(Charter references--Department of planning and development to be responsible for building inspection, Ch. X, Art. 4, Sec. 3; department of planning and development to be responsible for electrical inspection, Ch. X, Art. 4, Sec. 3. Cross references--Fire prevention and protection, Ch. 8; food and food establishments, Ch. 9; garbage and trash, Ch. 10; housing, Ch. 12; injuring buildings, etc., Sec. 14-7; compulsory numbering of all buildings, Sec. 16-29; water and sewers and sewage disposal, Ch. 18; subdivision regulations, App. B; zoning, App. C. State law reference--Building regulations generally, G.L. 1956, Sec. 23-27-1, et seq.)
| Art. I. | In General, Secs. 7-1--7-15 |
| | |
| Art. II. | Building Code, Secs. 7-16--7-31 |
| | |
| Art. III. | Minimum Nonresident Standards, Secs. 7-32--7-107 |
| | Div. 1. Generally, Secs. 7-32--7-52 |
| | Div. 2. Enforcement, Secs. 7-53--7-72 |
| | Div. 3. Standards, Secs. 7-73--7-91 |
| | Div. 4. Nonresidential Board of Review, Secs. 7-92--7-118 |
| | |
| Art. IV. | Minimum Security Standards for Nonresidential Buildings, Secs. 7-119--7-135 |
| | |
| Art. V. | Division of Building Services, Secs. 7-136--7-140 |
| | |
| Art. VI. | Alarm Systems, Secs. 7-141--7-150 |
Editor's note--Section 7-1, relating to the energy and hydroelectric building committee, derived from Ch. No. 3852, Secs. 1--3, adopted Apr. 20, 1981, was repealed by Sec. 1 of Ch. No. 5709, adopted Feb. 1, 1993.
The Building Official shall have the authority to conduct preliminary reviews specific to certificate of occupancy requirements, applications, and changes in use. Based on the Building Official's determination in accordance with the Rhode Island State Building Code requirements, the use may be continued without change, except as may be specifically covered in the Rhode Island State Building Code or as may be deemed necessary by the Building Official for the general health, safety, and welfare of the occupants and the public. This section shall in no way conflict with local zoning ordinances and local zoning classifications.
(Ch. No. 8531, Sec. 1, 11-4-2024)
There is hereby adopted by the city, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, electrical and plumbing work, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, the whole of those three (3) certain codes, except such portions as are hereinafter deleted, modified or amended, and which are designated as follows:
(1) (a) The BOCA Basic Building Code, 1970, Fifth Edition of Building Officials Conference of America, Inc.
(b) BOCA Basic Building Code, Accumulative Supplement 1973, Building Officials and Code Administrators International, Inc., except for section 1700.0 thereof which is deleted, a copy of said supplement is attached hereto marked Exhibit "A-2-A" which is incorporated herein by reference.
(2) National Electrical Code, 1971, National Fire Protection Association, which is attached hereto and marked Exhibit "B-1-A", and is incorporated herein by reference.
(3) (a) BOCA Basic Plumbing Code, 1970, Second Edition, Building Officials and Code Administrators International, Inc., attached hereto and marked Exhibit "C-1A", which is incorporated herein by reference.
(b) Annual Supplement-1971 BOCA Basic Plumbing Code, Second Edition, Building Officials and Code Administrators International, Inc., attached hereto and marked Exhibit "C-2A", which is incorporated herein by reference.
of which not less than three (3) copies of each have been and now are filed in the office of the city clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof, together with the amendments hereafter made, shall be controlling as the building ordinance of the city. (Ch. No. 2559, Sec. 1, 8-3-70; Ch. No. 2762, Sec. 1, 2-22-72; Ch. No. 2763, Sec. 1, 2-22-72; Ch. No. 2992, Secs. 1, 2, 5-20-74)
Editor's note--The exhibits referred to in Sec. 7-16 are not set out in this Code but are on file in the office of the city clerk.
(a) Whenever the bracketed words "[Name of Municipality]" are used in the building code adopted by this article, the same shall be deleted and in lieu thereof shall be inserted the words, "City of Woonsocket."
(b) Whenever the words "Fire District No. 2" are used in the building code adopted by this article, the same shall be changed to read "Fire District No. 1." (Ch. No. 2559, Sec. 2, 8-3-70)
The BOCA Basic Building Code, 1970, adopted by this article, is hereby amended and changed as follows:
(1) The following articles, sections and subsections are hereby deleted in their entirety:
(a) Subsections 118.2, 118.3, 118.4 and 118.5.
(b) Section 119.0 in its entirety consisting of subsections 119.0, 119.1, 119.2 and 119.3.
(c) Subsection 122.3.
(d) Subsection 123.2.
(e) Section 126.0 in its entirety consisting of subsections 126.0, 126.1, 126.2, 126.3, 126.4, 126.41, 126.42, 126.5, 126.51 and 126.52.
(f) Section 301.0 in its entirety consisting of subsections 301.1, 301.2 and 301.3.
(g) Subsections 302.2 and 302.5.
(h) Subsections 303.0, 303.1, 303.2 and 303.8.
(i) Subsections 304.0, 304.1 and 304.4.
(j) Section 305.0 in its entirety consisting of subsections 305.1 and 305.2.
(k) Subsection 623.33.
(l) Subsections 870.2 and 870.21.
(m) Article 15 in its entirety consisting of sections 1500, 1501.0, 1502.0, 1503.0, 1504.0, 1505.0 and 1506.0.
(n) Article 17 in its entirety consisting of sections 1700.0, 1701.0, 1702.0, 1703.0, 1704.0, 1705.0, 1706.0 and 1707.0.
(2) The following sections and subsections are hereby amended and changed as follows:
(a) Subsection 107.9, "Official Records," is amended by adding thereto the following: "All such records shall not be removed from the office of the Building Inspector."
(b) Section 116.0, "Demolition of Buildings," is amended by adding thereto the following subsections: "116.2 Industrial, Commercial and Unoccupied Multi-Family Residences.
a. Before Demolition Starts:
1. A permit to demolish a structure or a building must have a performance bond of 100% of the cost of demolition.
2. The contractor must notify the gas company, electric company, sewer and water divisions and all other utility companies of his intention to demolish.
3. Any structure within twenty (20) feet of any sidewalk line must obtain a "Permit to Occupy or Excavate a Public Right-of-Way."
4. The contractor must submit to and have approved by the Chief of Police, City of Woonsocket, the planned traffic pattern of his trucks and the extent of his occupation of the Public Right-of-Way.
b. During Demolition:
1. A fire watch must be maintained on all commercial and industrial structures being demolished.
2. All openings on the first floor for residential demolitions must be blocked until demolition reaches said level.
3. The contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient red lights, reflectorized signs or signals, danger signals and signs; and take all necessary precautions for the protection of the work and safety of the Public. All lights shall be kept burning from sunset to sunrise.
4. The contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material or rubbish from and about the premises, and all tools, scaffolding, equipment and materials.
c. After Demolition:
1. Upon completion of the demolition, the contractor shall have the work and premises in a clean, neat and workmanlike condition satisfactory to the Building Inspector.
2. The site, after demolition, including cellar holes, etc. shall be filled and graded. Brick, concrete and stone from the demolition operations will be permitted as fill, providing such fill consists of fragments of not more than approximately 2 cubic feet; the top one foot of the site shall be filled with top soil. All fill shall be placed and compacted in such a manner so that no voids are created or left unfilled, and so that the area provides a stable foundation."
"116.3 Single Family Residences:
a. Before Demolition Starts:
1. The contractor must notify the gas company, electric company, sewer and water divisions and all other utility companies of his intention to demolish.
2. Any structure within twenty (20) feet of any sidewalk line must obtain a "Permit to Occupy or Excavate a Public Right-of-Way."
b. During Demolition:
1. All openings on the first floor for residential demolition must be blocked until demolition reaches said level.
2. The contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material or rubbish from and about the premises, and all tools, scaffolding, equipment and materials.
c. After Demolition:
1. Upon completion of the demolition, the contractor shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the Building Inspector.
2. The site, after demolition, including cellar holes, etc. shall be filled and graded. Brick, concrete and stone from the demolition operations will be permitted as fill, providing such fill consists of fragments of not more than approximately 2 cubic feet; the top one foot of the site shall be filled with top soil. All fill shall be placed and compacted in such a manner so that no voids are created or left unfilled, and so that the area provides a stable foundation."
2(c)(1) Fees for Rehabilitation Work
For a permit for rehabilitation work for building, plumbing, electrical, and mechanical work that includes the alteration, removal, or installation of porches and/or decks, swimming pools, sheds, kitchens, retaining walls, antennae or satellite dishes, signs, ramps, canopies and awnings, fences, chimneys, trailers and mobile homes, bathrooms, ceilings and walls, exterior renovations, roof and re-roof, residing, enclosed porches and/or decks, windows, doors, additions, stairs, fire escapes, elevators or lifts, window store fronts, and miscellaneous; and for the demolition or moving of structures, the fee shall be as follows:
2(c)(2) Fees for New Construction
For a permit for the new construction that includes all use groups as indicated in International Code Council, ICC, permit fee schedule for buildings, new additions, and garages, the fees shall be as follows. Penn it fee equals the building's gross area times the Square foot construction cost (this figure is supplied by ICC and changes as the building industry changes) times the permit fee multiplier (this figure is set by the City of Woonsocket). Previously, it was at eighty five percent (85%). The new Multiplier would be set at 90%.
Building's gross area X The Square foot construction cost X the permit fee multiplier = Permit fee
2(c)(3) Fees for Non-Profit or Ouasi-public Organizations
When non-profit or quasi public organizations propose to construct new or renovate existing educational and/or recreational facilities that are available to the children and/or the general population of the City of Woonsocket, then the permit fees as established in 2(c)(I) and 2(c)(2) may by resolution of the city council be reduced to the following portion of the calculated fees:
(a) New construction - one-quarter (25%)
(b) Rehabilitation - one-third (33.3%)
(Ch. No., Sec. 1, 3-1-2010)
2(c).(4) Fees for No Show Scheduled Appointment
When a permitee schedules an appointment with the Division of Building Services and thereafter does not call or email the office at least eight (8) hours prior to the scheduled appointment without just cause as determined by the division, then a No Show fee of $25.00 shall be assessed to the permitee which must be paid before the appointment is re-scheduled.
