Chapter 5 FIRE PREVENTION [1]
ARTICLE I. - IN GENERAL
ARTICLE II. - INSPECTIONS, COMPLIANCE AND VIOLATIONS OF FIRE SAFETY CODE
ARTICLE III. - HAZARDOUS MATERIALS MONITORING PROGRAM
FOOTNOTE(S):
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Charter reference— Department of fire, § 8-1 et seq.(Back)
Cross reference— Buildings and building regulations, ch. 4; hazardous waste storage and disposal, § 4-332; ventilation and fire prevention in nonresidences, § 4-386 et seq.; disposal of trade or hazardous wastes, § 6-33; police and fire alarms, § 8-331 et seq.; firemen's and policemen's pension fund, § 11-231 et seq.; fire lanes, § 18-106; zoning regulations for gasoline filling stations, § 19-186 et seq.; zoning regulation of hazardous waste facilities, § 19-245 et seq.(Back)
State Law reference— Fire safety, G.L. 1956, § 23-28.1-1 et seq.; fire companies, etc., G.L. 1956, § 45-18-1 et seq.; ordinances to be equal or more stringent than fire safety code, G.L. 1956, § 23-28.1-2; interference with fire alarm apparatus, G.L. 1956, § 11-4-10; fire alarm systems, G.L. 1956, § 23-28.25-1 et seq.; approval by town required, G.L. 1956, § 23-28.25-2; compliance with state law required, G.L. 1956, § 23-28.25-1; firemen, etc., G.L. 1956, § 45-18-1 et seq.(Back)
Sec. 5-1. Fire code adopted.
Sec. 5-2. Amendments.
Sec. 5-3. Jurisdiction defined.
Sec. 5-4. Establishment and duties of division of fire prevention.
Sec. 5-5. Reserved.
Sec. 5-6. Reserved.
Sec. 5-7. New materials, processes or occupancies which may require permits.
Sec. 5-8. Attendance at entertainments or assemblies; application and fees generally.
Sec. 5-9. Charges for emergency medical services—Authorization.
Secs. 5-10—5-30. Reserved.
The city hereby adopts the Rhode Island Fire Safety Code (RIFSC) as provided for in R.I.G.L. chapters 28.1—28.39 which includes NFPA 1, Fire Code.
(Ch. 455, § I, 7-15-08; Ch. 698, § I, 2-20-18)
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.
The Rhode Island Fire Safety Code, as adopted by section 5-1, is hereby amended, deleted from and added to as follows:
(NFPA 1) 10.11 Open Flame, Candles, Open Fires, and Incinerators.
(NFPA 1) 10.11.1 Permits. (Amd)
Permits, where required, shall comply with Section 1.12 of NFPA 1 (2012 edition).
(NFPA 1) 10.11.1.1 (Amd)
Permits shall not be required for cooking and recreational fires. All other types of fire require a permit (see 10.11.4.2.1 (Add))
(NFPA 1) 10.11.1.2
Where burning is conducted on public property or the property of someone other than the permit applicant, the permit applicant shall demonstrate that permission has been obtained by the appropriate government agency, the owner, or the owner's authorized agent.
(NFPA 1) 10.11.1.3
When limits for atmospheric conditions or hours restrict burning, such limits shall be designated in the permit restrictions.
(NFPA 1) 10.11.1.4
Instructions or stipulations of permit shall be followed.
(NFPA 1) 10.11.2
The AHJ shall have the authority to prohibit any or all open flames, candles, and open, recreational, and cooking fires or other sources of ignition, or establish special regulations on the use of any form of fire or smoking material where circumstances make such conditions hazardous.
(NFPA 1) 10.11.3 Outdoor Fires.
(NFPA 1) 10.11.3.1
Outdoor fires shall not be built, ignited, or maintained in or upon hazardous fire areas, except by permit from the AHJ.
(NFPA 1) 10.11.3.2
Permanent barbecues, portable barbecues, outdoor fireplaces, or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.
(NFPA 1) 10.11.4 Open Fires.
(NFPA 1) 10.11.4.1
Permitted open fires shall be located not less than 50 feet (15m) from any structure.
(NFPA 1) 10.11.4.2 (Amd)
Burning hours shall be daylight until 11:00 PM.
