation pursuant to the provision of this article. The chief of the department or his designate and the owner, occupant, or other person in charge of nonresidential structures or dwelling place of four or more units may agree to an inspection by appointment at a time other than the hours provided in this section.

(b)

If any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure, operation, or premises where inspection authorized by this Code is sought, the chief of the department or his designate may:

(1)

Seek in a court of competent jurisdiction a search warrant so as to apprise the owner, occupant, or other person concerning the nature of the inspection and justification for it, and may seek the assistance of police authorities in presenting the warrant; and/or

(2)

Revoke or suspend any license, permit, or other permission regulated under this Code where inspection of the structures, operation or premises, is sought to determine compliance with this Code.

(Rev. Ords. 1987, § 5-9)

Sec. 5-33. - Notice of violation generally.#

(a)

Whenever the chief of the department or his/her designate determines that there are reasonable grounds to believe that there is a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall be in writing, shall set forth the alleged violation, and shall describe the nonresidential structure or dwelling place of four or more units or three family residential structures only for the sole purpose of interconnected smoke and carbon monoxide detectors where the violations are alleged to exist or to have been committed.

(b)

The notice shall provide for the time the alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on the alleged violation may be filed with the fire safety code board of appeal and review within 30 days after service of the notice. The notice will be deemed properly served upon a person if a copy thereof is served him or her personally, by the authority having jurisdiction or any other person having authority to serve process, or sent by registered or certified mail to his or her last known address, or if he or she is served with notice by any other method of service now or hereafter authorized in a civil action under the laws of this state. If no written request for a hearing is made to the fire safety code board of appeal and review within 30 days of the service of notice, the notice shall automatically become a compliance order. The authority issuing the notice of violation shall have the power to extend in writing the time in which the alleged violation shall be remedied if the authority shall find, to the authority's satisfaction, that a good faith effort is being made to remedy the violation, and that the extension of time to remedy the violation will not result in a significant threat to life safety.

(c)

If a person upon whom a notice of violation has been served under the provisions of this section or if a person aggrieved by any such notice of violation requests a hearing before the fire safety code board of appeal and review within 30 days of the service of notice of violation, the Board shall set a time and place for the hearing, and shall give the person requesting that hearing notice as outlined in R.I.G.L. § 23-28.3-5. After the hearing, the board may make findings of fact and shall sustain, modify, or withdraw the notice of violation. If the board sustains or modifies the notice, that decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice in this section.

(d)

The compliance order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in the order.

(e)

Whenever a compliance order has become effective, whether automatically where no hearing has been requested, or upon decision following a hearing, the fire marshal may institute injunction proceedings in the district court of the state for enforcement of the compliance order and for appropriate temporary relief, and in that proceeding the correctness of a compliance order shall be presumed and the person attacking the order shall bear the burden of proving error in the compliance order. The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law. The district court shall have full equity power to hear and address these matters.

(f)

The chief of the department or his/her designate shall have the right to prosecute for any provision of this article or of any rule or regulation adopted pursuant thereto, and is hereby authorized to execute all warrants, for the violation of laws, rules, and regulations relating to this chapter and to serve subpoenas issued for the trial of all offenses against the laws, rules, and regulations relating to this chapter.

(g)

Any property owner, lessee or other person who violates or fails, or refuses to comply with the provisions of the state Fire Safety Code or the provisions of this section shall be subject to prosecution in the East Providence municipal court and/or the Rhode Island district court through the Rhode Island State Fire Marshal's office.

(h)

Any party aggrieved by a final judgment of the district court may, within 30 days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari.

(Rev. Ords. 1987, § 5-10; Ch. 644, § II, 4-5-16)

Sec. 5-34. - Reserved.#

Editor's note— Ch. 644, § III, adopted April 5, 2016, repealed § 5-34, which pertained to when second notice of violation to become a compliance order; service of compliance order and derived from Rev. Ords. 1987, § 5-11.

Sec. 5-35. - Reserved.#

Editor's note— Ch. 698, § V, adopted February 20, 2018, repealed § 5-35. Former § 5-35 pertained to issuance of immediate compliance order and derived from Rev. Ords. 1987.

Sec. 5-36. - Reserved.#

Editor's note— Ch. 644, § IV, adopted April 5, 2016, repealed § 5-36, which pertained to appeals from compliance orders generally—authorized and derived from Rev. Ords. 1987, § 5-13.

Sec. 5-37. - Same—Application.#

Application for such an appeal may be made whenever it is alleged that the compliance order does not conform with the true intent of this article or of the rules and regulations adopted pursuant thereto, that the compliance order is contrary to law, that the provisions of this article do not fully apply or that the unusual conditions of unnecessary hardship will result from the literal enforcement of article provisions. Any eligible person desiring to make an appeal shall file in the office of the board within ten days after service of the compliance order a written appeal including a brief statement of the reasons therefor, and a copy of such appeal shall be forwarded immediately to the chief of the department or his designate.