(Ch. No. 8359, Sec. 1, 2-20-2023)
118.0 (c)(2) Failed inspection fee: In the event of a failed inspection, a $30.00 fee shall apply for the necessary re-inspection of the corrected work.
118.0(c)(3) Late filing fee: In the event that an owner or agent files an application for a required permit after work has commenced, a Late Filing Fee shall be added to the normal fee that would otherwise apply. The Late Filing Fee for the first offense will be a minimum of $1 00.00. The Late Filing Fee for the second offense will be $250.00. The Late Filing Fee for the third offense will be $500.00. Any continued offense will be adjudicated in Municipal Court.
Section 118.0(c)(4) Rebate of payment. If no work is commenced and the applicant has filed for rebate or reimbursement of the fee paid, an administrative fee, equal to fifteen percent (15%) of the fee charged, shall be retained with the remaining eighty-five percent (85%) returned to the applicant; provided, however, that where a permit shall have expired with no work having commenced, no reimbursement or rebate shall be made to the applicant.
(Ch. No. , Sec. 2, 5-1-2010)
"118.0
b. Annual Limited Premises Permits. Limited Premises Permits may be issued to holders of Limited Premises Certificate "C". An application must be made to the Building Official by some responsible officer of such firm or corporation and shall contain a description of the premises within which work is to be done under this permit. Each Limited Premises Permit shall be issued upon deposit of ten dollars ($10.00) and shall expire on December 31st of the year in which it is issued. The person to whom a Limited Premises Permit is issued shall keep a detailed record of all changes and alterations to an approved electrical installation made under such permit and such records if acceptable to the Building Official, shall determine fee for installation of electrical work pursuant with permit fee schedule. The Building Official shall issue a certificate for such work as is found to be in conformity with this Ordinance, after the required fee has been paid."
"118.0
c. The term "estimated cost" as used in this section, means the reasonable value of all services, labor, materials and use of scaffolding and other appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy; provided that the cost of excavation or grading, and/or painting, decorating or other work that is merely for embellishment or not necessary for the safe and lawful use of the building or structure, is not deemed a part of such estimated cost.
When, in the opinion of the Building Official, the applicant has understated the estimated cost, the Building Official is empowered to establish the estimated cost based upon his estimated value of the work as proposed in correcting the estimated cost. In correcting the estimated cost, the Building Official shall utilize recognized national construction estimating criteria and other commonly recognized standards. The applicant may appeal the Building Official's decision on the estimated cost to the Building Code Appeal Board as dictated in Section 126.0 of the State Building Code."
(c.1) Section 118.1 is amended by adding thereto the following:
"No building permit shall be issued for construction, alteration or remodeling of any structure if the applicant or any legal entity in which the applicant has an ownership interest has outstanding and uncorrected Building Code, Minimum Housing Code, or Zoning Ordinance violations, or owes any taxes to the City of Woonsocket. Upon presentment of a certificate by the appropriate official that the violations have been removed or the taxes have been paid, said permit may be issued.”
(d) Section 125.0, "Emergency Measures," is amended by adding thereto the following subsection:
"125.6 When any existing electrical wiring or equipment is found to be in an unsafe or dangerous condition upon inspection by the building official, he shall have authority to require any person or corporation supplying electric current thereto to shut off the electric current until said unsafe or dangerous condition has been corrected."
(e) Subsection 127.2 is amended by adding thereto the following:
"The Board of Appeals as presently constituted is hereby ratified, approved and confirmed and members thereof shall hold office until their respective terms shall expire and until their successors shall be appointed and qualified."
(f) Subsection 733.3 is amended by deleting the present text and adding in lieu thereof the following:
"733.3 Dimensions. The footing shall be sufficiently spread to distribute the weight of a structure over required area of the supporting soil, and shall be of adequate strength to support their vertical loads.
a. The width of the footing shall be four inches (4") wider on each side than the wall supported thereon.
b. The thickness of footing for ordinary framed dwellings and other type structures, shall be no less than the wall supported thereon, and where such increases are warranted by soil conditions, it shall be left up to the discretion of the Building Inspector."
(g) Subsection 870.2 is amended by deleting the present text and adding in lieu thereof the following:
"870.2 Minimum Thickness. Concrete masonry foundation walls under frame wall construction shall be of adequate strength and thickness to resist lateral pressures from adjacent earth."
(h) Subsection 870.21 (BOCA Basic Building Code, 1970) is amended to read as follows:
"870.21 Reinforced Concrete: When reinforced concrete is required to resist all stresses, foundation walls shall be not less than eight (8) inches thick or a twelve (12) inch monolithic pour."
(i) The chart in subsection 870.22 is hereby amended by reinstating the original text of Section 870.22 (BOCA Basic Building Code, 1970) as follows:
Foundation Wall Maximum Depth Below Grade (feet)
Construction Notes 1, 2
Thickness Masonry
Type (inches) Frame Veneer Masonry
------------------------------------------------------------
Hollow 8 4 (6) 4.5 (6) 5 (7)
masonry 10 4 (7) 5.5 (7) 6 (7)
12 1 7 1
------------------------------------------------------------
Solid 8 5 (7) 5.5 (7) 6 (7)
masonry 10 6 (7) 6 (7) 6.5 (7)
12 7 7 7
------------------------------------------------------------
Mass
concrete 8 7 7 7
Note 1. Depth below grade may be increased up to those shown in parentheses where such increase is warranted by soil conditions and local experience and is required by the building official.
Note 2. Where height of unbalanced fill (height of finish grade above basement floor or inside grade) exceeds seven (7) feet, foundation wall thickness shall be determined by structural analysis as required in section 871.1."
(j) Section 1408.0 is amended by inserting the figures, "$100,000.00 each person," and "$300,000.00 each occurrence," in the blanks of said section.
(Ch. No. 2559, Sec. 3, 8-3-70; Ch. No. 2767, Secs. 1, 2, 3-6-72; Ch. No. 3247, Sec. 1, 7-19-76; Ch. No. 4225, Sec. 1, 1-16-84; Ch. No. 4679, Secs. 2, 3, 3-2-87; Ch. No. 4772, Secs. 1, 2, 7-6-87; Ch. No. 4874, Secs. 1, 2, 12-21-87; Ch. No. 4875, Secs. 1--3, 12-21-87; Ch. No. 5119, Sec. 1, 5-15-89;Ch. No. 4772, Secs. 1,2, 4-20-98; Ch. No. 7030, Sec. 1, 3-17-03)
The National Electrical Code, 1971, National Fire Protection Association, adopted by Chapter 2992, (74-0-31) Ordinances of the City of Woonsocket, is amended and changed as follows:
(1) Article 95, "Administration and General Requirements," is hereby added as follows:
A. General
95-1. Requirements.
No electric wiring for light, heat, power and other purposes shall be installed in a building or structure, nor shall an alteration or extension of an electric wiring system be made, except in conformity with the National Electric Code.
B. Approved Materials and Capacity
9511. Approved Materials and Equipment.
The material, fittings, appliances, devices and other equipment listed as approved in publications of inspected electrical equipment of an accredited authoritative agency or testing organization, such as Underwriters' Laboratories, Inc., and installed in accordance with the recommendations of such agency or organization shall be accepted as meeting the requirements of this code.
95-12. Conductor Capacity.
Where changes or additions are made to existing installations either by extension or increase of load, additional conductor capacity shall be provided to bring the entire installation within the requirements of the person or corporation from whom the current is obtained as well as within the requirements of this code. Existing hazardous conditions shall be corrected.
C. Inspections
95-21. During Installation.
(a) The electrical inspector shall, during the installation of any electrical wiring, make inspections to assure compliance with this code.
(b) No work in connection with any electric wiring shall be covered or concealed until it has been inspected as required in this code and permission to do so has been given by the electrical inspector.
95-22. On Completion of Work.
The electrical inspector shall, within a reasonable time after notice of the completion of electrical wiring, for which a permit is required, make an inspection of such work and such tests as may be necessary to determine that it conforms with this code.
95-23. Reinspection.
(a) The electrical inspector shall make a reinspection of an electric wiring installation whenever he deems it necessary in the interest of public safety.
(b) If any electric wiring upon reinspection is found to be defective and unsafe, the electrical inspector shall revoke all certificates, in effect at that time, relating to such wiring; and the use of such wiring shall be discontinued until said defective and unsafe wiring has been corrected and a new certificate has been issued by the electrical inspector.
D. Certificates
95-31. Notice of Approval.
After inspection and if said electric wiring is lawfully installed or altered in compliance with the requirements of this code, the electrical inspector shall issue a certificate of approval and attach same in a conspicuous place on the premises.
E. Supplying Current
95-41. Prohibitions.
It shall be unlawful to use or permit the use of, or to supply current for electric wiring for light, heat, power or other purposes in a building or structure, unless the required certificate of inspection and approval has been issued.
95-42. Restrictions.
If, at any time, after inspection, any existing wiring or equipment is found to be in a dangerous condition, or in case any installation or extension of electrical wiring or equipment has not been inspected and approved as required by this code, the electrical inspector shall have authority to require any person or corporation supplying electric current thereto to shut off the electric current therefrom until said dangerous condition has been corrected or such inspection made and approval given.
95-43. Temporary Current.
During the construction or alteration of any building or structure, or when an urgent necessity is shown to exist, the electrical inspector may grant temporary permission for the use of electric current through any electrical wiring or installation, for a period to be specified by him, provided that in his opinion such wiring or installation is in such condition that electric current may be used therein without danger to life and property.
(2) Article 110, section 110-15, "Splices," is amended by adding the following:
(a) When splices or joints are found to be improperly made or when the splicing compound, tape or solderless connection has been found to have been improperly applied, the electrical inspector may require all splices or joints to be exposed for his inspection.
(3) Section 215-6 is amended by deleting the present text and in lieu thereof adding the following:
215-6. Plans and specifications.
Plans, specifications and schedules in sufficient detail shall be filed with the building official showing the location and capacity of all lighting facilities, electrically operated equipment and light and power circuits required for all service equipment of the building or structure, except as may be modified by the administrative official.
(a) Items covered. All electrically controlled devices, signals, communicating and lighting systems and their wiring whenever required under the provisions of the basic code shall be shown on the plans and elevations of the building or structure with respect to:
1. Emergency and hazard use lighting: Places of public assembly and control of emergency lighting systems sections 418 and 626 and hazardous uses in article 4 of the building code.