(NFPA 1) 10.11.4.2.1 (Add)
No person shall kindle or maintain (without permit) any fire or authorize any such fire to be kindled or maintained with the following exceptions:
1. Cooking of food on barbecues or charcoal grills. Cooking on these devices shall be in preparation of a meal.
2. Propane/natural gas fire places/pits officially designed and listed as an outdoor fire place/pit shall be permitted. Fire places/pits shall be operated according to manufactures instructions in a safe manner.
A. Fire places/pits shall not be left unattended.
B. Adult supervision is required at all times.
C. Propane tanks shall be listed, in good condition and have a current certification.
3. Fires authorized by the fire department for the purpose of training firefighters and retarding the spread of fire.
4. Ceremonial burning. Burning that is an integral part of a religious or fraternal organization's ceremonies, by permit, issued by the city fire marshal.
5. Live fires for the purpose of training employees in the use and operation of fire extinguishers and fire equipment shall be authorized upon approval of the fire chief and the state department environmental management. Such live fire training shall be in accordance with all applicable National Fire Protection Agency standards. A certified fire extinguisher instructor shall be present at all times during the training for instruction in the use and operation of fire extinguishers and fire equipment.
(NFPA 1) 10.11.4.3
Recreational fires shall not be located within 25 feet (7.6m) of a structure or combustible material unless contained in an approved manner.
(NFPA 1) 10.11.4.4
Conditions that could cause a fire to spread to within 25 feet (7.6m) of a structure shall be eliminated prior to ignition.
(NFPA 1) 10.11.5 Fire Attendant.
(NFPA 1) 10.11.5.1
Open, recreational, and cooking fires shall be constantly attended by a competent person until such fire is extinguished.
(NFPA 1) 10.11.5.2
This person shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available for use.
(NFPA 1) 10.11.6 Cooking Equipment.
(NFPA 1) 10.11.6.1
For other than one- and two-family dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 feet (3m) of any structure.
(NFPA 1) 10.11.6.2
For other than one-and two-family dwellings, no hibachi, grill, or other similar devices used for cooking shall be stored on a balcony.
(NFPA 1) 10.11.6.3
Listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer's instructions shall be permitted.
(NFPA 1) 10.11.7 Installation of Patio Heaters.
(NFPA 1) 10.11.7.1
Patio heaters utilizing an integral LP-Gas container greater than 1.08 lb (0.49 kg) propane capacity shall comply with 10.11.7.2 and 10.11.7.3. [58:6.20.2.1]
(NFPA 1) 10.11.7.2
Patio heaters shall be listed and used in accordance with their listing and the manufacturer's instructions. [58:6.20.2.2]
(NFPA 1) 10.11.7.3
Patio heaters shall not be located within 5 feet (1.5m) of exits from an assembly occupancy. [58:6.20.2.3]
(NFPA 1) 10.11.8 Incinerators and Fireplaces.
(NFPA 1) 10.11.8.1
Incinerators, outdoor fireplaces, permanent barbecues, and grills shall not be built, installed, or maintained without prior approval of the AHJ.
(NFPA 1) 10.11.8.2
Incinerators, outdoor fireplaces, permanent barbecues, and grills shall be maintained in good repair and in a safe condition at all times.
(NFPA 1) 10.11.8.3
Openings in incinerators, outdoor fireplaces, permanent barbecues, and grills shall be provided with an approved spark arrester, screen, or door.
(NFPA 1) 10.11.9 Open-Flame Devices.
(NFPA 1) 10.11.9.1
Welding torches, tar pots, decorative torches, and other devices, machines, or processes liable to start or cause a fire shall not be operated or used in or upon any areas, except by permit from the AHJ.
(NFPA 1) 10.11.9.2
Flame-employing devices, such as lanterns or kerosene road flares, and fuses shall not be operated or used as a signal or marker in or upon any areas unless at the scene of emergencies or railroad operations. (See Chapter 16 and Chapter 65 for additional guidance.)
(NFPA 1) 10.11.10 Discontinuance.
The AHJ shall be authorized to require any fire to be immediately discontinued if the fire is determined to constitute a hazardous condition.
(Rev. Ords. 1987, § 5-2; Ch. 698, § II, 2-20-18)
Sec. 5-3. Jurisdiction defined.
Whenever the word jurisdiction is used in the fire prevention codes adopted by section 5-1, it shall be held to mean the city.
