ARTICLE II. - FIRE CODE AND REGULATIONS
Part of the Code of Ordinances of Narragansett, RI.
The text
Footnotes:
--- (2) --- Editor's note— Ch. 924, § 1, adopted Nov. 2, 2009, enacted provisions intended for use in Art. II. Said provisions have been designated as Div. 2, regulation of open fires, §§ 26-23—26-31. In order to facilitate indexing, § 26-21 has been placed in Div. 1, tanks and Art. II, formerly titled fire code, has been redesignated as fire code and regulations.
State Law reference— Fire code, G.L. 1956, § 23-28.1-1 et seq.
DIVISION 1. - TANKS#
Sec. 26-21. - Installation of tanks for combustibles.#
(a)
Reserved.
(b)
Any such installation shall be subject to the provisions of the state fire code and all other applicable state or federal regulations and ordinances of the town.
(Code 1986, § 6-16; Ord. No. 1009, §§ 1, 2, 5-18-2015)
State Law reference— Flammable liquids, G.L. 1956, § 23-28.22-1 et seq.; hazardous substances, G.L. 1956, § 23-24-1 et seq.; liquefied petroleum gases, G.L. 1956, § 23-18.20-1 et seq.; fire safety code, G.L. 1956, § 23-28.1-1; smoking while dispensing gasoline, G.L. 1956, § 23-28.22-15; explosives, G.L. 1956, § 23-28.28-1 et seq.
Sec. 26-22. - Reserved.#
DIVISION 2. - REGULATION OF OPEN FIRES#
Sec. 26-23. - Purpose.#
The purpose of this division is to regulate open fires consistent with but outside the control of G.L. 1956, §§ 23-23-1 et seq. and 23-23.1-1 et seq., the Rhode Island Clean Air Act, and G.L. 1956, § 2-12-1 et seq., forest fires and prevention.
Pursuant to § 23-23-18(b) and (c) of the Rhode Island General Laws, the town may regulate and prohibit open fires for the health, safety and protection of its residents. (1)
In the event that an open fire or smoke emanating from any open fire, including but not limited to those exempt herein, is determined to cause an annoyance and nuisance to owners, lessees, occupants or persons in general, by way of fumes, soot, ashes, dust, smoke, odors, sparks and the like, then in such event, said fire shall be extinguished immediately upon notification by the fire chief or his/her designee.
(2)
If a determination is made that an open fire is causing an annoyance and nuisance and the open fire is not extinguished immediately, the fire chief or his/her designee may enter upon the property and extinguish said fire.
(3)
The Narragansett Fire Department shall enter and extinguish illegal fires upon private land and shall report the same to the fire prevention bureau or police department for prosecution.
(Ch. 924, § 1, 11-2-2009; Ch. 1080, § 2, 10-19-2020)
Sec. 26-24. - Definitions.#
Bonfire. A large fire built in the open air, for warmth, entertainment, or celebration, etc., or as a signal.
Open fire. The term open fire as used in chapter 26 shall be held to mean any fire from which the products of combustion are emitted directly into the open air without passing through a stack or chimney.
Permit. Official permit to kindle fire from the state department of environmental management, division of forest environment.
Solid waste. Garbage, refuse and other discarded solid material generated by residential, institutional, commercial, industrial and agricultural sources, but does not include solids or dissolved material in domestic sewage or sewage sludge, nor does it include hazardous waste as defined in the state hazardous waste management act, as amended.
(Ch. 924, § 1, 11-2-2009; Ch. 1080, § 2, 10-19-2020)
Sec. 26-25. - Prohibited.#
The following activities are prohibited: (a)
During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the property or in the immediate vicinity.
(b)
The burning of solid waste.
(c)
The burning of wood that has been treated with chemicals, paint, stain, or other finishing materials.
(d)
Open fires on any commercial property.
The bureau of fire prevention may, in writing, order every owner, lessee, occupant or any person having charge of premises described in this article, to remove materials, waste, or rubbish or accumulations thereof, from said premises within three days from the receipt of said order.
(Ch. 924, § 1, 11-2-2009; Ch. 1080, § 2, 10-19-2020)
Sec. 26-26. - Permit required.#
The following activities require a permit issued by the fire department: (a)
Permit required on public grounds. No person shall set or maintain any bonfire or other open fire of any kind or authorize any such fire to be set or maintained on any public ground without a permit issued by the chief of the fire department or the chief's designee. The permit may set such limitations or conditions as determined appropriate by the chief or the chief's designee.
(b)
Permit required for bonfires on private land.
(c)
Permit required for the burning of cut brush and leaves.