2. Exitway and elevator lighting: Stairway and exitway illumination equivalent to three (3) foot candles, section 514 and 626; "EXIT" sign lighting circuits, section 625; elevator car illumination, section 1615; and existing elevators, section 1606; said sections being expressly designated in the building code of the City of Woonsocket.
3. Toilet and bathrooms: Illumination of toilets and bathrooms equivalent to three (3) foot candles, section 513 of the building code.
(b) Other municipal authorities. Where required, by local law or ordinance, the plans and specifications for electric light and power wiring shall be approved by the municipal authority having jurisdiction.
(4) Reserved.
(5) Article 240, section 240-22, "Plug Fuses and Fuseholders of Type S," is amended by adding subsection (j) as follows:
(j) Overcurrent protection. In cases where tampering or overfusing of circuits of thirty (30) amperes or less rating is found, the electrical inspector may require the installation of a type of fuse that is tamper resistant.
(6) Article 300 is amended by adding section 300-24 as follows:
300-24. Wiring Systems.
Non-metallic sheath cable shall not be used for voltages in excess of three hundred (300) volts.
(7) Section 334-13 (b) is amended by adding at the end thereof the following sentence:
Type AC, armored cable, shall not be fished into walls or ceilings except where it is certain there are no existing open wires.
(8) Section 410-43 is amended by adding thereto the following subparagraph:
(a) Sockets and lampholders, which are controlled by so-called pull switches, shall not be used on cord pendants unless the pull switch is mounted or supported independently of the cord. Shells of sockets within reach shall be insulating materials.
(9) Article 430, section 430-103, "To Disconnect Both Motor and Controller," is amended by adding subsections (a) and (b) as follows:
(a) The disconnecting means should be located at a safe distance from the motor and controller, and shall be readily accessible.
(b) An automatic electrically operated burner shall contain an approved device to disconnect both the motor and controller so as to operate at room temperatures in excess of one hundred sixty (160) degrees F. (Ch. No. 3015, Sec. 1, 7-15-74)
The BOCA Basic Plumbing Code, 1970 is amended as follows:
(a) [Amend Article 1, Section P-100.1, to read as follows:]
P-100.1.
Installations of gas piping; chilled water piping in connection with refrigeration, process and comfort cooling; hot water piping in connection with building heating; and piping for fire sprinklers and standpipes are covered by the provisions in the BOCA Basic Building Code, Fifth Edition, 1970, which are listed in the Appendix A to M, inclusive, thereof. Water and drainage connections to such installations shall be made in accordance with the requirements of this code.
(b) Amend Article 1 by adding thereto the following:
Section P-118.0 Hazardous conditions.
When any existing plumbing, drainage, gas piping system or equipment is found to be unsafe, or in dangerous condition or a health hazard upon inspection by the building official, he shall have authority to require any person or corporation supplying water thereto to shut off the water or gas supply until said unsafe, dangerous or health hazardous condition has been corrected. (Ch. No. 2066, Sec. 10, 5-16-66; Ch. No. 2559, Sec. 5, 8-3-70; Ch. No. 2762, Sec. 3, 2-22-72)
Amendment note--Ch. No. 2762, Sec. 2, repealed and deleted former provisions of Sec. 7-20 pertaining to amendments to the National Plumbing Code. Ch. No. 2762, Sec. 3, amended Sec. 7-20 to read as hereinabove set out. Former Sec. 7-20 was derived from: Ch. No. 2066, Sec. 10, 5-16-66; Ch. No. 2559, Sec. 5, 8-3-70.
Any person who shall violate a provision of this article or shall fail to comply with any of the requirements hereof or who shall erect, construct, alter or repair a building or structure in violation of a detailed statement or plan submitted, or a directive of the building inspector, or, of a permit or certificate issued under the provisions of this article, shall be guilty of a misdemeanor punishable as prescribed in section 1-8. (Ch. No. 2559, Sec. 6, 8-3-70)
This article shall be known as "The Woonsocket Minimum Nonresidential Standards Ordinance." (Ch. No. 2542, Sec. 2.1, 6-1-70)
(a) In the interpretation and enforcement of this article, all words other than the terms herein specifically defined shall have the meanings implied by their context in this article or their ordinarily accepted meanings as generally used.
(b) The following definitions shall apply in the interpretation and enforcement of this article and of any rules and regulations adopted pursuant thereto:
Board. "Board" means the board of review.
Community. "Community" means the City of Woonsocket.
Enforcing officer. "Enforcing officer" means the building inspector, or his duly authorized representative, who is responsible for enforcing and administering any ordinance, rule or regulation adopted pursuant to the provisions of this article.
Nonresidential. "Nonresidential" means all structures used or intended to be used for commercial, business or industrial use or occupancy and all structures and buildings of every nature and description not having been occupied for living and sleeping by any person for any period of time exceeding six (6) months.
Premises. "Premises" means a lot, plot or parcel of land including the buildings or structures thereon. (Ch. No. 2542, Sec. 1, 6-1-70)
It is hereby declared that there exists in the city numerous nonresidential premises which are substandard due to dilapidation, deterioration, disrepair, structural defects, uncleanliness, lack of adequate ventilation, light, sanitary or heating facilities and occupancy of unfit premises and other conditions and defects which increase the hazards of fire, accidents and other calamities; that these conditions, singly or in combination, endanger the health, safety, morals and general welfare of the people of the city and give impetus to the development, continuation, extension and aggravation of blighted and substandard conditions and are thereby declared to be a public nuisance. It is further declared that the establishment of minimum standards for nonresidential premises by the city is essential to the protection of the public health, safety, morals and general welfare. (Ch. No. 2542, Sec. 2.2, 6-1-70)
The purpose of this article shall be to protect the public health, safety and welfare by establishing minimum standards governing the condition and maintenance of all nonresidential premises; establishing minimum standards governing utilities and facilities and other physical things and conditions essential to make nonresidential premises safe, sanitary, and fit for use and occupancy; fixing certain responsibilities and duties of owners, operators, and occupants of nonresidential premises; and fixing the conditions whereby certain nonresidential premises may be declared unfit for use and occupancy; and fixing penalties for violations of the provisions of this article. (Ch. No. 2542, Sec. 2.3, 6-1-70)
Every portion of a building or its premises used or intended to be used for any nonresidential purpose shall comply with the provisions of this article and with the rules and regulations adopted pursuant thereto, irrespective of any permits or licenses which shall have been issued for the use or occupancy of the nonresidential premises, for the construction or repair of the building, or for the installation or repair of equipment prior to June 12, 1970. This article establishes minimum standards for the initial and continued occupancy of all nonresidential premises and does not replace or modify standards otherwise established for the construction, repair or use of buildings or the installation of building equipment except as they may be in conflict with the provisions of this article as provided by section 7-44. (Ch. No. 2542, Sec. 2.4, 6-1-70)
The building inspector shall be the responsible head of the inspection staff and shall exercise such authority as is required by this article. All other personnel of the division shall exercise such authority as shall be delegated to them by the building inspector. (Ch. No. 2542, Sec. 2.5, 6-1-70)
Whenever the building inspector determines that the condition of a nonresidential premises or any part thereof is in violation of any zoning, building, fire, or health ordinance or regulation adopted pursuant thereto, or any other ordinance, or code, or regulation of the city governing the condition and improvement of property which is not provided for by this article, or which is provided for by a higher standard of such other ordinance, code or regulation, according to section 7-44, he shall refer such violations to the appropriate authority. (Ch. No. 2542, Sec. 2.6, 6-1-70)
The building inspector is hereby empowered to make, and to adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this article, to interpret and to secure the intent thereof, but no such rules and regulations shall be in conflict with the provisions of this article, the Home Rule Charter, or any other ordinance of the city or shall have the effect of waiving or modifying any provisions of this article. (Ch. No. 2542, Sec. 2.7, 6-1-70)
The building inspector shall serve as the hearing officer and as such shall be responsible for the scheduling, conduct, and recording of hearings as provided for in division 2. (Ch. No. 2542, Sec. 2.8, 6-1-70)
The supreme court and the superior court or any justice of either of such courts in vacation, shall upon due proceedings instituted in the name of the community have power to issue any extraordinary writs or to proceed according to course of equity, or both:
(1) To restrain, prevent, enjoin, abate or correct a violation;
(2) To order the repair, vacation or demolition of any nonresidential premises existing in violation of the provisions of this article, or to otherwise compel compliance with all of the provisions of this article, and any rule or regulation adopted pursuant to the authority hereof. When under the provisions of this article, any work is done or material furnished by the building inspector or by his order at the expense of the owner or other persons interested, the value of such work and material may be recovered in an action of the case brought against such owner or other interested person, or against any surety where a performance bond exists, and if any such work or materials shall have been done or furnished at the cost of the city, the building inspector shall cause the same to be brought in the name of the city. Upon the entry of any case or proceeding brought under the provisions of this article, the court shall at the request of either party advance the case so that it may be heard and determined with as little delay as possible. (Ch. No. 2542, Sec. 6.1, 6-1-70)
Nothing in this article shall be deemed to abolish or impair any existing remedies of the city or its officers or agencies relating to the removal or abatement of nuisances, or to the removal or demolition of any buildings which are deemed to be dangerous, unsafe, or unsanitary. (Ch. No. 2542, Sec. 7.2, 6-1-70)
Whenever the provisions of this article require the construction, installation, alteration, or repair of a dwelling or of its facilities, utilities, or equipment, the required work shall be done in full compliance with the applicable provisions of the building code, except as provided in section 7-44. (Ch. No. 2542, Sec. 7.3, 6-1-70)
In any case where a provision of this article or of any regulation adopted pursuant thereto is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto, or any other ordinance, or code or regulation of the city, the provision which established the higher standard for the promotion of the health and safety of the people shall prevail. (Ch. No. 2542, Sec. 7.4, 6-1-70)
All departments, officials and employees of the city which have the duty or authority to issue permits or licenses in regard to the construction, installation, repair, use of occupancy of premises or equipment or facilities shall conform to the provisions of this article, and no permit or license for any construction, installation, repair, use of occupancy shall be issued if such would be in conflict with the provisions of this article, except as provided in section 7-44. Any permit or license issued in conflict with the provisions of this article, except as provided in section 7-44, shall be null and void. (Ch. No. 2542, Sec. 7.5, 6-1-70)
Nothing in this article shall prevent an owner, operator or occupant from shifting the responsibility of the one to the other, provided that the primary and final responsibility in every case shall remain upon the person herein designated. (Ch. No. 2542, Sec. 7.6, 6-1-70)
Any person who shall violate any provision of this article, or any provision of any rule or regulation adopted pursuant to authority granted by this article, shall, upon conviction, be punished as prescribed in section 1-8. (Ch. No. 2542, Sec. 7.1, 6-1-70)
The building inspector is hereby authorized and directed to make inspections to determine the condition of nonresidential premises in order that he may perform his duty of safeguarding the health, safety and welfare of the occupants of nonresidential premises and of the general public. For the purpose of making such inspections, the building inspector is hereby authorized to enter, examine and survey at all reasonable times all nonresidential premises. (Ch. No. 2542, Sec. 3.1, 6-1-70)