(Rev. Ords. 1987, § 5-3)
Cross reference— Definitions generally, § 1-2.
Sec. 5-4. Establishment and duties of division of fire prevention.
(a) The fire prevention codes adopted by section 5-1 shall be enforced by the division of fire prevention in the fire department of the city which is hereby established and which shall be operated under the supervision of the chief of the fire department.
(b) The chief of the fire department may detail such state qualified members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager the employment of technical inspectors who when such authorization is made shall be selected through an examination to determine their fitness for the position and state certification.
(Rev. Ords. 1987, § 5-4; Ch. 698, § III, 2-20-18)
Editor's note— Ch. 698, § IV, adopted February 20, 2018, repealed § 5-5. Former § 5-5 pertained to modifications of fire prevention code and derived from Rev. Ords. 1987.
Sec. 5-6. Reserved.
Editor's note— Ch. 644, § I, adopted April 5, 2016, repealed § 5-6, which pertained to appeals from decision of chief of fire department and derived from Rev. Ords. 1987, § 5-6.
Sec. 5-7. New materials, processes or occupancies which may require permits.
The chief of the fire department shall act to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in the fire prevention codes adopted by section 5-1. The chief of the fire department shall post such list in a conspicuous place in his office and shall distribute copies thereof to interested persons.
(Rev. Ords. 1987, § 5-7)
Sec. 5-8. Attendance at entertainments or assemblies; application and fees generally.
All persons who are required by the state fire and safety code, G.L. 1956, § 23-28.6-5, to have the attendance and services of the fire department at places of public entertainment or other assemblies alike shall make application therefor to the chief of the fire department. With every such application, the applicant shall pay to the chief of the fire department a sum of money sufficient in amount to pay for the services of a fire department employee at a rate which is determined by the city council for the entire period for which the services are required. However, if the services are required for longer than one day, then a payment schedule shall be made by the chief of the fire department for the continuation of the services provided by the fire department.
(Rev. Ords. 1987, § 5-7.1)
Sec. 5-9. Charges for emergency medical services—Authorization.
(a) Each person receiving emergency medical services in the city shall be billed for the following services in an amount to be recommended by the fire chief and/or EMS director, based on the medicare allowable fee schedule, and approved by the city council.
(1) Advanced Life Support "ALS 1"
(2) Advanced Life Support "ALS 2"
(3) Base Life Support "BLS"
(4) Cardiac Monitoring
(5) Defibrillation
(6) Airways
(7) I.V.
(8) CPR
(9) Oxygen
(10) Mileage ALS
(11) Mileage BLS
(12) Cervical Collar Immobilizer
(13) Blood Gases by Oximetry
(14) Blood Drawing
(15) Medication Administration
(b) The city may either perform the billing task or contract for the services.
(c) The chief of the fire department shall make all rules, regulations and policies relative to the implementation of the administration of the billing procedure subject to the approval of the city council.
(Ch. 47, § I, 12-15-98; Ch. 448, § I, 5-6-08)
Sec. 5-31. Inspection of nonresidential structures and dwelling generally.
Sec. 5-32. Right of access for inspection.
Sec. 5-33. Notice of violation generally.
Sec. 5-34. Reserved.
Sec. 5-35. Reserved.
Sec. 5-36. Reserved.
Sec. 5-37. Same—Application.
Sec. 5-38. Same—Fee.
Sec. 5-39. Same—Effect.
Sec. 5-40. Same—Court review.
Sec. 5-41. Repair, etc., by chief inspector upon failure of violator to comply with immediate compliance order; recovery of costs.
Sec. 5-42. Reserved.
Sec. 5-43. Reinspection upon expiration of compliance order.
Sec. 5-44. Demolition deemed compliance with compliance order.
Sec. 5-45. Transfer of ownership, etc., after notice of violation; duty of transferee, etc., with notice.
Sec. 5-46. Recordation of notices and orders.
Secs. 5-47, 5-48. Reserved.
Sec. 5-49. Safety protection for drive-through businesses.
Sec. 5-50. Reserved.
Sec. 5-51. Reserved.
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)
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.
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.
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)
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)
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)
(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)
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)
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)
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.
Sec. 5-52. Purpose.
Sec. 5-53. State law adopted by reference.
