(Charter references--Fire department as a division under department of public safety, Ch. X, Art. 4, Sec. 2; fire chief to be appointed by and responsible to director of public safety, Ch. X, Art. 4, Sec. 2. Cross references--Clothing and equipment allowance of fire division, Ch. 2, Art. III; buildings and building regulations, Ch. 7; health and sanitation, Ch. 11; housing, Ch. 12; streets and sidewalks, Ch. 16; traffic, Ch. 17. State law references--Fire safety code, G.L. 1956, Sec. 23-28.1-1 et seq.; division of fire safety, G.L. 1956, Sec. 23-28.2-1 et seq.; building fire safety code, G.L. 1956, Sec. 23-28.3-1 et seq.; storage and handling of liquefied petroleum gases, G.L. 1956, Sec. 23-28.20-1 et seq.; fuel oil installations, G.L. 1956, Sec. 23-28.21-1 et seq.; bulk plants and service stations, G.L. 1956, Sec. 23-28.22-1 et seq.; explosives, G.L. 1956, Sec. 23-28.28-1 et seq.; powers of fire companies, G.L. 1956, Sec. 23-37-1 et seq.; payments to fire companies, G.L. 1956, Sec. 45-18-1 et seq.; relief of injured and deceased firemen, G.L. 1956, Sec. 45-19-1 et seq.; appeals from fire departments, G.L. 1956, Sec. 45-20-1 et seq.)
Art. I. In General, Secs. 8-1--8-15
Art. II. Fire Department, Secs. 8-16--8-28
Art. III. Fire Prevention Code, Secs. 8-29--8-39
Within the fire department of the city there shall be a bureau of fire prevention. (Ch. No. 2067, Sec. 3, 5-16-66)
Cross reference--Administration, Ch. 2.
The chief of the fire department or any officer within the fire department so designated by the chief shall be in charge of the bureau of fire prevention. (Ch. No. 2067, Sec. 3, 5-16-66)
The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. (Ch. No. 2067, Sec. 3, 5-16-66)
It shall be unlawful for any person, except in case of fire, to open a hydrant or lift or remove the cover of a hydrant. (Rev. Ords. 1928, Ch. 40, Sec. 52)
It shall be the duty of the chief of the fire department, or any officer of the bureau of fire prevention so designated by him, acting through the bureau of fire prevention to enforce the provisions of the General Laws of Rhode Island 1956, and the provisions of this chapter, and where necessary to recommend prosecution for such violations to the proper authorities. (Ch. No. 2067, Sec. 3, 5-16-66)
For the purposes of this article, the word "department" shall mean the fire department of the City of Woonsocket, Rhode Island.
The chief of the fire department shall have the general supervision and command of the entire fire department. He shall at all times see that the fire department property is kept in good order and condition and ready for instant use. He shall see that his assistants and all the firemen perform their duties promptly and efficiently. He shall report promptly to every fire that may occur within the city, and all orders given by him to any member of the fire department shall be promptly obeyed. He may call on and command from the inhabitants of the city all needful assistance in the suppression of fires and in the preservation of property exposed to fire. He shall see that all rules for the government of the department are enforced and he shall summarily decide all disputes or questions arising out of the matters connected with the department when the parties thereto shall be on duty at a fire. He may at any time report to the director of public safety any act of disobedience, disrespect, or impropriety or neglect of duty on the part of any employee of the fire department. (Rev. Ords. 1928, Ch. 25, Sec. 2)
(a) The temporary time served by certain members of the fire department, during wartime, shall be and hereby is credited to their total time served as permanent members of the fire department and shall constitute time served in computing pension credits and length of service for such members.
(b) The personnel director shall be and hereby is directed to compute the length of service for those certain members of the fire department who served on a temporary basis during the wartime, in accordance with the provisions of subsection
(a). (Ch. No. 1986, Secs. 1, 2, 6-7-65)
Cross reference--Personnel ordinance, App. A.
(Editor's note--The fire safety code of the state, in pamphlet form, is on file in the office of the city clerk.)