The owner, operator or occupant of every nonresidential premises, or the person in charge thereof, shall upon due notice give the building inspector free access to such premises, at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of nonresidential premises shall give the owner or operator thereof, or any person designated by the owner or operator, access to any part of such premises, at all reasonable times 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 violations or order issued pursuant to the provisions of this article. In the event entry is denied or resisted, an order to examine, inspect or survey may be obtained from a court of competent jurisdiction as provided in section 7-41. (Ch. No. 2542, Sec. 3.2, 6-1-70)
Whenever the building inspector 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, and shall specify the alleged violation and a reasonable time to correct it, in no case less than ten (10) days, and shall be served upon the owner, operator, or the occupant, as the case may require. Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail return receipt requested to the last known address of such person; or if a copy thereof is posted in a conspicuous place in or about the premises affected by the notice; or if the responsible person is served with such notice by any other method now or hereafter authorized under the laws of this state. The notice of violation shall inform the person to whom it is directed of his right to apply for a hearing by the building inspector, and the procedure by which application for such hearing can be made as provided in section 7-57. Written entry of appearance or presence at such hearing shall fulfill the requirements for service of this notice of violation. (Ch. No. 2542, Sec. 3.3, 6-1-70)
Any notice of violation as provided in section 7-55 shall automatically become a compliance order if written request for a hearing is not filed in the office of the building inspector within ten (10) days after the service of the notice. A copy of the compliance order shall be served in the manner provided in section 7-55 and shall inform the person to whom it is directed of his right of appeal to the nonresidential board of review, and the procedure by which application for such appeal can be made as provided in division 4. Written entry of appearance or presence at a hearing in connection with a notice of violation shall not fulfill the requirements for service of a compliance order. (Ch. No. 2542, Sec. 3.4, 6-1-70)
Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this article or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing before the building inspector after such person shall file in the office of the building inspector a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom any notices and orders may be served, and why such enforcement or compliance should not be effected. If this request is filed within ten (10) days after the service of the notice of violation, compliance with the notice shall not be required while the hearing is pending. On receipt of such request, the building inspector shall set a time and place for such hearing, and shall give the applicant at least seven (7) days written notice thereof. At such hearing, the applicant shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn. (Ch. No. 2542, Sec. 3.5, 6-1-70)
After a hearing held in accordance with the provisions of section 7-57 and on consideration of the evidence presented, the building inspector shall sustain, modify or withdraw the notice. If the building inspector by his decision, sustains or modifies the notice, such decision shall be deemed a compliance order. Compliance orders shall be served on the person whom the building inspector shall find to be responsible for the violation and in the manner provided by section 7-56. (Ch. No. 2542, Sec. 3.6, 6-1-70)
The building inspector shall keep a record of the hearing which shall include a copy of the notice of violation, the request for hearing, entries of appearance, findings of fact, if any, the decision of the building inspector and a copy of any compliance order issued in connection therewith, and such record shall be maintained as a public record. (Ch. No. 2542, Sec. 3.7, 6-1-70)
At the end of the time period specified in the compliance order or any extension thereof, it shall be the duty of the building inspector to make a reinspection of the dwelling, dwelling unit, rooming or dwelling premises and if the order has not been complied with, the building inspector shall institute proper legal action or make such further orders as the case may require. (Ch. No. 2542, Sec. 3.8, 6-1-70)
Any owner of a building receiving a notice of violation or a compliance order stating that such building does not comply with the provisions of this article or of the rules and regulations adopted pursuant thereto may demolish such building, and such action shall be deemed compliance, except that any resulting cellar holes shall be filled to grade with clean fill. (Ch. No. 2542, Sec. 3.9, 6-1-70)
It shall be unlawful for the owner of any nonresidential premises 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 building inspector, and at the same time notify the building inspector in writing of the intent to transfer, lease or mortgage either by delivering such notice of intent to the building inspector 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 violation or compliance order shall be bound by such notice or order as of the date of such transfer, lease or mortgage without service of further notice upon him. (Ch. No. 2542, Sec. 3.10, 6-1-70)
Whenever a notice of violation or a compliance order has been issued for a violation of this article or any rule or regulation adopted pursuant thereto, the building inspector may file in the office of the city clerk a copy of the notice or order. Such notice or order shall be recorded in the same manner as "lis pendens" notices, and such recording shall be constructive notice to any purchaser or encumbrancer of the real property affected thereby. Notwithstanding any other provisions of this article, any person purchasing or otherwise acquiring any interest in any real property and having actual or constructive notice of any proceedings instituted under the provisions of this article shall be immediately subject to and bound by any such proceedings and to any compliance order entered with respect to the real property. (Ch. No. 2542, Sec. 3.11, 6-1-70)
(a) Whenever any nonresidential premises are found by the enforcing officer to be unfit for use or occupancy or a public nuisance because of defects which constitute a serious hazard or immediate peril to the health, safety or welfare of the occupants of the premises, occupants of neighboring premises or the general public, the building inspector may:
(1) Order such nonresidential premises to be vacated until such time as he determines that such premises are again fit for use and occupancy;
(2) Order such nonresidential premises to be secured at door and window as follows:
By covering from the exterior all openings including doors and windows from cellar to second floor inclusive, porches, or structural appurtenances on all floors with one-half (1/2) inch thick plywood secured with screws, or screw-type nails, of a minimum length of one and one-half (1 1/2) inches, placed twelve (12) inches on center. All other windows must be secured from the exterior with either plywood or three-quarter (3/4) inch matched boards.
(3) Order the removal or demolition of a nonresidential premises whenever the repair, alteration or improvement of such premises cannot be made at a cost reasonably related to the value of the premises; provided, however, that the owner of such premises, may at his discretion, repair, alter or improve the premises regardless of the cost, within a time period (not to exceed three (3) months) specified in the order, provided, however, the enforcing officer shall require a one hundred per cent (100%) performance bond guaranteeing that all work will be done and the owner agrees that if rehabilitation does not occur within the time specified, the enforcing officer may thereafter remove or demolish the premises without further notice;
(4) Repair, alter or improve, or cause to be vacated and secured, or both, such nonresidential premises at the expense of the owner or other responsible person, whenever the owner or other responsible person fails to comply with an order to repair, alter or improve, or to vacate and secure the premises, provided that the cost of such repair, alteration or improvement is reasonably related to the value of the nonresidential premises;
(5) Remove or demolish such premises at the expense of the owner whenever the owner fails to comply with an order issued to remove or demolish in accordance with the provisions of subparagraph (3) above; and proceed to collect on any bond in existence for any expenses incurred in removal or demolishing such premises. (Ch. No. 2542, Sec. 3.12, 6-1-70)
Whenever the owner fails to comply with any order as provided for in section 7-64(a) (1), (2) and (3) above the cost incurred by the enforcing officer or any person doing work or furnishing materials by his order under the provisions of section 7-64(a) (4) and (5) above shall be a lien against the real property, to the extent that such costs have not been reimbursed by the owner or as the result of the enforcement of any existing performance bond and such lien shall be enforced in the same manner provided or authorized by law for enforcement of common law liens on personal property. Such lien shall be recorded and have surety over any and all other encumbrances if the premises are removed or demolished by the enforcing officer, he may sell the materials of such premises and the net costs of demolition and removal shall be charged to the owner and, if any balance remains, it shall be credited to the owner. (Ch. No. 2542, Sec. 3.13, 6-1-70)
Whenever the expenses and costs incurred by the building inspector in the execution of a compliance order as authorized by section 7-64 is certified by the building inspector, it shall be paid out of the city treasury, from funds made available for such purposes to the building inspector. The owner, operator or occupant of the nonresidential premises who is responsible for immediate compliance shall be served a notice stating the amount of the expenses incurred by the building inspector in executing the compliance order. Such notice shall be served in the manner provided in section 7-55. These expenses shall be paid for by the responsible person on whom the notice is served and unless the expenses are paid within thirty (30) days after such notice is served, the building inspector 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 a ten per cent (10%) service charge in addition thereto. (Ch. No. 2542, Sec. 3.14, 6-1-70)
This article shall be construed most favorable to the city, its intention being to give such community the fullest and most complete powers possible concerning the subject matter hereof. (Ch. No. 2542, Sec. 3.15, 6-1-70)
The owner of every nonresidential building shall maintain any nonresidential building or part thereof to comply with the standards set forth in this division. (Ch. No. 2542, Sec. 4, 6-1-70)
The grading and drainage of any nonresidential building shall be such that no water shall be allowed to seep into any basement or cellar, or to accumulate or become stagnant therein or on the premises, and no roof or surface drainage shall create a structural, safety, or health hazard by reason of construction, maintenance, or manner of discharge. (Ch. No. 2542, Sec. 4.1, 6-1-70)
Every foundation shall adequately support the nonresidential building at all points, shall be free of holes, structural cracks and buckling. Every floor, exterior wall and roof shall be free of holes, wide cracks, and loose, warped, protruding or rotted boards or any other condition which might admit moisture, or rodents, or which might constitute a hazard to health or safety. All exposed surfaces which have been adversely affected by exposure or other causes shall be repaired and coated, treated or sealed so as to protect them from serious deterioration. Every interior wall and ceiling shall be free of large holes and a large number of cracks, loose plaster or other material, defective or deteriorated materials, or serious damage and shall be properly maintained. Every chimney shall be maintained in a safe condition. Every gutter and downspout shall be kept in good repair, Ch. No. 2542, Sec. 4.2, 6-1-70)
Every window, exterior door, and bulkhead shall be reasonably weather-tight, watertight and rodent-proof, and shall be kept in good repair. (Ch. No. 2542, Sec. 4.3, 6-1-70)
Every inside and outside stairway, every porch, and every appurtenance thereto, shall be constructed and maintained in safe condition and good repair. (Ch. No. 2542, Sec. 4.4, 6-1-70)
Every supplied facility, piece of equipment, or utility, shall be so designed, constructed, and installed according to law that it will function safely and effectively, and shall be maintained in safe and sanitary working condition. (Ch. No. 2542, Sec. 4.5, 6-1-70)
Every plumbing fixture, and water pipe and sewer or line shall be properly installed according to law and maintained in safe and sanitary working condition, free from defects, leaks, and obstructions. (Ch. No. 2542, Sec. 4-6, 6-1-70)
Cross reference--Health and sanitation, Ch. 18.