Sec. 5-54. Definitions.
Sec. 5-55. Enforcement responsibility.
Sec. 5-56. Inspection of hazardous materials establishments.
Sec. 5-57. Permit requirement.
Sec. 5-58. Permit application.
Sec. 5-59. Permit fee.
Sec. 5-60. Permit renewal.
Sec. 5-61. Notice of approval or disapproval.
Sec. 5-62. Permit revocation or suspension.
Sec. 5-63. Responsibility for proper storage, handling, treatment and disposal of hazardous material.
Sec. 5-64. Requirement for contingency plan.
Sec. 5-65. Contents of contingency plans.
Sec. 5-66. Responsibilities of emergency coordinator(s).
Sec. 5-67. Notification of the emergency response agency.
Sec. 5-68. Materials spills or release.
Sec. 5-69. Personnel training.
Sec. 5-70. Requirements for the termination of hazardous material activities or closure.
Sec. 5-71. Removal requirement.
Sec. 5-72. Requirement for certification of closure of hazardous material activities.
Sec. 5-73. Variance applications.
Sec. 5-73.5. Further regulations.
Sec. 5-74. Applicability of other laws and regulation.
Sec. 5-75. Unsafe handling of hazardous materials, notices, penalties.
Sec. 5-76. Penalties for violation.
Sec. 5-77. Reimbursement for costs associated with the release or threat of release of any hazardous material.
The declared purpose of this article is:
(1) To provide for the establishment of a program to monitor and permit establishments where hazardous materials are produced, stored, handled, disposed of, treated, emitted, discharged, or recycled.
(2) To provide that said program be administered by the city fire department.
(3) To provide that the fire department be assigned the responsibility to be the emergency response agency and to direct and coordinate emergency response in the event of releases of hazardous materials.
(Ch. 394, § I, 7-11-06)
Sec. 5-53. State law adopted by reference.
The city hereby adopts by reference the requirements of G.L. 1956, tit. 28, ch. 21, the Hazardous Substance Right to Know Act; the minimum standards for the management of hazardous and extremely hazardous waste as specified in title 40 and 49 of the Code of Federal Regulations; and the requirements for hazardous materials release response plans and inventory law, title 68 of the Code of Federal Regulations.
(Ch. 394, § I, 7-11-06)
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Aboveground storage tank means any one or combination of tanks, including pipes connected thereto, which is used for storage of hazardous substances and which is substantially or totally above the surface of the ground.
CAS number means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.
City means the City of East Providence.
Contingency plan means a business plan or area plan setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or unplanned release of hazardous material so as to minimize exposure and hazards to human health and the environment.
Emergency response agency means the Fire Department of the City of East Providence.
Extremely hazardous waste means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by hazardous waste because of its quantity, concentration or chemical characteristics.
Extremely hazardous materials means any material listed on the Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 112(r) of the Clean Air Act.
Fire chief means the Fire Chief of the East Providence Fire Department, or his duly authorized representative.
Handle means to use, generate, process, produce, package, treat, store, emit, discharge, retail incinerate, recycle or dispose of a hazardous material in any fashion.
Hazardous material means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, "hazardous materials" include, but are not limited to: explosives, radioactive materials, etiologic agents, medical waste, flammable solids, solid poisons, oxidizing or corrosive materials, cryogenic materials, compressed gases. Any substances or material, which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III-A combustible liquid. Any material which an agent of the local agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
Hazardous materials establishment means any room, building or place, or portion thereof, maintained, used or operated where hazardous materials are produced, stored, handled, disposed of, emitted, treated or recycled.
Hazardous waste means a waste or combination of wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may either:
(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or
(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
The term "hazardous waste" shall be understood to also include "extremely hazardous waste," unless expressly provided and mislabeled or inadequately labeled hazardous materials; and hazardous materials packaged in deteriorated containers.
Local agency means the Fire Department of the City of East Providence.
MSDS means a material safety data sheet.
Underground storage tank means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground.
(Ch. 394, § I, 7-11-06)
Sec. 5-55. Enforcement responsibility.
(a) It shall be the duty of the fire chief, or his duly authorized representative to enforce the provisions of the hazardous materials monitoring program pertaining to hazardous wastes and hazardous materials and the minimum standards and any additional requirements specified in this article.