(Ch. 924, § 1, 11-2-2009)
Sec. 26-27. - Permit not required.#
The following activities do not require a permit issued by the fire department: (a)
A person may burn combustible material on any private residential land if the fire is contained in a burner with a closed or properly screened top, approved by the fire prevention bureau, including chimeneas or other movable, closed fire containers available for retail purchase. Fire rings and stone rings shall be allowed as long as all combustible materials are cleared to a minimum of seven feet away and the ring is less than 30 inches in diameter. Such fire containers are to be located safely on private residential property no less than 15 feet from any structure and ten feet from any property line or combustible fence.
(b)
Gas and charcoal fired grills.
(c)
Residential fires are limited to the period from sunrise to midnight.
(Ch. 924, § 1, 11-2-2009)
Sec. 26-28. - Attendance at fires.#
Every bonfire or other open or closed fire shall be constantly attended by a competent person until such fire is extinguished. A garden hose connected to a water supply or other fire extinguishing equipment shall be readily available for use.
(Ch. 924, § 1, 11-2-2009)
Sec. 26-29. - Exceptions.#
(a)
The chief of the fire department or his designee may prohibit any and all outdoor bonfires or other open fires whenever atmospheric conditions or other local circumstances may make such fires hazardous. The chief or the chief's designee shall have the authority to order extinguished any fire determined to be a public safety risk.
(b)
The chief of the fire department may authorize exceptions to this division and allow additional burning when the chief deems it necessary for the public convenience or welfare.
(Ch. 924, § 1, 11-2-2009)
Sec. 26-30. - Complaints on open burning.#
Upon receiving a formal complaint of open burning (name and address of complainant provided), the fire department will respond and investigate. If the officer in charge deems that the burning is a nuisance, as that term is defined in G.L. § 11-30-13, the fire shall be put out. If the complainant does not wish to file a formal complaint, then the fire department shall only do a safety check of the open burning.
(Ch. 924, § 1, 11-2-2009; Ch. 1080, § 2, 10-19-2020)
Sec. 26-31. - Penalties for violation.#
Any person found guilty of violating any section of this division shall, upon conviction, be punished in accordance with section 1-14 of this Code.
(Ch. 924, § 1, 11-2-2009)
DIVISION 3. - PERMITTING#
Sec. 26-32. - Permitting requirements.#
(a)
No building permit may be issued in the town without the review and prior approval of the chief of the fire department or his/her designee.
(b)
No mechanical permit for the modification or installation of liquefied petroleum gas may be issued in the town without the review and prior approval of the chief of the fire department or his/her designee.
(c)
No mechanical permit for the modification or installation of any fire suppression system may be issued in the town without the review and prior approval of the chief of the fire department or his/her designee.
(d)
No mechanical permit for the modification or installation of combustible or flammable liquids may be issued in the town without the review and prior approval of the chief of the fire department or his/her designee.
(e)
No electrical permit for the modification or installation of fire alarms may be issued in the town without the review and prior approval of the chief of the fire department or his/her designee.
(f)
No permit may be issued for the erection of a tent or air-supported structure in the town without the review and prior approval of the chief of the fire department or his/her designee.
(g)
No permit, certificate or license may be issued for any structure or process that is regulated by the provisions of the state fire safety code in the town without the review and prior approval of the chief of the fire department or his/her designee.
(h)
No permit for the display of outdoor fireworks or indoor pyrotechnics may be issued without a complete review and approval by the chief of the fire department or his/her designee.
(i)
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 chapter 26 shall be subject to prosecution in the municipal court or will be assessed a fine in accordance with this section prior to the issuance of their permit.
(j)
No permit shall be issued for construction requiring hot work without a HOT WORK PERMIT issued by the chief of the fire department or his/her designee.
(Ch. 1080, § 2, 10-19-2020)
Sec. 26-33. - Penalties for violation of permitting requirements.#
Any person found to be in violation of this code shall be fined up to but not exceeding $250.00 to be paid in full prior to the issuance of that entity's certificate of occupancy.
(Ch. 1080, § 2, 10-19-2020)
DIVISION 4. - EXCESSIVE AVOIDABLE FALSE FIRE ALARMS AND MALFUNCTIONS#
Sec. 26-34. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Avoidable false alarm means the activation of any alarm which results in the response of the fire department and is caused by the negligence or intentional misuse (including such activation caused by heat, smoke or fire) of the system by the owner or his/her/its employees, servants, agents or guests or any other activation including activation caused by heat, smoke or fire.