There is hereby adopted by the city, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code, except such portions as are hereinafter deleted, modified or amended, and which is designated as follows:
Fire Prevention Code, 1970 Edition, recommended by the American Insurance Association of which not less that three (3) copies have been and now are filed in the office of the city clerk, and the same is hereby adopted and incorporated as fully as if set out at length in this chapter, and the provisions thereof, together with the amendments hereinafter made, shall be controlling as the fire prevention code of the city. (Ch. No. 2067, Sec. 2, 5-16-66)
(a) Wherever the word "municipality" is used in the fire prevention code adopted by this article, it shall be held to mean the City of Woonsocket.
(b) Wherever the term "corporation counsel" is used in the fire prevention code adopted by this article, it shall be held to mean the city solicitor.
(c) Where the phrase "chief of the bureau of fire prevention" appears in the fire prevention code adopted by this article, such phrase throughout to read: "The chief of the fire department." (Ch. No. 2067, Sec. 4, 5-16-66)
(a) The limits referred to in section 16.22a of the fire prevention code adopted by this article, in which storage of flammable liquids in outside aboveground tanks is prohibited, are as established in the building code.
(b) The limits referred to in section 16.61 of the fire prevention code adopted by this article, in which new bulk plants for flammable liquids are prohibited, are hereby established as follows: These limits include all areas zoned for residential and business in the ordinance zoning the city. (Ch. No. 2067, Sec. 5, 5-16-66)
The limits referred to in section 21.6a of the fire prevention code adopted by this article, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: These limits include all areas zoned commercial and areas zoned residential. (Ch. No. 2067, Sec. 6, 5-16-66)
The limits referred to in section 12.5b of the fire prevention code adopted by this article, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: These limits include the entire area of the city. (Ch. No. 2067, Sec. 7, 5-16-66)
The owner of any structure or property in which access is made difficult due to physical barriers, or in commercial structures in which a fire alarm system is installed, or any other property deemed necessary by the Woonsocket Fire Department, shall provide the City of Woonsocket with the proper approved key box system.
The Woonsocket Fire Department shall have the authority to require a key access box(es), to be installed in an accessible location, where access to a building is restricted by security. Such key access box shall contain all keys and other articles determined to be necessary by the Woonsocket Fire Department. Keys required, but not limited to, are a key for all locked points of entry, mechanical rooms, electrical rooms, elevator controls, and any other doors concealing a fire alarm device. Such key access box shall be compatible with the standards set forth by the Fire Department. The cost of purchase and installation of the required key access box shall be borne by the property owner. Applications can be obtained from the Woonsocket Fire Department.
The owner, or the occupant where applicable, of the property shall provide the fire department with all the necessary keys for the property as provided in this section.
The location of the key box system shall be so located at or near the primary fire department access to the structure or property as approved by the fire department.
All new construction, which is applicable under this section, shall install the key box system prior to the issuance of a certificate of occupancy.
Any structure or property which is converted, altered or otherwise changed so as to become applicable under this section shall comply with this section at the time of conversion, alteration or changes.
Upon notification from the fire department, property owners/occupants shall have a period of three (3) months from date of said notification to comply with the provisions of this section.
Violations of this section shall be punishable by a fine of at least fifty dollars ($50.00) for each week or portion thereof that violation exists. (Ch. No. 5066, Sec. 1, 1-3-89; Ch. No. 5244, Sec. 1, 3-19-90; Ord. No. 41, Sec. 1, 2009)
The fire prevention code adopted by this article, is amended and changed as follows:
(1) Article 1, section 1.12, "Definitions," is amended by adding, in alphabetical order thereof, the following:
(a) "Boarding Home means a building used in whole or in part as a place for the boarding, lodging or care for five or more persons, at one and the same time, excluding a family group of a dwelling or home."
(b) "Convalescent Home means a place requiring a license by the director of the department of social welfare pursuant with Section 40-15-3, General Laws of Rhode Island, 1956, as amended."
(c) "Hotel means a building or structure, kept, used, maintained, advertised or held out to the public to rent, lease, or hire whether with or without meals, in which sleeping accommodations for twenty (20) or more persons are used and maintained for the accommodation of guests, but not a building or structure with habitational occupancy furnishing living quarters for families living independently of each other with independent facilities for cooking within such quarters or otherwise commonly known as apartment houses, as defined in Section 23-29-18, General Laws of Rhode Island, 1956, as amended."
(d) "Hospital means a place requiring a license by the department of health, pursuant with Section 23-16-2, General Laws of Rhode Island, 1956, as amended."
