Rhode Island Code of Regulations Title 450 - Fire Safety Code Board of Appeal and Review
RHODE ISLAND CODE OF REGULATIONS (RICR) — TITLE 450
Fire Safety Code Board of Appeal and Review
Title 450 establishes the rules and procedures governing the Fire Safety Code Board of Appeal and Review, including the appeal process for fire safety code decisions, board operations, and enforcement of fire safety regulations.
DIVISIONS AND KEY RULES
Part 1 — General Provisions
Purpose:
To provide a formal procedure for appeals regarding fire safety code enforcement.
To ensure that fire safety regulations are applied fairly and consistently throughout Rhode Island.
Definitions:
Board: Fire Safety Code Board of Appeal and Review.
Applicant: Person or entity filing an appeal with the Board.
Fire Official: Fire marshal or local authority enforcing fire codes.
Fire Safety Code: Rhode Island fire safety regulations and standards adopted by the Board.
Part 2 — Board Structure and Authority
Composition:
The Board consists of members appointed by the Governor, typically including:
Fire safety professionals
Architects or engineers familiar with building codes
Representatives of building owners or businesses
Terms of Service:
Members serve fixed terms and may be reappointed.
Authority:
The Board can grant variances, approve alternative compliance methods, and review decisions of fire officials.
Part 3 — Appeals Process
Filing an Appeal:
Applicants may appeal decisions of a fire official regarding code compliance.
Appeals must be submitted in writing and include:
Identification of the property or facility
Statement of the decision being appealed
Basis for the appeal and any supporting documentation
Deadlines:
Appeals must be filed within a specified number of days after the official decision.
Hearing Procedures:
The Board holds hearings to consider evidence from the applicant, fire officials, and any other relevant parties.
Hearings are typically public, and parties may be represented by counsel.
Decisions:
The Board issues written decisions explaining the outcome, including any conditions or requirements for compliance.
Part 4 — Variances and Modifications
Authority to Grant Variances:
The Board may grant variances from specific fire safety code requirements if:
The alternative provides an equivalent level of safety
Compliance with the strict code would create undue hardship
Conditions:
Variances may include specific conditions that must be followed to maintain safety.
Part 5 — Enforcement
Implementation of Board Decisions:
Decisions of the Board are binding on the fire official and the property owner.
Failure to comply with conditions set by the Board may result in enforcement action.
Reporting:
The Board maintains records of appeals, decisions, and variance approvals.
Part 6 — Meetings and Procedures
Regular Meetings:
The Board meets on a scheduled basis to hear appeals and review policies.
Quorum:
A majority of appointed members must be present to conduct official business.
Recordkeeping:
Minutes of meetings, hearing transcripts, and final decisions are maintained as public records.
KEY POINTS
Purpose: Provides a formal appeal mechanism for fire safety code enforcement decisions.
Board Authority: Can grant variances, approve alternative compliance methods, and review decisions by fire officials.
Appeals: Must be submitted in writing, within deadlines, and may require a hearing.
Variances: Granted only if safety is equivalent and strict compliance creates hardship.
Enforcement: Board decisions are binding; noncompliance can lead to enforcement action.
Transparency: Meetings, decisions, and records are documented and maintained.
RELATED Blog
comments