Avoidable fire alarm malfunction means the activation of any alarm which results in the response of the fire department and such activation is caused by mechanical failure, malfunction, improper installation or lack of proper maintenance; and for any other response for which the fire department personnel are unable to gain access to the premises for any reason, or are unable to determine, after reasonable inquiry, the apparent cause of the alarm activation.
The owner of any premises shall be responsible for any avoidable false alarms and avoidable false alarm malfunctions occurring at those premises. Incidents shall be cumulative for all realty held in that name, and fines for avoidable false alarms and avoidable false alarm malfunctions will be assessed to the owner of the premises according to the Narragansett Fire Department fee schedule.
After three avoidable false alarms or avoidable false alarm malfunctions in one twelve-month period, the owner of the premises will be notified via certified mail that subsequent avoidable false alarms will cause the owner to be assessed fines according to the fine schedule referenced in this section.
(Ch. 1080, § 2, 10-19-2020)
DIVISION 5. - KEY ACCESS BOXES#
Sec. 26-35. - Key access boxes.#
All commercial, large multi-unit residential structures, and 1, 2, and 3 family homes with a monitored alarm system in the town are required to provide emergency access to their building as outlined in the Narragansett Fire Department Key Access Box Standard. All applicable buildings shall install an approved key access box, provide updated keys for their premises, and maintain these boxes to the aforementioned standard. (See the key access regulations on file with the Narragansett Fire Department for details.)
(Ch. 1080, § 2, 10-19-2020)
DIVISION 6. - CROWD MANAGEMENT AND FIRE/FIRE WATCH DETAILS#
Sec. 26-36. - Crowd management and fire/fire watch details.#
In accordance with the Rhode Island Fire Code all places of assembly shall have a minimum of one uniformed fire fighter, and any additional uniformed fire fighters on duty when deemed necessary by the chief of the local fire department or his/her designee and shall be enforced as outlined in chapters twelve and thirteen in the Rhode Island Life Safety Code.
Furthermore, the fire chief or his/her designee shall have the authority to require a fire watch or fire detail as outlined in NFPA 1 and adopted by the State of Rhode Island as the Rhode Island Fire Code. 1.7.17 Standby and Fire Watch Personnel. 1.7.17.1. The AHJ shall have the authority to require standby fire personnel or an approved fire watch when potentially hazardous conditions or a reduction in a life safety feature exist due to the type of performance, display, exhibit, occupancy, contest, or activity; an impairment to a fire protection feature; or the number of persons present.
1.7.17.2. The owner, agent, or lessee shall employ one or more qualified persons, as required and approved, to be on duty.
1.7.17.2.1. The cost of standby fire personnel shall be at no cost to the AHJ.
1.7.17.3 Such standby fire personnel or fire watch personnel shall be subject to the AHJ's orders at all times and shall be identifiable and remain on duty during the times such places are open to the public, when such activity is being conducted, or as required by the AHJ.
[AHJ: authority having jurisdiction]
(Ch. 1080, § 2, 10-19-2020)
DIVISION 7. - FEE TABLES#
Sec. 26-37. - Plan review fee table.#
This fee schedule is governed by RIGL chapter 23-28.2, section 23-28.2-26 and is subject to change if an alternate fee schedule is adopted.
The town manager may waive, in writing, any fees in this section applicable to town-owned projects. Further, the town council may, in its discretion, waive in full the fee required in this section. Inspection Type Fee
Plan review—New single-family $75.00
Plan review—New two-family $125.00
Plan review—New three-family $175.00
Renovations, additions, alterations—Residential $50.00
Plan review—Commercial Cost of
Construction Fee
$500.00 or less $25.00
Over $500.00 but not over $1,000.00 $35.00
Over $1,000.00 but not over $2,000.00 $45.00
Over $2,000.00 but not over $500,000.00 $45.00+ (plus $6.00 per $1,000.00 or fraction thereof over $2,000.00)
Over $500,000.00 $3,033.00+ (plus $4.00 per $1,000.00 or fraction thereof over $500,000.00)
Re-inspection fee (If failed twice) $50.00
Tent permits (greater than 350 sq. ft.) $30.00
Fireworks $50.00
Underground tank removal—Residential $50.00
Underground tank removal—Commercial, flammable liquids $150.00
Underground tank removal—Commercial, combustible liquids $100.00
Narragansett Fire Department Fee Schedule Cost
Commercial master box registration $150.00
Local fire alarm registration $25.00
Fire code inspection (if violations are found) $100.00
Working without a required permit $250.00
Excessive avoidable alarms 0—3 = $0.00
4—10 = $150.00 per incident
11—30 = $200.00 per incident
30+ = $300.00 per incident
(Ch. 1080, § 2, 10-19-2020; Ch. 1093, § 1, 5-16-2022)