(e) "Rooming House means a building used in whole or in part as a place where sleeping accommodations are furnished for hire or other consideration, with or without board, for not more than 20 guests or employees or in which 10 or less sleeping rooms are maintained for such guests or employees."
(f) "Combustible means that which is not within the category of 'noncombustible'."
(g) "Noncombustible means that which will not readily ignite and burn when subject to fire. The term 'noncombustible material' when used in relation to interior finishes on walls or partitions of fixed or movable type or on exposed interior wall surfaces and any surface material such as paint or other wall coverings shall mean material which in the form it is used will not ignite or burn when subjected to fire.
"The term 'noncombustible' when used in relation to buildings in general and components of buildings shall mean that type of structure which is constructed completely of masonry, reinforced concrete, metal or other materials having fire resistance rating of not less than two hours. A building shall be termed 'noncombustible' whether or not wood flooring has been laid over solid or slab masonry, and whether or not door and window assemblies are of wood."
(2) Article 1, section 1.12, "Definitions," is amended by changing the definition of "dwelling" to the following:
(a) "Dwelling means a building occupied exclusively for residence purposes and having not more than two dwelling units."
(3) Article 11 is amended by adding thereto the following:
(a) "Section 11.6, Auxiliary Emergency Illumination. A secondary source of illumination shall be provided in convalescent or nursing homes, places of assembly, and arranged to assure continued adequate illumination in cases of emergency caused by failure of the principal lighting system. Such a secondary source of illumination shall be termed herein as 'Auxiliary Emergency Illumination.'
"The use of electricity supplied by a 110 volt generator or a storage battery system for secondary means of illumination is permitted and shall be connected to the emergency lighting panels through an automatic throw-over switch which will operate immediately in the event of failure in the general lighting system.
"The generator or storage battery system shall have sufficient capacity to supply lighting circuits for not less than 1 1/2 hours.
"The automatic throw-over switch shall be connected so that when the principal lighting supply is restored, it will throw back to normal operating position. Batteries and generators shall be inspected at intervals of not less than once a week. The automatic throw-over switch shall be tested each day."
(4) Article 14, section 14.2, "Survey of Premises and Specification of Equipment," is amended by adding thereto the words "business occupancy" after the word "each" in the first line thereof.
(5) Article 14, section 14.6, is added as follows:
(a) "Section 14.6. Sprinkler Systems.
Sprinkler Systems shall be required as follows:
| Occupancy Classification | Noncombustible New Construction | Height in Stories Combustible Existing |
| Boarding home | No Limit | 2 |
| Educational | No Limit | 2 |
| Hospitals | No Limit | 0 |
| Convalescent homes | No Limit | 1 |
| Hotels and motels | No Limit | 3” |
(6) Article 14, section 14.7, is added as follows:
(a) "Section 14.7. Alarm Systems.
Buildings used for educational purposes, hospitals, convalescent homes, hotels and motels and rooming houses shall be provided with Alarm Systems pursuant with provisions of Sections 23-29-16 and 23-29-17, General Laws of Rhode Island, 1956, as amended."
(7) Article 16, section 16.13 is amended by deleting the numeral 25 and adding in place thereof the numeral 5.
(7.5) Article 16, section 1676, is amended by adding the following new subsection f.
"f. Self-service stations.
(1) The dispensing of flammable liquid by the customer shall be allowed only in accordance with the rules in this section.
(2) Attendant required: All self-service stations shall have at least one qualified attendant on duty while the station is open. During all times that liquids are actually being dispensed, the attendant's sole function shall be to supervise, observe and control the dispensing of said liquids. It shall be the responsibility of the attendant to prevent the dispensing of liquids into portable containers unless the container is an approved safety can, properly labeled, or an approved closed container, properly labeled. It shall also be the responsibility of the attendant to control sources of ignition, and to immediately handle accidental spills and fire extinguishers, if needed. The attendant on duty shall be capable of performing the functions and assuming the responsibility covered in this section.
(3) Attendant's control console and supervision: The console shall be located not less than five (5) feet, nor more than one hundred (100) feet from the nozzle end with the hose stretched toward the console from the dispenser. At self-service stations, the attendant shall be required to remain within arm's length distance of the remote controlled console at all times while liquids are being dispensed.