Every electrical fixture, wire and electrical connection shall be properly installed according to law and maintained in safe condition and be free from any defects. (Ch. No. 2542, Sec. 4.7, 6-1-70)
Every nonresidential building shall be free of infestation, and shall be maintained as such. (Ch. No. 2542, Sec. 4.8, 6-1-70)
Cross reference--Health and sanitation, Ch. 11.
All accessory structures shall be maintained in good repair and sanitary condition. (Ch. No. 2542, Sec. 4.9, 6-1-70)
All premises shall be free from any garbage, rubbish and combustible material of every nature and description. (Ch. No. 2542, Sec. 4.10, 6-1-70)
Cross references--Fire prevention and protection, Ch. 8; garbage and trash, Ch. 10; health and sanitation, Ch. 11.
All unoccupied nonresidential buildings that become open at doors or windows, leaving the interior of the premises exposed to the elements or accessible to entrance by trespassers, or is dangerous to human life, or constitutes either a fire hazard or a public nuisance, shall be made secure in accordance with the building code. All openings secured as provided herein shall be painted as nearly as possible to the existing color of the remaining buildings. (Ch. No. 2542, Sec. 4.11, 6-1-70; Ch. No. 2807, Sec. 1, 7-17-72)
Editor's note--Ch. No. 2807, Sec. 1, amended Sec. 7-84 by adding the last sentence.
Every common stairway used primarily for egress or ingress in all nonresidential buildings, shall be properly supplied with conveniently located switches controlling an adequate electric lighting system which may be turned on when needed. (Ch. No. 2542, Sec. 4.12, 6-1-70)
Whenever any nonresidential building is so lacking in the standards mentioned in this division so as to be a hazard to the health, safety or welfare of the occupants of any neighboring buildings of the general public, the same shall be a public nuisance. (Ch. No. 2542, Sec. 4.13, 6-1-70)
There shall be a nonresidential board of review which is authorized to hear and decide appeals by any person upon whom a compliance order has been served. (Ch. No. 2542, Sec. 5.1, 6-1-70)
The nonresidential board of review shall consist of five (5) members appointed by the city council. Members of the board shall serve without compensation. (Ch. No. 2542, Sec. 5.2, 6-1-70)
One member of the board shall be appointed for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years, and one to serve for one (1) year, each new member to serve for five (5) years and until his successor has been appointed and qualified. The city council shall appoint a member of the board to fill any unexpired term if a vacancy occurs. (Ch. No. 2542, Sec. 5.3, 6-1-70)
Each member of the board shall be a resident and registered voter of the city. No member of the board shall serve on any other appointive board of the city. (Ch. No. 2542, Sec. 5.4, 6-1-70)
The officers of the board shall be a chairman, a vice-chairman, and a secretary. All officers shall be elected annually by a majority of the board. (Ch. No. 2542, Sec. 5.5, 6-1-70)
No member of the board shall pass on any matter in which he has a business or a personal interest. (Ch. No. 2542, Sec. 5.6, 6-1-70)
The nonresidential board of review shall have the following powers:
(1) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the building inspector in the enforcement of this article or any rule or regulation adopted pursuant to the authority hereof.
(2) To vary or modify the application of any of the provisions of this article, or any rule or regulation adopted pursuant to the authority hereof, in such a manner that the spirit of this article shall be observed and public health, safety, morals and general welfare secured and substantial justice done where as a result of unusual conditions a literal enforcement of this article would result in undue hardship.
(3) In exercising the above-mentioned powers, the board may in conformity with the provisions of this article, reverse or affirm wholly or partly, or may modify any order, requirement, decision or determination of the building inspector and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building inspector from whom the appeal was taken. (Ch. No. 2542, Sec. 5.7, 6-1-70)
Sec. 7-99. Application for appeal.
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 in unusual conditions unnecessary hardship will result from the literal enforcement of article provisions. Any eligible person desiring to take an appeal shall file in the office of the board, within ten (10) days after service of the compliance order, a written appeal including a brief statement of the reasons therefore, and a detailed statement of the facts supporting the appeal. A notice of the appeal shall be forwarded immediately to the building inspector by the secretary of the board. (Ch. No. 2542, Sec. 5.8, 6-1-70)
An appeal fee, in accordance with the following schedule, shall be paid upon filing of any application for appeal before the board: the appeal fee shall be fifty dollars ($50.00) whenever an appeal is taken from a compliance order issued as a result of hearing before the building inspector; and the appeal fee shall be seventy-five dollars ($75.00) whenever an appeal is taken from a compliance order issued after failure to request a hearing before the building inspector, or after failure to appear at such hearing. Upon receipt of the appeal fee by the board, such fee shall be paid to the city treasurer. (Ch. No. 2542, Sec. 5.9, 6-1-70)
An appeal to the board shall stay all proceedings under the compliance order from which such appeal has been taken except that the building inspector may certify to the board after receipt of the notice of the appeal, as provided in section 7-94, that by reason of the facts stated in the certificate any stay of proceedings would in his opinion cause a serious hazard or immediate peril to the health or safety of the occupants of the premises or of the public, and in such event proceedings shall not be stayed except by restraining order granted by the chairman or the acting chairman of the board on application therefor by the appellant, upon notice to the building inspector, and on due cause shown or by a court of competent jurisdiction. Whenever a restraining order has been issued, the appeal shall be given priority over all other matters before the board, and shall be promptly heard and decided. (Ch. No. 2542, Sec. 5.10, 6-1-70; Ch. No. 7790, Sec. 1, 12-17-2014)
The board shall meet at least once a month and at other times upon the call of the chairman.
Notice of the meeting to hear an appeal shall be in accordance with Title 42 of the Rhode Island General Laws 42-46~2 entitled, Open Meetings". Notice shall be delivered to the appellant, the building inspector and the members of the board at least ten (10) days before the holding of the meeting, except for a hearing on an appeal involving a restraining order, at which time notice need not exceed forty-eight (48) hours. Upon receipt of notice of an appeal, the building inspector shall forward immediately to the secretary of the board all pertinent records.
(Ch. No. 7792, Sec. 1, 12-17-2014)
In order for the board to hear an appeal, a quorum of three (3) members of the board must be present. When a quorum is not present, the hearing of the appeal shall be postponed until such time as a quorum is present. The board shall provide for a new date for the hearing of the appeal in accordance with the provisions of section 7-102. (Ch. No. 2542, Sec. 5.12, 6-1-70)
All hearings of the nonresidential board of review shall be "de novo." All hearings shall be public, and the appellant, his representative, the building inspector and any other person whose interests may be affected by the matter on appeal, and who files a written entry of appearance shall be given an opportunity to be heard. Written entry of appearance at such hearing shall fulfill the requirements for service of any notice or order by the building inspector. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Proceedings of the board shall be conclusive with respect to questions of fact and may be reviewed only on questions of law by courts of competent jurisdiction as provided in section 7-107. (Ch. No. 2542, Sec. 5.13, 6-1-70)
A concurring vote of a majority of the members of the board present at the hearing shall be necessary, to reverse or modify any order or decision of the building inspector and to authorize a variance in the application of any of the provisions of this article as provided in section 7-92. In the event of a tie vote of the members of the board present at the hearing, the order or decision of the building inspector shall be deemed to have been sustained. (Ch. No. 2542, Sec. 5.14, 6-1-70)
All decisions of the board shall be in writing. The board shall keep clear and detailed minutes of all its proceedings including its decisions and the reasons therefore and the vote of each member participating therein and the absence of a member or his failure to vote. Such record, immediately following the board's decision, shall be filed in the office of the board and shall be a public record. Notice of the board's decision shall be promptly furnished to the appellant, his representative, any person who has filed a written entry of appearance, and to the building inspector, and the building inspector shall take immediate action in accordance with the decision of the board. (Ch. No. 2542, Sec. 5.15, 6-1-70)
Any person including the building inspector, aggrieved by any decision of the board of review may present to the supreme court a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board. Upon the presentation of such petition in court may allow a writ of certiorari directed to the nonresidential board of review to review such decision of the board and shall prescribe therein the time within which a return thereto must be made, which shall be not less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may on application, upon notice to the board and on due cause shown, grant a restraining order. The board shall not be required to return the original papers acted upon by it but shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show grounds of the decision appealed from and shall be verified. If upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a master to take such evidence as it may direct and report the same to the court with his findings of facts and conclusions of law, which shall constitute a part of the preceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly or may modify the decision brought up for review. (Ch. No. 2542, Sec. 5.16, 6-1-70)
(Editor's note--Ch. No. 2983, adopted April 15, 1974, did not expressly amend this Code, hence codification of Secs. 1--7 as Art. IV, Secs. 7-119--7-125, was at the discretion of the editors.)
(a) Buildings to be secured. Except as hereafter specifically exempted, all mercantile and industrial buildings hereafter erected in the City of Woonsocket and all buildings hereafter requiring a certificate of occupancy for the purpose of conducting, managing or carrying on any business or industry shall, when not occupied by a watchman, maintenance personnel or other authorized persons during the period that such a building is closed, be so secured as to prevent unauthorized entry in accordance with specifications for physical security of exterior accessible openings as provided in sections 7-124 and 7-125 of this article.
(b) Exemptions.
(1) Buildings of assembly, which shall include theaters, churches and schools but not include nightclubs, restaurants and museums.
