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)