(4) Emergency controls: (a) A main power shutoff switch or switches shall be installed at a location not more than fifteen (15) feet from the attendant's principal control location and not less than fifteen (15) feet from the dispensers, nor more than one hundred (100) feet from the dispensers. (b) A fixed fire extinguisher system suitable for the extinguishment of Class B (flammable liquid) fires, acceptable to the authority having jurisdiction, and covering the entire flammable liquid dispensing area, shall be installed at each self-service station with activating control at the console and a minimum of one remote activating control at each dispensing island acceptable to the authority having jurisdiction. The entire flammable liquid dispensing area is construed to mean that area encompassing the self-service island. If, however, an adjacent attended island (normally serviced by a regular attendant dispensing motor fuel) is in too close proximity to the self-service island in the opinion of the authority having jurisdiction, then a fixed fire protection system may be required there also. Said system shall be capable of being activated manually. The triggering device shall not be more than fifteen (15) feet from the attendant's principal control location and not less than fifteen (15) feet from the dispensers, nor more than one hundred (100) feet from the dispensers. Activating of the extinguishing system shall automatically cut off power to pump dispensing devices.
(5) Operation instructions: Instructions for the operation of the dispensers shall be conspicuously posted on either the dispenser or the dispenser island.
(6) Emergency procedures: A list of emergency procedures and instructions shall be conspicuously posted at the immediate vicinity of the attendant's principal control location.
(7) Clear observation: The dispensing operation shall at all times be in clear view of the attendant, and the placing or allowing of any obstacle to come between the dispensing operation and the attendant, so as to obstruct the attendant's view, is prohibited.
(8) Delivery nozzles: Hose nozzle valves used at self-service islands shall be approved automatic closing type without a latch-open device.
(9) Voice communication control: A voice communication system, such as, but not limited to, an intercom system, so as to allow direct voice communication at all times between the person dispensing the fuel and the attendant, shall be required.
(10) Warning sign: On each and every dispenser island shall be conspicuously posted, the following words of warning: No Smoking. Shut off motor while motor fuel is being dispensed.
(8) Article 24, section 24.8, is amended and changed as follows:
(a) Subsection j is amended by deleting the last two (2) words of such paragraph, i.e., "glass bottles," and substituting the words "metal tanks."
(b) Subsection k is amended to read as follows:
k. "Supply or storage tanks for range oil burners located above the lowest story, cellar or basement shall not exceed 6 gallons capacity and the total capacity of tanks so located shall not exceed 6 gallons."
(9) Article 28, section 28.1. Subsections a, b, c, and d are amended by deleting the same in their entirety and in lieu thereof substituting the following:
(a) "Section 28.1. Open Fires, Bonfires and Outdoor Rubbish Fires.
No open fire of any type shall be permitted at anytime in the City of Woonsocket. This includes domestic yard trash fires and leaf burning. Open fire is defined as any fire within which the products of combustion are emitted into the open air and are not directed through a stack or chimney. Barbecue pits shall be used only for the cooking of food and not as an incinerator. Charcoals, or similar type cooking fuel, shall be the only fuel permitted in barbecue pits."
Exception:
Burning in containers that have screens and/or chimneys that serve as spark arrestors, with a diameter of no less than thirty-six (36”) inches. Only clean, dry, cord-type firewood or charcoal is an accepted fuel (no yard waste or construction debris). The fire must by attended at all times by a person who has an available water supply or extinguisher and who is capable of controlling and/or extinguishing the fire, if necessary.
Any Fire Officer may extinguish a fire if, in his opinion:
(1) It is not in the proper container or if the container is being used inappropriately.
(2) It is too close to combustibles (closer than fifteen (15’) feet.
(3) Improper material is being burnt.
Penalty for violation. Any person found in violation of this ordinance shall, upon conviction, be punished by a fine of one hundred dollars ($100.00) for the first offense. The penalty for the second offense within one calendar year shall be two hundred dollars ($200.00), and the penalty for a third and/or each subsequent offense within one calendar year shall be a fine up to five hundred dollars ($500.00) for each subsequent offense.
The police have powers to issue citations for violations of this ordinance.
The Chief of the Fire Department or the on-duty Deputy Fire Chief can order any fire to be extinguished at his discretion.
This ordinance shall be effective from 9 A.M. to 11 P.M.