(2) Institutional buildings, which shall include day nurseries, hospitals, sanitoriums, clinics, infirmaries, orphanages, homes for aged and infirm, fire stations and police stations. (Ch. No. 2983, Sec. 1, 4-15-74)
(a) The building inspector shall enforce the provisions of this article and is hereby authorized and directed to make inspections at reasonable hours; or in response to a complaint that an alleged violation of this article may exist; or when the enforcing officer has valid reason to believe that a violation of this article has been or is being committed.
(b) The enforcing officer is hereby authorized to enter and inspect at reasonable hours all structures subject to this article, for the purpose of determining whether there is compliance with its provisions.
(c) The enforcing officer is hereby authorized to inspect the premises surrounding structures subject to this article, for the purpose of determining whether there is compliance with its provisions.
(d) The enforcing officer and the owner, occupant or other person in charge of a structure subject to this article may agree to an inspection by appointment at any time.
(e) The owner, occupant or other person in charge of a structure, upon presentation of proper identification by the enforcing officer, shall give the enforcing officer entry and free access to every part of the structure and to the premises surrounding said structure.
(f) If any owner, occupant, or other person in charge of a structure, fails or refuses to permit free access and entry to the structure or premises under his control, or any part thereof, with respect to which an inspection authorized by this article is sought to be made, the enforcing officer may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such structure, petition and obtain such order from a court of competent jurisdiction.
(g) Any person who refuses to comply with an order issued pursuant to this section shall be subject to such penalties as may be authorized by law for violation of a court order.
(h) The enforcing officer shall have the right to prosecute for any violation of this article as provided by law, and is hereby authorized to execute all warrants, with the exception of search warrants, for the violation of laws relating to this article and to serve subpoenas issued for the trial of all offenses against this article. (Ch. No. 2983, Sec. 1, 4-15-74)
The assistance and cooperation of police, fire and other administrative agencies of the municipality shall be available to the building inspector as required in the performance of his duties under this article, and, further, shall notify the building inspector of any violation of this article. (Ch. No. 2983, Sec. 3, 4-15-74)
(a) Future buildings. Responsibility for compliance with the requirements contained in sections 7-124 and 7-125 of this article shall rest with the owner of buildings hereafter erected.
(b) Existing buildings. Responsibility for compliance with the requirements contained in sections 7-124 and 7-125 of this article for existing buildings shall be as follows;
(1) When said commercial business does not share the use of exterior openings with any other business establishment, the person operating said business shall be responsible.
(2) When two (2) or more businesses have the use of the same exterior openings of any commercial building, the owner of said building or his designated agent shall be responsible. (Ch. No. 2983, Sec. 4, 4-15-74)
(a) Notice of violation. Whenever the building inspector determines that there are reasonable grounds to believe that there is a violation of any provision of this article, he shall give notice of such alleged violation to the person responsible therefore, as hereinafter provided. Such notice shall be in writing, and shall specify the alleged violation and a reasonable time to correct it, in no case less than ten (10) days, and shall be served upon the owner, operator, or the occupant, as the case may require. Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by certified mail return receipt requested to the last known address of such person; or if the responsible person is served with such notice by any other method now or hereafter authorized under the laws of this state. The notice of violation shall inform the person to whom it is directed of his right to apply for a hearing by the building inspector, and the procedure by which application for such hearing can be made as provided in subsection (c) of this section. Written entry of appearance or presence at such hearing shall fulfill the requirements for service of this notice of violation.
(b) Compliance order generally. Any notice of violation as provided in subsection (a) of this section shall automatically become a compliance order if written request for a hearing is not filed in the office of the building inspector within ten (10) days after the service of the notice. A copy of the compliance order shall be served in the manner provided in subsection (a) of this section and shall inform the person to whom it is directed of his right of appeal to the board of appeals, and the procedure by which application for such appeal can be made as provided in subsection (c) of this section. Written entry of appearance or presence at a hearing in connection with a notice of violation shall not fulfill the requirements for service of a compliance order.
(c) Request for hearing. Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this article may request and shall be granted a hearing before the building inspector after such person shall file in the office of the building inspector a written request for such hearing, setting forth a brief statement of the grounds therefore, designating the person and his address upon whom any notices and orders may be served, and why such enforcement or compliance should not be effected. If this request is filed within ten (10) days after the service of the notice of violation, compliance with the notice shall not be required while the hearing is pending. On receipt of such request, the building inspector shall set a time and place for such hearing, and shall give the applicant at least seven (7) days written notice thereof. At such hearing the applicant shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.
(d) Finding of hearing. After a hearing held in accordance with the provisions of subsection (c) of this section and on consideration of the evidence presented, the building inspector shall sustain, modify or withdraw the notice. If the building inspector by his decision, sustains or modifies the notice, such decision shall be deemed a compliance order. Compliance orders shall be served on the person whom the building inspector shall find to be responsible for the violation and in the manner provided by subsection (a) of this section.
(e) Record of hearing. The Building inspector shall keep a record of the hearing which shall include a copy of the notice of violation, the request for hearing, entries of appearance, findings of fact, if any, the decision of the building inspector and a copy of any compliance order issued in connection therewith, and such record shall be maintained as a public record.
(f) Appeals from compliance order. The building code appeal board shall sit and act as security board of appeals in all cases of appeal from a compliance order under this article.
(g) Application for appeal. 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; that the compliance order is contrary to law; that the provisions of this article do not fully apply; or that unnecessary hardship will result from the literal enforcement of ordinance provisions. Any eligible person desiring to take an appeal shall file in the office of the board, within ten (10) days after service of the compliance order, a written appeal including a brief statement of the reasons therefore, and a detailed statement of the facts supporting the appeal. A notice of the appeal shall be forwarded immediately to the building inspector by the secretary of the board.
(h) Effect of appeal. An appeal to the board shall stay all proceedings under the compliance order from which such appeal has been taken except that the building inspector may certify to the board after receipt of the notice of the appeal, as provided in subsection (g) of this section, that by reason of the facts stated in the certificate any stay of proceedings would in his opinion cause a serious hazard or immediate peril to the health or safety of the occupants of the premises or of the public, and in such event proceedings shall not be stayed except by restraining order granted by the chairman or the acting chairman of the board on application therefore by the appellant, upon notice to the building inspector, and on due cause shown or by a court of competent jurisdiction. Whenever a restraining order has been issued, the appeal shall be given priority over all other matters before the board, and shall be promptly heard and decided.
(i) Board meetings; records to be forwarded to board. The board shall meet at least once a month and at other times upon the call of the chairman. Notice of the meeting to hear an appeal shall be given the appellant, the building inspector, and the members of the board, at least ten (10) days before the holding of the meeting, except for a hearing on an appeal involving a restraining order, at which time notice need not exceed forty-eight (48) hours. Upon receipt of notice of an appeal, the building inspector, shall forward immediately to the secretary of the board all pertinent records.
(j) Quorum for hearing on appeal. In order for the board to hear an appeal a quorum of three (3) members of the board must be present. When a quorum is not present, the hearing of the appeal shall be postponed until such time as a quorum is present. The board shall provide for a new date for the hearing of the appeal in accordance with the provisions of subsection (i) of this section.
(k) Proceedings of the board generally. All hearings of the security board of appeals shall be "de novo." All hearings may be public, and the appellant, his representative, the building inspector and any other person whose interests may be affected by the matter on appeal, and who files a written entry of appearance, shall be given an opportunity to be heard. Written entry of appearance at such hearing shall fulfill the requirements for service of any notice or order by the building inspector. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. Proceedings of the board shall be conclusive with respect to questions of fact and may be reviewed only on questions of law by courts of competent jurisdiction.
(1) Vote of the board. A concurring vote of a majority of the members of the board present at the hearing shall be necessary to reverse or modify any order or decision of the building inspector and to authorize a variance in the application of any of the provisions of this article. In the event of a tie vote of the members of the board present at the hearing, the order or decision of the building inspector shall be deemed to have been sustained.
(m) Written decision of board; notice of decision; records of the board. All decisions of the board shall be in writing. The board shall keep clear and detailed minutes of all its proceedings including its decisions and the reasons therefore and the vote of each member participating therein and the absence of a member or his failure to vote. Such record, immediately following the board's decision, shall be filed in the office of the board and shall be a public record. Notice of the board's decision shall be promptly furnished to the appellant, his representative, any person who has filed a written entry of appearance, and to the building inspector, and the building inspector shall take immediate action in accordance with the decision of the board.
(n) Fee to appeal. The cost of appeals to the board shall be one hundred dollars ($100.00). (Ch. No. 2983, Sec. 5, 4-15-74; Ch. No. 4934, Sec. 1, 4-4-88)
(A) Compliance with securing regulations required. All exterior openings of any building used under a certificate of use purposes and subject to the provisions of this article and not otherwise protected by photoelectric, ultrasonic or other intrusion detection devices, approved by the building official, shall be secured as provided in this section, provided that locking devices on exit doors in the building code (sections 7-16--7-21) shall comply with the requirements of section 614 of the BOCA Basic Building Code.
(B) Standards. Appendix A (Editor's not--Appendix A reads as follows: Standards: (1) Title 23, Chapter 27.1, General Laws of Rhode Island, 1956, as amended. (2) American National Standards Institute Z97.1-1972. (3) Federal Specification No. 86A. (4) Federal Specification No. 86B. (5) Federal Specification No. 86J. (6) Federal Specification No. 86N. (7) American Society for Testing and Materials-F-12. (8) Underwriters' Laboratories, Inc. 437-972, 639-634, 6-11. (9) NFPA-72E-T.) applied to hazardous locations means those structural elements, glazed or to be glazed in industrial, commercial and public buildings, known as framed or unframed glass entrance or exit doors; sliding glass doors (both fixed and sliding panels) storm doors, and those fixed glazed panels immediately adjacent to entrance and exit doors; thereof any other structural elements of wood or metal doors shall be secured as follows:
(1) Front doors. All exterior doors on any such building or premises shall comply with the following requirements:
(a) Safety glass in doors, wood or metal doors with safety glass panel, solid wood or metal doors shall be secured as follows:
1. A single door shall be equipped with either a double cylinder dead lock that unlocks from both the outside and inside by key, or with a cylinder dead lock that unlocks from the outside by a key and inside by a turnpiece, handle, or knob or with a dead locking latch having a guarded bolt that unlocks from the outside by a key and inside by a turnpiece, handle, or knob.
2. On double doors the active leaf shall be equipped with a cylinder dead lock that unlocks single doors above, and the inactive leaf shall be equipped with flush bolts at the head and foot.