(b) It shall be the duty of the fire chief, or his duly authorized representative to review and approve contingency plans to be implemented in the event of an unauthorized release.
(c) The local agency is hereby designated to be responsible for the administration and enforcement of the provisions of this article.
(d) The local agency shall review and approve contingency plans required by and shall establish a citywide contingency plan to be implemented in the event of an unauthorized release of hazardous materials that may extend beyond the premises where the release occurred.
(Ch. 394, § I, 7-11-06)
Sec. 5-56. Inspection of hazardous materials establishments.
It shall be the duty of the local agency to make periodic inspections of all hazardous materials establishments in the city. The local agency shall closely coordinate its inspection activities with other city departments and public agencies. Such inspections by other city departments and public agencies shall be coordinated so as to reduce duplication of effort and assure consistency of enforcement.
(Ch. 394, § I, 7-11-06)
Sec. 5-57. Permit requirement.
(a) It shall be unlawful for a person to establish, operate, or maintain a hazardous materials establishment without first obtaining a hazardous materials permit from the local agency.
(b) Owners and operators of permitted hazardous materials establishments shall report in writing any change of ownership, business name or address information within 30 days of the occurrence of the change, and request an amendment to their permit or a new permit.
(c) No permit issued pursuant to this article shall be transferable.
(Ch. 394, § I, 7-11-06)
Sec. 5-58. Permit application.
(a) Every applicant for a permit, required by this article, shall file a written application, before commencing operation, on a form provided by the local agency and shall be accompanied by the appropriate fee. Those hazardous materials establishments in operation prior to the effective date of this article shall file an application within 30 days of notification by the city.
(b) An application shall include, but not be limited to, the following information:
(1) The name and address of the property owner and the owner-operator of the establishment;
(2) The address and location of the establishment activity;
(3) The name(s) and 24-hour phone number(s) of contact person(s) qualified and authorized to act as emergency coordinators;
(4) A listing of the chemical name, any common name and the CAS number for each hazardous material handled;
(5) A MSDS for each hazardous material handled;
(6) The approximate annual quantity of each hazardous material handled;
(7) The maximum quantity of each hazardous material on the premises at any one time;
(8) A description of the hazardous material activity being conducted;
(9) A statement that appropriate permits to operate and discharge have been obtained from federal, state, regional and local agencies and a list of such agencies, permit number, permit type and expiration dates.
(c) A permittee shall notify the local agency, in writing, of any changes in items (b)(1) through (b)(9) above within 30 days, and the local agency shall amend the permit accordingly.
(Ch. 394, § I, 7-11-06)
(a) A fee shall be paid to the local agency by each person who submits an application for a permit to operate a hazardous materials establishment or to renew, amend or terminate a permit required by this article. The fee for a permit for hazardous use permits shall be $30.00. The fee for permit for extremely hazardous materials permits shall be $100.00. The city council may provide for the waiver fees when a public agency makes an application for a permit or renews a permit.
(b) There shall be added to and collected with the permit or other fees a penalty equal to ten percent of the fee for all fees that are delinquent for 30 days. For each additional month or fraction thereof in, which a delinquency continues, an additional ten-percent penalty shall be collected. In no event shall the total penalty exceed 60 percent of the permit fee.
(c) No refund or rebate of a permit fee shall be allowed by reason of the fact that the permit is denied or the permittee discontinued operation of the facility prior to expiration of the term or that the permit is suspended or revoked prior to the expiration of the term.
(d) All fees collected under the provisions of this article shall be deposited in the "hazardous material/LEPC" account to used for but not limited to equipment, training, personnel, inspection, supplies, and other associated needs for hazardous materials and special operations for the local agency.
(Ch. 394, § I, 7-11-06)
The initial hazardous materials establishment permit shall be renewed annually upon payment of the renewal fee. An application shall be submitted for each seceding renewal period and shall include all pertinent changes made since the previous application. Permits shall become effective on July 1st and expire on the following June 30th of each year. Permits that are not renewed by August 1st become delinquent and are subject to the penalties indicated in permit fees.
(Ch. 394, § I, 7-11-06)
Sec. 5-61. Notice of approval or disapproval.