(Ch. No. 7416, Secs. 1 & 2, 9-02-08)
(10) Article 28, section 28.16, Fire lanes on private property, devoted to public use. Subsections a and b are hereby deleted and the following added in lieu thereof.
(a) The marking of fire lanes on private property devoted to public use shall be designated by the police and fire chiefs or their designated representatives. Fire lanes shall mean any area appurtenant to entrances or exists of a building which the police and fire chief or his designated representative have established should remain free and clear of parked vehicles for access to such buildings in case of fire or other emergency which said area may include sidewalks, driveways, portions of parking lots, and other areas adjacent to or near said building entrances or exits, or any fire hydrant.
(b) The designation by the police and fire chiefs or their designated representatives of such fire lanes shall never be held to make the city responsible for maintenance of such fire lanes but the owner of such property shall continue to be responsible for the maintenance of such area.
(c) Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times.
(d) Upon the designation of a fire lane pursuant to this article, the traffic bureau shall give notice of such designation to the owner of such area directing the owner to cause signs to be posted at the expense of the owner at designated locations lettered "Fire Lane--No Parking Anytime." Such signs shall be of a standard size and color of standard lettering and mounting conforming to specifications established by the traffic bureau.
(e) The official record of the designation and location of fire lanes shall be kept in the office of the fire chief.
(f) It shall be the duty of the police department of this city to enforce the provisions of this article. (Ch. No. 3138, Sec. 1, 6-16-75)
(Ch. No. 2067, Sec. 8, 5-16-66; Ch. No. 2855, Sec. 1, 1-15-73)
Editor's note--Sec. 8-34 is basically derived from the ordinances indicated in the history note following the section. Ordinances enacted subsequent to Jan. 15, 1973 which amended said section are indicated in the history note following the particular subsection affected.
There shall be a floor diagram located in all class A, B and C places of assembly of less concentrated use and concentrated use, reflecting the actual floor arrangement, and exit locations. Room identification shall be posted in a location and manner acceptable to the authority having jurisdiction, which is the appropriate official of the Woonsocket Fire Department. Floor Diagrams shall be oriented and reflect the actual direction to the exits.
A violation of the ordinance will be a warning for a first offense and a ($100.00) one hundred dollar fine for the second offense. This ordinance will be enforced by the appropriate official of the Woonsocket Fire Department. (Ch. No. 7036, Secs. 1,2, 4-7-03)
(a) Plan reviews submitted to the Woonsocket Fire Marshal's Office shall include a copy of the application for a building permit and four C4) sets of complete plans. Payment of fees shall be at the time of submission. The plans submitted shall include all fire protection and life safety requirements. All drawings to be submitted for review shall be correct and in compliance with the applicable codes and standards. Commercial use groups and sprinkler systems shall be stamped by a certified/registered profession.
(i) No plan review fee shall be assessed against any city-owned property, city agency, or any department, board, or commission thereof.
(ii) Written requests for exemption from plan review fees shall be submitted in writing to the Public Safety Director and Fire Chief for review and approval prior to submittal of plans for review. Exemption approval from the Public Safety Director and Fire Chief shall be in written form and filed with the application for review at the time of submittal.
(b) To offset the cost of plan reviews by the Woonsocket Fire Department, the following fees will be assessed upon filing for a building permit at the building inspection office. The plan review will include all fire protection and life safety requirements. All drawings to be submitted for review shall be correct and in compliance with the applicable codes and standards.
(c) The fees for fire prevention plan reviews are as follows:
(i) For all residential dwellings containing three (3) units of less:
| Number of units | Fee |
| Single dwelling unit | $75.00 |
| Two dwelling unit | 125.00 |
| Three dwelling unit | 175.00 |
The re-inspection fee for residential dwellings containing three (3) units or less shall be thirty ($30.00) dollars.
(ii) For all commercial buildings and residential dwellings containing four (4) or more units:
| Values of construction costs, including electrical, plumbing, and mechanical costs. | Fee |
| $0.00 to 15,000.00 | $150.00 |
| 15,001.00 to 20,000.00 | 200.00 |
| 20,001.00 to 25,000.00 | 250.00 |
| 25,001.00 to 50,000.00 | 300.00 |
| 50,001.00 to 100,000.00 | 350.00 |
| 100,000.00 to 500,000.00 | 400.00 |
| 500,001.00 to 1,000,000.00 | 500.00 |
| 1,000,000.00 and over | 500.00 plus $10.00 for every additional $2,500.00 in valuation |
The re-inspection fee for commercial buildings and for residential dwellings containing four (4) or more units shall be thirty ($30.00) dollars.