(b) Doors with glass panels not of safety glass and doors that have nontempered glass or safety glass panels adjacent to the door frame shall be secured as follows:
1. A single door shall be equipped with a cylinder dead lock that unlocks from both the outside and inside by a key.
2. On double doors the active leaf shall be equipped with a cylinder dead lock that unlocks from both the outside and inside by a key, and the inactive leaf shall be equipped with flush bolts at the head and foot.
(c) Rolling overhead doors that are not controlled or locked by electric power operation shall be equipped on the inside with the following protective devices:
1. Manually operated doors shall be provided with slide bolts on the bottom bar.
2. Chain operated doors shall be provided with a cast iron keeper and pin for securing the hand chain.
3. Crank operated doors shall be provided with a means for securing the operating shaft.
(d) A solid overhead, swinging, sliding, or accordian-type door shall be secured with a cylinder lock, padlock, and/or metal slide bar bolt or crossbar on the inside when not otherwise controlled or locked by electric power operation. If a padlock is used, it shall be of hardened steel shackle, with minimum four-pin tumbler operation. In the event that this type of door provides the only entrance to the front of the building, a cylinder lock or padlock may be used on the outside.
(e) Metal accordian grate or grill-type doors shall be equipped with a metal guide track at the top and bottom, and a cylinder lock and/or padlock with hardened steel shackle and a minimum four-pin tumbler operation.
(f) Outside hinges on all front doors shall be provided with nonremovable pins. Such hinge pins may be either welded, flanged, or secured by a screw.
(2) Rear, side and basement doors. All accessible rear, side and basement doors of any such building or premises shall comply with the following requirements:
(a) All doors of the types listed below shall comply with the requirements of subsection (B) (1) of this section for front doors.
1. Safety or tempered glass doors, wood or metal doors, with safety or tempered glass panel.
2. Metal doors.
3. Rolling overhead doors.
4. Solid overhead, swinging, sliding, or accordian garage-type doors.
5. Metal accordian grate or grill-type doors.
(b) Doors with glass panels and doors that have glass panels adjacent to the door frame shall be secured as follows:
1. The glass panel shall be covered with iron bars of at least one-half (1/2) inch round or one inch by one fourth (1/4) inch flat steel materials, spaced not more than five (5) inches apart, or
2. Iron or steel grills of at least one-eighth (1/8) inch materials of two (2) inch mesh.
3. If the door or glass panel barrier is on the outside, it shall be secured with a rounded head-flush bolt on the outside.
4. If the remaining portion of a door panel exceeds eight (8) inches by twelve (12) inches (excluding door frame), is of wood, but not of solid core construction, or is less than one and three-eighths (1 3/8) inches thick, said portion shall be covered on the inside with at least sixteen (16) gauge steel attached with screws no less than five (5) inches apart.
(c) Wood doors, not of solid core construction, or with panels therein less than one and three-eighths (1 3/8) inches thick, shall be covered on the inside with at least sixteen (16) gauge sheet steel attached with screws.
(d) Locking devices.
1. A single door shall be equipped with either a double cylinder dead lock that unlocks from both the outside and inside by a key, with a cylinder dead lock that unlocks from the outside by a key and inside by a turnpiece, handle, or knob, with a dead locking latch having a guarded bolt that unlocks from outside by a key and inside by a turnpiece, handle, or knob, or with an approved slide bar bolt, crossbar, and/or padlock. If a padlock is used, it shall be of hardened steel shackle, with a minimum four-pin tumbler operation.
2. On double doors the active leaf shall be equipped with a type of lock as prescribed for single doors above, and the inactive leaf shall be equipped with flush bolts at head and foot.
(e) Outside hinges on all rear, side and basement doors shall be provided with nonremovable pins. Such hinge pins may be either welded, flanged or secured by a screw.
(3) Roof doors. All doors that exit onto the roof of any such building or premises shall comply with the following requirements:
(a) Doors with glass panels and any glass panels that are adjacent to the door frame shall be protected as follows:
1. The glass portion shall be covered with iron or steel grills of at least one-eighth (1/8) inch materials of no more than two (2) inch mesh securely fastened.
2. If the door or glass panel barrier is on the outside, it shall be secured with a rounded head-flush bolt on the outside.
3. If the remaining portion of a door panel exceeds eight (8) inches by twelve (12) inches (excluding door frame) and is of wood, but not of solid core construction, or is less than one and three-eighths (1 3/8) inches thick, said portion shall be covered on the inside with at least sixteen (16) gauge sheet steel attached with screws.
(b) Wood doors not of solid core construction, with panels therein less than one and three-eighths (1 3/8) inches thick, shall be covered on the inside with at least sixteen (16) gauge sheet steel attached with screws.
(c) All roof doors shall be provided with a lock that will permit the door to be opened from the inside without the use of a key or any special knowledge or effort.
(d) Outside hinges on all roof doors shall be provided with nonremovable pins. Such hinge pins may be either welded, flanged, or secured by a screw.
(4) Glass windows. The building inspector shall, with the advice and assistance of the chief of police and chief of the fire department, determine the extent of protection, if any, that is required for accessible glass windows at the side and rear of such building. Glass windows shall be deemed accessible if less than eighteen (18) feet above the ground. In making these determinations, it shall be considered whether the side of the building fronts on a street, the area, location and contents thereof, and whether such openings are protected by intrusion detection devices.
(a) The building official may require side and rear glass windows with a pane exceeding ninety-six (96) square inches in area, with its smallest dimension exceeding six (6) inches, to be protected in the following manner.
1. Inside or outside iron bars of at least one-half (1/2) inch round or one inch by one-quarter (1/4) inch flat steel material, spaced not more than five (5) inches apart, securely fastened, or
2. Inside or outside iron or steel grills of at least one-eighth (1/8) inch mesh securely fastened.
If such barrier is on the outside, it shall be secured with a rounded-head flush bolt on the outside.
(b) If the side or rear window is of the type that can be opened, it shall, where applicable, be secured on the inside with either a slide bar bolt, crossbar, and/or padlock with hardened steel shackle, and minimum four-pin tumbler operation.
(c) Outside hinges on all side and rear glass windows shall be provided with nonremovable pins. Such hinge pins may be either welded, flanged, or secured by a screw.
(5) Accessible transoms. All exterior transoms exceeding eight (8) inches by twelve (12) inches on the side and rear of any such building or premises shall be protected by either of the following:
(a) Outside iron bars of at least one-half (1/2) inch round or one inch by one-quarter (1/4) inch flat steel material spaced no more than five (5) inches apart, or
(b) Outside iron or steel grills of at least one-eighth (1/8) inch material but not more than two (2) inch mesh.
Such barrier shall be secured with rounded-head flush bolts on the outside.
(6) Roof openings. All exterior openings on the roof of any such building or premises shall be protected by either as follows:
(a) Glass skylights shall be provided with:
1. Iron bars of at least one-half (1/2) inch round or one inch by one-quarter (1/4) inch flat steel materials under the skylight and securely fastened, or
2. A steel grill of at least one-eighth (1/8) inch material of two (2) inch mesh, under the skylight and securely fastened.
(b) Hatchway openings shall be secured as follows:
1. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen (16) gauge sheet steel attached with screws.
2. The hatchways shall be secured from the inside with a slide bar or slide bolts. The use of crossbar or padlock is unauthorized, unless approved by the chief of the fire department.
3. Outside hinges on all hatchway openings shall be provided with nonremovable pins. Such hinge pins may be either welded, flanged, or secured by a screw.
(c) Air duct or air vent openings exceeding eight (8) inches by twelve (12) inches shall be secured by covering the same with either of the following:
1. Iron bars of at least one-half (1/2) inch round or one inch by one-quarter (1/4) inch flat steel material, spaced no more than five (5) inches apart and securely fastened, or
2. A steel grill of at least one-eighth (1/8) inch material of two (2) inch mesh and securely fastened.
If the barrier is on the outside it shall be secured with rounded-head blush bolts on the outside. (Ch. 2983, Sec. 6, 4-15-74)
(a) If it is determined by the building inspector that the security measures and locking devices prescribed in section 7-124 of this article do not adequately secure the building, he may require the installation and maintenance of photoelectric, ultrasonic, or other intrusion detection device. In making such determination he shall consider whether:
(1) The business establishment has experienced a high incidence of burglary in the past, or
(2) The type of merchandise and its inventory value require added security protection.
(b) If he determines that such installation is required, notice in writing shall be given to the responsible person designated in section 7-122 of this article specifying the installation to be made and the period of time within which such installation shall be completed. Unless an appeal is filed in accordance with section 7-123 of this article, failure to comply with such notice within the time specified shall be a violation of this article. (Ch. No. 2983, Sec. 7, 4-15-74)
(Editor's note--Ch. No. 4695, adopted Apr. 6, 1987, did not specifically amend this Code; hence inclusion of Secs. 1--5 as Ch. 7, Art. V, Secs. 7-136--7-140, was at the discretion of the editor.)
Within the department of planning and development there shall be a division of building services, the head of which shall be the building inspector, titled "chief of building inspection services." (Ch. No. 4695, Sec. 1, 4-6-87)
Within the division of building services there shall be the division of building inspection and division of minimum housing.
(Ch. No. 4695, Sec. 2, 4-6-87)
The division of building inspection shall be responsible for building, plumbing and electrical inspection, unless otherwise assigned by the mayor; and the director of planning and development shall appoint such inspectors as may in his opinion be required within the amount provided in the budget for such inspectional services. (Ch. No. 4695, Sec. 3, 4-6-87)
The division of building inspection is regularly called in for an emergency declared by the Department of Public Safety.
Should the division of building inspection respond to an emergency, and it is determined to be the responsibility of the business property management or owner and/or tenants, then the division will process an invoice for the emergency call-in to the responsible party(s) for inspector(s) time as follows:
Continuation of the workday after 4:30pm $60.00 per hour
Call in before Sam or after 4:30pm $60.00 per hour (minimum 4 hours)
(Ch. No. 8325, Sec. 1, 9-12-2022)
The division of minimum housing shall be responsible for enforcing the provisions of the ordinance providing minimum standards for housing [chapter 12], the Rhode Island Housing Maintenance and Occupancy Code and such other matters as may be appropriately assigned to it. (Ch. No. 4695, Sec. 4, 4-6-87)
The division of building inspection is regularly called in for an emergency declared by the Department of Public Safety.
