§ 23-28.2-14 - Enforcement. - Rhode Island Statutes

SECTION 23-28.2-14

   § 23-28.2-14  Enforcement. – (a) Within the division, there shall be an enforcement unit responsible for theinitiation of criminal prosecution of or civil proceedings against anyperson(s) in violation of the state Fire Safety Code or failure to comply withan order to abate conditions that constitute a violation of the Fire SafetyCode, chapters 28.1 – 28.39 of this title, and any rules or regulationsadded thereunder and/or the general public laws of the state as they relate tofires, fire prevention, fire inspections, and fire investigations. This unitwill consist of the state fire marshal, chief deputy state fire marshal, chiefof technical services, explosive technician, assistant explosive technicians,and the arson investigative staff, each of whom must satisfactorily complete atthe Rhode Island state police training academy an appropriate course oftraining in law enforcement or must have previously completed a comparablecourse. To fulfill their responsibilities, this unit shall have and mayexercise in any part of the state all powers of sheriffs, deputy sheriffs, townsergeants, chiefs of police, police officers, and constables.

   (b) The State Fire Marshal shall have the power to implementa system of enforcement to achieve compliance with the fire safety code, whichshall include inspections as provided for in § 23-28.2-20, the issuance offormal notices of violation in accordance with § 23-28.2-20.1, and theissuance of citations in a form approved by the State Fire Marshal and theChief Judge of the District Court. The State Fire Marshal, and his or herdesignee(s) as outlined in this chapter, may use the above systems ofenforcement individually or in any combination to enforce the State Fire SafetyCode.

   (c) The State Fire Marshal and all persons designatedspecifically in writing by the State Fire Marshal shall have the power to issuethe citations referenced in this chapter.

   (d) The following categories of violation of the Fire SafetyCode that can be identified through inspection shall be considered criminalviolations of the Fire Safety Code and be subject to the above issuance ofcitations:

   (1) Impediments to Egress:

   (A) Exit doors locked so as to prevent egress.

   (B) Blocked means of egress (other than locking and includesany portion of the exit access, exit or exit discharge).

   (C) Marking of exits or the routes to exits has becomeobstructed and is not clearly visible.

   (D) Artificial lighting needed for orderly evacuation is notfunctioning properly (this section does not include emergency lighting).

   (2) Maintenance:

   (A) Required devices, equipment, system, condition,arrangement, or other features not continuously maintained.

   (B) Equipment requiring periodic testing or operation, toensure its maintenance, is not being tested or operated.

   (C) Owner of building where a fire alarm system is installedhas not provided written evidence that there is a testing and maintenanceprogram in force providing for periodic testing of the system.

   (D) Twenty-four hour emergency telephone number of buildingowner or owner's representative is not posted at the fire alarm control unit orthe posted number is not current.

   (3) Fire Department Access and Water Supply:

   (A) The required width or length of a previously approvedfire department access road (fire lane) is obstructed by parked vehicles orother impediments.

   (B) Fire department access to fire hydrants or other approvedwater supplies is blocked or impeded.

   (4) Fire Protection Systems:

   (A) Obstructions are placed or kept near fire departmentinlet connections or fire protection system control valves preventing them frombeing either visible or accessible.

   (B) The owner, designated agent or occupant of the propertyhas not had required fire extinguishers inspected, maintained or recharged.

   (5) Admissions supervised:

   (A) Persons responsible for supervising admissions to placesof assembly, and/or any sub-classifications thereof, have allowed admissions inexcess of the maximum occupancy posted by the State Fire Marshal or his or herdesignee.

   The terms used in the above categories of violation aredefined in the definition sections of NFPA 1 and NFPA 101 as adopted pursuantto § 23-28.1-2 of this title.

   (e) A building owner, responsible management, designatedagent or occupant of the property receiving a citation may elect to pleadguilty to the violation(s) and pay the fine(s) through the mail within ten (10)days of issuance, or appear in district court for an arraignment on thecitation.

   (f) Notwithstanding subsection (e) above, all recipients ofthird or subsequent citations, within a sixty (60) month period, shall appearin district court for a hearing on the citation. If not paid by mail he, she orit shall appear to be arraigned on the criminal complaint on the date indicatedon the citation. If the recipient(s) fails to appear, the district court shallissue a warrant of arrest.

   (g) The failure of a recipient to either pay the citationthrough the mail within ten (10) days, where permitted under this section, orto appear in district court on the date specified shall be cause for thedistrict court to issue a warrant of arrest with the penalty assessed and anadditional five hundred dollar ($500) fine.

   (h) A building owner, responsible management, designatedagent or occupant of the property who receives the citation(s) referenced inthis section shall be subject to civil fine(s), which fine(s) shall be used forfire prevention purposes by the jurisdiction that issues the citation(s), asfollows:

   (1) A fine of two hundred fifty dollars ($250) for the firstviolation within any sixty (60) month period;

   (2) A fine of five hundred dollars ($500) for the secondviolation within any sixty (60) month period;

   (3) A fine of one thousand dollars ($1,000) for the third andany subsequent violation(s) within any sixty (60) month period;

   (i) No citation(s) as defined in this section, shall beissued pursuant to a search conducted under an administrative search warrantsecured pursuant to § 23-28.2-20(c) of this code. Any citation mistakenlyissued in violation of this subsection (i) shall be void and unenforceable.

   (j) The District Court shall have full equity power to hearand address these matters.

   (k) All violations, listed within subsection (d) above, shallfurther be corrected within a reasonable period of time established by theState Fire Marshal or his or her designee.