(d) The fee for smoke alarm certificate inspections for existing buildings containing one, two, or three residential dwelling units shall be thirty ($30.00) dollars per inspection and shall be adjusted in accordance with any amendments to RIGL §23.28.1-1, et seq., or any other State law affecting the fee for smoke alarm certificate inspections.
(e) The fee for fire alarm certificate inspections for all commercial properties, condominiums, or residential dwellings containing four (4) or more units shall be thirty ($30.00) dollars per request.
(Ch. No. 7352, Sec. 1, 10-4-07; Ch. No. 77527, Sec. 1, 4-21-2010)
(1) Purpose
The declared purpose of this Article is (i) to provide for the establishment of a program to monitor and permit establishments where hazardous materials are produced, stored, handled, disposed of , treated, emitted, discharged, or recycled; (ii) to provide that said program be administered by the Woonsocket Fire Department; and (iii) to provide that the Fire Department be assigned the responsibility to be the Emergency Response Agency and to direct and coordinate emergency response in the event of releases of hazardous materials.
(2) State Law Adopted by Reference
The City Council of the City of Woonsocket hereby adopts by reference the requirements of the State Hazardous Substance Law. Chapter 28-21 of the Labor and Labor Relations, the minimum standards for the management of hazardous waste as specified in Title 40 of the Code of Federal Regulations, Department of Transportation Title 49 of the Code of Federal Regulations and the requirements for the hazardous materials release response plans and inventory law, Title 68 of the Code of Federal Regulations.
(3) Definitions
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"CAS Number" means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.
"City Council" means the City Council of the City of Woonsocket.
"Contingency Plan" means a business plan or area plan setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or unplanned release of hazardous material so as to minimize exposure and hazards to human health and the environment.
"Emergency Response Agency" means the Fire Department of the City of Woonsocket.
"Extremely Hazardous Waste" means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by hazardous waste because of its quantity, concentration or chemical characteristics.
"Fire Chief" means the Fire Chief of the Woonsocket Fire Department, or his duly authorized representative.
"Handle" means to use, generate, process, produce, package, treat, store, emit, discharge, retail incinerate, recycle or dispose of a hazardous material in any fashion.
"Hazardous Material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, "Hazardous Materials" include, but are not limited to. Explosives, radioactive materials, etiologic agents, medical waste, flammable solids, solid poisons, oxidizing or corrosive materials, Cryogenic materials, compressed gases. Any substances or material, which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III‑A combustible liquid. Any material which an agent of the local agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
"Hazardous Materials Establishment" means any room, building or place, or portion thereof, maintained, used or operated where hazardous materials are produced, stored, handled, disposed of, emitted, treated or recycled.
"Hazardous Waste" means a waste or combination of wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may either:
(a) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or
(b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
"Underground storage tank" means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground.
"Aboveground storage tank" means any one or combination of tanks, including pipes connected thereto, which is used for storage of hazardous substances and which is substantially or totally above the surface of the ground.
The term "Hazardous Waste" shall be understood to also include "Extremely Hazardous Waste", unless expressly provided and mislabeled or inadequately labeled hazardous materials; and hazardous materials packaged in deteriorated containers.
"Local Agency" means the Woonsocket Fire Department of the City of Woonsocket.
"MSDS" means a "Material Safety Data Sheet".
4) Enforcement Responsibility.
(a) It shall be the duty of the Fire Chief, or his duly authorized representative to enforce the provisions of the Hazardous Materials Monitoring Program pertaining to hazardous wastes and hazardous materials and the minimum standards and any additional requirements specified in this Article.
(b) It shall be the duty of the Fire Chief, or his duly authorized representative, to review and approve contingency plans to be implemented in the event of an unauthorized release.
(c) The local agency is hereby designated to be responsible for the administration and enforcement of the provisions of this Article.
(d) The local agency shall review and approve contingency plans required by and shall establish a citywide contingency plan to be implemented in the event of an unauthorized release of hazardous materials that may extend beyond the premises where the release occurred.
5) Inspection of Hazardous Materials Establishments.