(Rev. Ords. 1987, § 5-14)

Sec. 5-38. - Same—Fee.#

Fees for such appeals or petitions for variances shall be in accordance with R.I.G.L. § 23-28.3-5.

(Rev. Ords. 1987, § 5-15; Ch. 456, § I, 7-15-08)

Sec. 5-39. - Same—Effect.#

An appeal to the board shall stay all proceedings under the compliance order from which such appeal has been taken, except that the chief of the department or his designate may certify to the board after the receipt of the notice of the appeal as provided in section 5-37, that by reason of the facts stated in the certificate, any stay or proceedings would in his opinion cause a direct hazard or immediate peril to the health or safety of the occupants of a nonresidential structure or dwelling place of four or more units, and in such event proceedings shall not be stayed, except by a stop order granted by the chair or the acting chair or the board on application therefor by the appellant upon notice to the chief of the department or his designate and due cause shown or by a restraining order granted by a court of competent jurisdiction. Whenever a stop order has been issued, the appeal shall be given priority over all matters before the board and shall be promptly heard and decided.

(Rev. Ords. 1987, § 5-16)

Sec. 5-40. - Same—Court review.#

(a)

Any building owner aggrieved by any decision of the board refusing to grant a variation pursuant to the provisions provided in state statute may, within 30 days after such decision, commence an action in the sixth division of the district court against the chief of the department or his designate for a review of such decision. A party aggrieved by a final order of the court may seek review thereof in the Supreme Court by a petition for writ of certiorari in accordance with the procedures contained in state statute.

(b)

Any person aggrieved by the enforcement against him of the fire safety code, any safety code adopted under this chapter, or any amendments thereof may, after its effective date, commence an action in the superior court for the county in which the building involved is located against the chief of the department or his designate to set aside such code or codes or portion or portions thereof on the ground that it is unlawful or unreasonable. The court may set aside such code or codes or portion or portions thereof if, upon all the evidence, it appears to the court that such code or codes or portion thereof is unlawful or unreasonable.

(c)

In any proceedings under this section, the court shall order notice to be given to the board and to the chief of the department or his designate in such manner as it shall determine. Any such proceeding and the pleadings therein shall be governed by the laws and rules of practice applicable to other civil actions in such court.

(Rev. Ords. 1987, § 5-17)

Sec. 5-41. - Repair, etc., by chief inspector upon failure of violator to comply with immediate compliance order; recovery of costs.#

(a)

Whenever any violation of this article which in the opinion of the chief of the department or his designate causes a direct hazard or immediate peril to the health, safety or welfare of the occupants of a nonresidential structure or dwelling place of four or more units or of the public has not been corrected in the time specified by the immediate compliance order, he may, subject to the provisions of section 5-39, take such direct action as is necessary to alleviate the violation causing the direct hazard or immediate peril, provided that the cost of the repairs and action will not exceed 50 percent of the fair market value of the structure to be repaired.

(b)

Notice of the intention to make repairs or take other corrective action shall be served upon the owner, operator, or agent pursuant to section 5-33. Every owner, operator, or agent of a nonresidential structure or dwelling place of four or more units, who has received notice of the intention of the chief of the department or his designate to make repairs or take other corrective action, shall give entry and free access to the agent of the chief of the department or his designate for the purpose of making repairs.

(c)

Any owner, operator, agent, or occupant of a nonresidential structure or dwelling place of four or more units, who refuses, impedes, interferes with, hinders, or obstructs entry by the agent pursuant to a notice of intention to make repairs or take other constructive action, shall be subject to a civil penalty of $25.00 for each failure to comply with this section.

(d)

When certified by the chief of the department or his designate, the costs incurred in the execution of the immediate compliance order shall be paid out of the city treasury from funds made available for such purposes to the chief of the department or his designate.

(e)

The owner, operator or occupant of the nonresidential structure or dwelling place of four or more units who is responsible for the immediate compliance shall be served a notice stating the amount of the expenses incurred by the chief of the department or his designate in executing the immediate compliance order. Such notice shall be served in the manner provided in section 5-33.

(f)

Such expenses shall be paid for by the responsible person on whom the notice is served, and unless the expenses are paid within 30 days after such notice is served, the chief of the department or his designate shall certify the expenses to the city solicitor who shall institute appropriate action against such person for the recovery of such expenses. In every case, certified expenses shall be the costs necessary to perform the required work as expeditiously as possible, together with ten percent service charge in the addition thereto.

(Rev. Ords. 1987, § 5-18)

Sec. 5-42. - Reserved.#

Editor's note— Ch. 644, § V, adopted April 5, 2016, repealed § 5-42, which pertained to hearing upon notice of violation and derived from Rev. Ords. 1987, §§ 5-19—5-21.