The local agency shall determined, after conducting an inspection of the hazardous materials establishment, whether the initial application filed by the applicant is accurate and complete and shall issue a written notice of approval or disapproval of the issuance of a permit to the establishment operator within 60 days of the evaluation inspection. The permittee may appeal the determination to the city council. Failure to file a written appeal with the city clerk within 30 days of said determination shall be deemed a waiver of the right to appeal.
(Ch. 394, § I, 7-11-06)
Sec. 5-62. Permit revocation or suspension.
The hazardous materials establishment permit shall be subject to revocation or suspension by the local agency upon the determination by the local agency of a violation by the holder of such permit, his employee, or agent, or any other person acting with his consent or under his authority of any provision of this article or any referenced law of the state. The permittee may appeal the ruling to the city council. Failure to file a written appeal with the city clerk within 30 days of said ruling shall be deemed a waiver of the right to appeal.
(Ch. 394, § I, 7-11-06)
Sec. 5-63. Responsibility for proper storage, handling, treatment and disposal of hazardous material.
It shall be the responsibility of the establishment operator to operate and maintain the hazardous materials establishment in a manner whereby all hazardous material is stored, handled, treated or disposed of in a lawful and safe manner. An establishment operator shall operate and maintain all areas used for storage, treatment or handling of hazardous material in a manner, which minimizes possibility of a fire, explosion or unplanned release, whether sudden or slow, into the air, soil or water.
(Ch. 394, § I, 7-11-06)
Sec. 5-64. Requirement for contingency plan.
The owner or operator of each hazardous materials establishment permitted by this article shall prepare and maintain a contingency plan which shall be filed with the local agency. The provisions of said plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous materials.
(Ch. 394, § I, 7-11-06)
Sec. 5-65. Contents of contingency plans.
Contingency plans shall include, but not be limited to, the following information:
(1) General description of the establishment;
(2) A listing of the chemical name or common name of all hazardous materials generated or handled.
(3) A listing of a chemical and physical analysis for each hazardous material, including the known proper method(s) of handling treatment, storage, and disposal of the materials;
(4) A list of name(s), address(es) and day and night telephone numbers of persons qualified to act as emergency coordinators;
(5) A list of emergency response agencies with telephone numbers to be contacted in the event of a fire, explosion or unplanned release of hazardous materials;
(6) A description of procedures, equipment and materials to be used to contain and clean-up spills of hazardous materials;
(7) A list, description and location of emergency equipment available at the facility that will prevent to mitigate the exposure of humans and the environment to hazardous materials;
(8) An evacuation plan for all buildings and premises;
(9) An identification of all access driveways which will be maintained and continually available for emergency response vehicles.
(Ch. 394, § I, 7-11-06)
Sec. 5-66. Responsibilities of emergency coordinator(s).
Emergency coordinators shall have the following responsibilities in the event of a fire, explosion or any unplanned release of hazardous material:
Assist the emergency response agency authorized officer by providing information and assisting in expediting appropriate evacuation plans.
(Ch. 394, § I, 7-11-06)
Sec. 5-67. Notification of the emergency response agency.
The emergency response agency shall be immediately notified of any release of hazardous materials.
(Ch. 394, § I, 7-11-06)
Sec. 5-68. Materials spills or release.
The emergency response agency shall have scene management authority of hazardous materials spills or release on streets, roads, public and private property within the city limits. Other city departments shall assist by providing their normal support roles of perimeter control establishing access routes for emergency equipment, assisting in evacuations of non-contaminated areas, providing equipment and personnel for containment and clean-up as directed by the authorized officer. The emergency response agency shall consult with scene manager, take samples, and make tests and otherwise assist in evacuations.
(Ch. 394, § I, 7-11-06)
Sec. 5-69. Personnel training.
The establishment operator shall be responsible for the training of all personnel that work with hazardous materials at the establishment. The training shall include classroom or on-the-job instruction, which teaches facility personnel hazardous material management safety procedures, contingency plans and laws relevant to the positions in which they are assigned. Records shall be maintained by the establishment operator of names of personnel receiving training, dates of instruction and subject matter.
(Ch. 394, § I, 7-11-06)
Sec. 5-70. Requirements for the termination of hazardous material activities or closure.
The owner or operator of a hazardous materials establishment shall notify the local agency at least 30 days before the date of termination of hazardous material activities or closure and apply for a certificate of closure. If the owner or operator has less than 30 days' advance knowledge of closure, he shall notify the local agency on the next working day after receiving such information.