Should the division of building inspection respond to an emergency, and it is determined to be the responsibility of the business property management or owner and/or tenants, then the division will process an invoice for the emergency call-in to the responsible party(s) for inspector(s) time as follows:
Continuation of the workday after 4:30pm $60.00 per hour
Call in before Sam or after 4:30pm $60.00 per hour (minimum 4 hours)
(Ch. No. 8325, Sec. 1, 9-12-2022)
The chief (housing) inspector shall supervise and control the division of minimum housing and shall be the enforcing officer thereof and shall be in the classified service, except that the encumbent shall remain as a division head until he resigns or retires. (Ch. No. 4695, Sec. 5, 4-6-87)
(Editor's note--Ch. No. 6619, adopted June 6, 1999, did not specifically amend this Code; hence inclusion of Secs. 1--8 as Ch. 7, Art. VI, Secs. 8-141--7-150, was at the discretion of the editor.)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm business means any business of any individual, partnership, corporation or other entity engaged in the sale, lease, maintenance, service, repairing, alter, replacement, moving or installation of any alarm system or in causing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility.
Alarm system means any assembly of equipment, mechanical, electrical or otherwise arranged or designed to signal the occurrence of an illegal entry or other non-consensual activity requiring urgent attention and to which the Police Department is expected to respond. This definition shall not include alarms installed in conveyances (Automobile Alarms)
Alarm user means the person, partnership, association, company, corporation or organization of any kind in control of any building, structure or facility or portion thereof wherein an alarm system is maintained.
Non residential alarm user means any alarm user utilizing an alarm system at a location which has uses other than residential.
Automatic telephone dialing alarm system means the automatic dialing of any automatic telephone dialing alarm system, and shall include any system which, upon being activated, automatically transmits by telephone or telephone line to the Woonsocket Police Department, a recorded message or code signal indicating a need for emergency response; or a system which, upon activation, connects to an answering service whose function it is to transmit to the Woonsocket Police department a need for emergency response.
False alarm means an alarm signal eliciting a response by the police department where a situation requiring a response by the police department does not in fact exist; but this definition does not include an alarm signal caused by unusually violent conditions of nature, nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user or his or her agents.
Appeal officer means the Chief of Police or an individual designated by the Chief of Police to act in the capacity as an impartial arbitrator to review appeals related to the enforcement of this article.
Alarm permit (Application for Alarm Permit) means the permit to be completed as designated within this article. These permits will be available at the Woonsocket Police Department and also at the City of Woonsocket Building division to be available up when applying for alarm related permits.
(Ch. No. 6619, Sec. 1, 6-7-99; Ch. No. 7580, Sec. 1, 1-4-11)
(1) Whenever an alarm is activated in the City, thereby requiring an emergency response to the location by the Police Department, and the Police Department does respond, a Police Officer on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the emergency response was in fact required as indicated by the alarm system or whether in some way the alarm system malfunctioned and thereby activated a false alarm.
(2) Should the Police Officer at the scene of the activated alarm system determines the alarm to be false, such officer shall make a report of the false alarm, a notification of which shall be mailed or delivered to the alarm user, at the address of the alarm system installation location, advising the alarm user of the false alarm.
(Ch. No. 6619, Sec. 4, 6-7-99)
(1) After the Chief of Police or his designee has recorded the first false alarm for any alarm user, whether residential or non-residential, said alarm user shall be required to complete and or update an application for alarm permit including emergency contact information if they have not already done so.
(2) After the Chief of Police or his designee has recorded three (3) separate false alarms from a security alarm system or from one alarm user within any one (1) calendar year, then the alarm user will be notified by the Chief of Police, via certified mail, of such facts and require the alarm user to submit within ten (10) working days of receipt of such notice, a report describing the alarm user's efforts to discover and eliminate the cause or causes of the false alarms. This notice shall further contain the date and time of each alleged false alarm. After three (3) false alarms in a calendar year the alarm system shall be inspected and certified by a licensed alarm business. Said alarm shall also be then equipped with an automatic shut-off system which will deactivate the audible alarm within 15 minutes after activation. Alarm users of said systems shall maintain such automatic within 90 days of notification.
(3) In the event that the Chief of Police determines that a report submitted in accordance with the preceding paragraph is unsatisfactory or that the alarm user has failed to show by the report that reasonable steps have been taken to eliminate or reduce false alarms, then the Chief of Police will inform the alarm user, via certified mail, that subsequent false alarms will cause the alarm user to be assessed monetary charges as follows:
(a) Fifty ($50) dollars for the fourth false alarm in a calendar year.
(b) One hundred ($100) dollars for the fifth false alarm in a calendar year.
(4) If the Chief of Police is satisfied based on the report submitted by the user, that the action taken will substantially reduce the likelihood of further false alarms, the Chief of Police will notify the alarm user, in writing, that no assessment will be made at the time. However, the alarm user will be subject to assessment procedures on the next false alarm signal transmitted.
(5) All charges assessed hereunder shall be made payable to the City of Woonsocket for deposit into the general fund.
(6) The provisions of this section shall also apply to security alarm systems owned and/or operated by agencies of Rental, Private and/or Lease Companies, the City of Woonsocket, State of Rhode Island or the United States of America.
(Ch. No. 6619, Sec. 5, 6-7-99)
(1) Any alarm user who is aggrieved by a decision of the Chief of Police, may, within five (5) working days of the issuance of the Chief’s decision, appeal to the Municipal Court.
(2) The only ground for appealing a decision of the Chief of Police are:
(a) Proof that a false alarm was caused by a violent condition or nature or actions of the Telephone Company.
(b) Written verification from the alarm user and the alarm business that all necessary steps have been taken to upgrade, improve and insure the accuracy of the security alarm system.
(Ch. No. 6619, Sec. 6, 6-7-99)
(1) The following acts and omissions shall constitute violations of this ordinance, punishable by fine up to two-hundred ($250) dollars:
(a) Failure to obey the order of the Chief of Police to discontinue use of a security alarm system after exhaustion of the right to appeal.
(b) Failure to pay two (2) or more consecutive fines assessed under the article within sixty (60) days from the date of assessment.
(Ch. No. 6619, Sec. 7, 6-7-99)
(1) The Chief of Police shall promulgate such regulations as may be necessary for the implementation of this article.
(2) The police department shall provide an educational brochure for the prevention of false alarms and it shall be available with the alarm permits. They shall be distributed together.
(Ch. No. 6619, Sec. 8, 6-7-99)
(1) Applications for alarm user permits shall be made on forms provided by the Woonsocket Police Department for emergency notification. Each permit shall include the name, address and telephone number of the location to be serviced by the alarm, as well as the address and telephone number of the alarm user’s residence, if different. If the alarm is serviced or monitored by an alarm company, the permit shall also include the name, address and telephone
number of the company.
(2) Emergency notification. Each permit shall include an emergency telephone number of the alarm user and / or their representative who is authorized to act on the alarm users behalf, as well as two alternate contact persons. This will permit prompt notification of alarm calls and facilities assisting the Police in the inspection of the property. The person(s) listed shall be able to be reached at all times at the telephone number given.
(3) Changes in the emergency notification information as well as alarm service information shall be kept current, and failure to provide updated information in writing to the Woonsocket Police Division may constitute grounds for revocation of the permit.
(4) There shall be no fee assessed for the permitting process.
(5) Applications for alarm permits shall be required for all non-residential alarm users. The permit for non-residential users shall be completed prior to September 30, 1999.
(6) Applications for alarm permits shall be made available and may be turned in to the City of Woonsocket Building division who shall then forward the application permit to the Police Division.
(7) All information obtained by the City of Woonsocket pursuant to this article, including emergency contact information, shall be confidential, a matter of public safety, and shall not be subject to disclosure to any third party, unless specifically authorized by the applicant, the Chief of Police with good cause, or by order of a court of competent jurisdiction.
(Ch. No. 6619, Sec. 2, 6-7-99)
All alarm systems that are triggered or activated to sound an alarm as a result of power outage or failures shall have a back up power supply or automatic shut-off device to prevent the sounding of said alarm in the event of such power outage or failure.
(Ch. No. 6619, Sec. 3, 6-7-99)
Fire Alarm System- any assembly of equipment, mechanical, electrical or otherwise arranged or designed to signal the detection of a smoke or fire condition requiring urgent attention and to which the Fire Department is expected to respond.
False alarm- means an activation of a fire alarm system that initiates an emergency response by the Woonsocket Fire Department in the absence of any emergency. This activation may be the result of mechanical failure, malfunction, improper installation or the failure to test and maintain system integrity per Rhode Island Fire Safety Code and the City of Woonsocket. Any activation as a result of a violent act of nature, power outage, or other extraordinary circumstances not reasonably subject to control by the alarm user or his or her agents will not be considered a violation.
Alarm user- any person, partnership, association, company, corporation or organization of any kind in control of any building, structure or facility or portion thereof wherein an alarm system is maintained.
Alarm business- any business of any individual, partnership, corporation or other entity engaged in the sale, lease, maintenance, service, repairing, alter, replacement, moving or installation of any alarm system or in causing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility.
Calendar year- the period commencing January I and concluding December 31.
After the Fire Chief or his designee has recorded the first false alarm for any alarm user, whether residential or non-residential, said alarm user shall be required to complete and or update emergency contact information ifthey have not already done so.
After the Fire Chief or his designee has recorded three (3) separate false alarms from one fire alarm system within anyone (I) calendar year, then the alarm user will be notified by the Fire Chief or his designee, via certified mail, ofsuch facts including the date and time of each alleged false alarm and require the alarm user to submit within ten (10) working days of receipt of such notice, a report describing the alarm user's efforts to discover and eliminate the cause or causes ofthe false alarms. After three (3) false alarms in a calendar year the alarm system shall be inspected and certified by a licensed alarm business.
In the event that the Fire Chief determines that a report submitted in accordance with the preceding paragraph is unsatisfactory or that the alarm user has failed to show by the report that reasonable steps have been taken to eliminate or reduce false alarms, then the All information obtained by the City of Woonsocket pursuant to this article, including emergency contact information, shall be confidential, a matter of public safety, and shall not be subject to disclosure to any third party, unless specifically authorized by the applicant, the Fire Chief with good cause, or by order of a court of competent jurisdiction.
(Ch. No. 7580, Sec. 1, 1-4-11)