Sec. 5-43. - Reinspection upon expiration of compliance order.#

At the end of the time period specified in the compliance order or any extension thereof it shall be the duty of the chief of the department or his designate to make a reinspection of the nonresidential structure or dwelling place of four or more units, or the premises thereof and if the order has not been complied with, the chief of the department or his designate shall institute proper legal action or make such further orders as the case may require.

(Rev. Ords. 1987, § 5-22)

Sec. 5-44. - Demolition deemed compliance with compliance order.#

Any owner of a nonresidential structure or a dwelling place of four or more units receiving a notice of violation or a compliance order stating that such building or dwelling does not comply with the provisions of this article or of the rules and regulations adopted pursuant thereto may demolish such building or dwelling, and such action shall be deemed compliance; except such owner shall comply with the state building code rules and regulations regarding the demolition of buildings and dwellings.

(Rev. Ords. 1987, § 5-23)

Sec. 5-45. - Transfer of ownership, etc., after notice of violation; duty of transferee, etc., with notice.#

(a)

All subsequent transferees of the nonresidential structure or dwelling place of four or more units in connection with which a second notice has been so recorded, shall be deemed to have notice of the continuing existence of the violations alleged, and shall be liable to all penalties and procedures provided by this chapter and by applicable rules and regulations issued pursuant thereto to the same degree as was their transferor.

(b)

It shall be unlawful for the owner of any nonresidential structure or dwelling place of four or more units upon whom a notice of violation or compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another until the provisions of the notice of violation or compliance order have been complied with or until such owner shall first furnish to the grantee, lessee or mortgagee prior to such transfer, lease or mortgage a true copy of any notice of violation or compliance order issued by the chief of the department or his designate and at the same time notify the chief of the department or his designate in writing the intent to transfer, lease or mortgage either by delivering such notice of intent to the chief of the department or his designate and receiving a receipt therefor or by registered or certified mail, return receipt requested, giving the name and address of the person to whom the transfer, lease or mortgage is proposed. A transferee, lessee or mortgagee who has received actual or constructive notice of the existence of a notice of violation or compliance order is bound by such notice of order as of the date of such transfer, lease or mortgage without service of further service upon him.

(Rev. Ords. 1987, § 5-24)

Sec. 5-46. - Recordation of notices and orders.#

Whenever a second notice of violation or a compliance order has been issued for a violation of this article or any rule or regulation adopted pursuant thereto, and no appeal has been taken, the chief of the department or his designate shall file in the office of the recorder of deeds a copy of the notice or order. The notice, once recorded, shall be effective for a period of three years from the date of the recording, and, in the absence of an intervening renewal by the chief of the department or his designate, shall cease to be a notice of violation at the expiration of the three-year term. Notices already of record as of June 18, 1985 will, in the absence of an intervening renewal by the chief of the department or his designate, cease to be a notice of violation at the expiration of three years.

(Rev. Ords. 1987, § 5-25)

Sec. 5-47. - Solicitation at fire scenes—prohibited conduct.#

(a)

The city fire marshal, and/or any of the assistant city fire marshal, fire alarm inspector, and/or other city officials, including, without limitation, police, fire, and building official, shall prohibit any and all insurance adjusters, contractors, and restoration companies from entering onto the property or be within 1,000 feet of where the fire occurred to engage in any solicitation or inspection of the fire loss without the consent of the owner or occupant of the property and not until such time as either the city fire marshal, assistant fire marshal, fire alarm marshal or other city official releases control of the premises back to its legal owner(s) or occupant(s).

(b)

After issuance of a municipal court citation issued by any of the officials as noted above, any insurance adjuster, contractor, or restoration company adjudicated in the East Providence Municipal Court to be in violation of the provisions of subsection(a) may be fined up to five hundred dollars ($500.00) for each violation.

(Ch. 941, § I, 8-19-25)

Secs. 5-48. - Reserved.#

Editor's note— Ch. 698, §§ VI, VII, adopted February 20, 2018, repealed §§ 5-47 and 5-48. Former §§ 5-48 and 5-49 pertained to notice of violation and intent to condemn and order to vacate and derived from Rev. Ords. 1987.

Sec. 5-49. - Safety protection for drive-through businesses.#

Every business which utilizes drive-through service lanes must install a six-inch steel pipe, concrete filled, to be placed within two feet of the property owner's gas meter to protect such meters from being accidentally struck while vehicles are moving through the drive-through lane.

(Rev. Ords. 1987, § 5-28)

Sec. 5-50. - Reserved.#

Editor's note— Ch. 698, § VIII, adopted February 20, 2018, repealed § 5-50. Former § 5-50 pertained to closure and/or removal of underground tanks and derived from Ch. 129, adopted June 6, 2000.

Sec. 5-51. - Reserved.#

Editor's note— Ch. 665, § I, adopted March 7, 2017, repealed § 5-51, which pertained to zoning certificate required for smoke detector/carbon monoxide inspection appointment and derived from Ch. 217, adopted August 13, 2002.