(Ch. 394, § I, 7-11-06)
Sec. 5-71. Removal requirement.
Within 90 days of closure of termination of hazardous material activities, all hazardous materials and hazardous material residues shall be properly removed from equipment, structure and premises.
(Ch. 394, § I, 7-11-06)
Sec. 5-72. Requirement for certification of closure of hazardous material activities.
(a) Both the owner and operator of a hazardous materials establishment and a chemist with an appropriate degree in chemistry shall submit to the local agency a certification that the establishment has complied with removal. The certificate shall detail the method of sampling or testing, as well as clean-up procedures followed. The disposition of hazardous materials formerly stored at the establishment shall be stated in the report.
(b) The premises shall not be reoccupied until the certificate of closure is approved by the local agency.
(Ch. 394, § I, 7-11-06)
Sec. 5-73. Variance applications.
(a) Any permit holder or permit applicant may apply to the local agency for a variance from specific requirements of this article.
(b) Variances will be considered based on the submission of clear and convincing justification or evidence that the granting of a variance will not pose a significant threat to public health, public safety, or the environment. Should the variance be denied, the applicant may appeal the denial to the city council. Failure to file a written appeal with the city clerk within 30 days of said determination shall be deemed a waiver of the right to appeal.
(c) Variances may be revoked by the local agency upon ten days' written notice sent to applicant by regular mail at applicant's last address contained in applicant's last filed application. Said variance may be revoked because of operational changes such as, but not limited to, a change in the justification or evidence submitted with the original variance application, or for violations of applicable laws and/or regulations.
(Ch. 394, § I, 7-11-06)
Sec. 5-73.5. Further regulations.
The local agency may promulgate regulations to further refine or clarify the requirements of this article. Such regulation shall be contained in a resolution and shall be effective after the approval by the city council. Upon approval, such regulations shall have the same force and effect as other provisions of this article.
(Ch. 394, § I, 7-11-06)
Editor's note— Ch. 394, § I, adopted July 11, 2006, added two sections numbered 5-73. In order to correct this duplication of section numbers, one of said sections has been redesignated as section 5-73.5 at the discretion of the editor.
Sec. 5-74. Applicability of other laws and regulation.
Laws and regulations of other state, regional and local agencies may apply.
(Ch. 394, § I, 7-11-06)
Sec. 5-75. Unsafe handling of hazardous materials, notices, penalties.
The local agency is authorized to issue written orders to comply with provisions of this article in cases where in the judgment of the local agency hazardous material is being improperly handled, used, stored or disposed of. Failure to comply with written orders issued by the local agency within the time specified could result in permit suspension or revocation and/or the assessment of civil penalties, fines, and imprisonment.
(Ch. 394, § I, 7-11-06)
Sec. 5-76. Penalties for violation.
Any person violating any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in jail for a period of not more than six months, or by both such fine and imprisonment.
(Ch. 394, § I, 7-11-06)
Sec. 5-77. Reimbursement for costs associated with the release or threat of release of any hazardous material.
(a) Any person or entity who causes or is legally responsible for a release or threat of release of hazardous material, oil or gasoline shall be liable, without regard to fault, for all costs of assessment, containment, and removal incurred by the city in connection with such release or threat of release.
(b) All fees will be in accordance with the latest emergency response fee schedule (ERFS) for hazardous materials incidents recommended by the Rhode Island Association of Fire Chiefs Inc.
(c) Costs of assessment, containment, and removal, shall include, but not limited to.
(1) Personnel costs for all city personnel involved in the activities as per the ERFS.
(2) All apparatus response required for activities as per the ERFS.
(3) All costs for disposable materials used in the activities at catalogue price
(4) All costs for repair/replacement of equipment or materials damaged in the activities.
(5) Any other costs incurred by the city such as replacement personnel, rental of equipment, etc.
(d) For the purposes of this article, "hazardous material" shall be any material designated as "hazardous" by the United States Department of Transportation listed in the hazardous materials table, 49 CFR 172.101.
(e) All fees collected under this section shall be deposited in the "hazardous material/LEPC 9" account to used for but not limited to equipment, training, personnel, inspection, supplies, and other associated needs for hazardous materials and special operations for the local agency.
(Ch. 394, § I, 7-11-06)