It shall be the duty of the local agency to make periodic inspections of all hazardous materials establishments in the City of Woonsocket. The local agency shall closely coordinate its inspection activities with other city departments and public agencies. Such inspections by other city departments and public agencies shall be coordinated so as to reduce duplication of effort and assure consistency of enforcement.
6) Permit Requirement.
(a) It shall be unlawful for a person to establish, operate, or maintain a hazardous materials establishment without first obtaining a hazardous materials permit from the local agency.
(b) Owners and operators of permitted hazardous materials establishments shall report in writing any change of ownership, business name or address information within thirty (30 days of the occurrence of the change, and request an amendment to their permit or a new permit.
(c) No permit issued pursuant to this Article shall be transferable.
7) Permit Application.
(a) Every applicant for a permit, required by this Article, shall file a written application, before commencing operation, on a form provided by the local agency and shall be accompanied by the appropriate fee. Those hazardous materials establishments in operation prior to the effective date of this ordinance shall file an application within thirty (30) days of notification by the City of Woonsocket.
(b) An application shall include, but not be limited to, the following information:
(1) The name and address of the property owner and the owner‑operator of the establishment; (2) The address and location of the establishment activity;
(3) The name(s) and 24 hour phone number(s) of contact person(s) qualified and authorized to act as emergency coordinators;
(4) A listing of the chemical name, any common name and the CAS number for each hazardous material handled;
(5) A MSDS for each hazardous material handled;
(6) The approximate annual quantity of each hazardous material handled;
(7) The maximum quantity of each hazardous material on the premises at any one time;
(8) A description of the hazardous material activity being conducted;
(9) A statement that appropriate permits to operate and discharge have been obtained from Federal, State, Regional and local agencies and a list of such agencies, permit number, permit type and expiration dates.
(c) A permittee shall notify the local agency, in writing, of any changes in items b (1) through b (9) above within thirty (30) days, and the local agency shall amend the permit accordingly.
8) Permit Fee.
(a) A fee shall be paid to the local agency by each person who submits an application for a permit to operate a hazardous materials establishment or to renew, amend or terminate a permit required by this Article. The fee for a permit for Hazardous Use Permits shall be thirty dollars ($30.00). The fee for permit for Extremely Hazardous Materials Permits shall be one hundred dollars ($100.00). The City Council may provide for the waiver fees when a public agency makes an application for a permit or renews a permit.
(b) There shall be added to and collected with the permit or other fees a penalty equal to ten percent (10%) of the fee for all fees that are delinquent for thirty (30) days. For each additional month or fraction thereof in, which a delinquency continues, an additional ten percent (10%) penalty shall be collected. In no event shall the total penalty exceed sixty percent (60 %) of the permit fee.
(c) No refund or rebate of a permit fee shall be allowed by reason of the fact that the permit is denied or the permittee discontinue operation of the facility prior to expiration of the term or that the permit is suspended or revoked prior to the expiration of the term.
9) Permit Renewal.
The initial hazardous materials establishment permit shall be renewed annually upon payment of the renewal fee. An application shall be submitted for each seceding renewal period and shall include all pertinent changes made since the previous application. Permits shall become effective on July 1st and expire on the following June 30th of each year. Permits that are not renewed by August 1st become delinquent and are subject to the penalties indicated in permit fees.
10) Notice of Approval of Disapproval.
The local agency shall determined, after conducting an inspection of the hazardous materials establishment, whether the initial application filed by the applicant is accurate and complete and shall issue a written notice of approval or disapproval of the issuance of a permit to the establishment operator within 60 days of the evaluation inspection. The permittee may appeal the determination to the City Council. Failure to file a written appeal with the City Clerk within thirty (30) days of said determination shall be deemed a waiver of the right to appeal.
11) Permit Revocation or Suspension.
The hazardous materials establishment permit shall be subject to revocation or suspension by the local agency upon the determination by the local agency of a violation by the holder of such permit, his employee, or agent, or any other person acting with his consent or under his authority of any provision of this Article or any referenced law of the State of Rhode Island. The permittee may appeal the ruling to the City Council. Failure to file a written appeal with the City Clerk within thirty (30) days of said ruling shall be deemed a waiver of the right to appeal.
12) Responsibility for Proper Storage, Handling, Treatment and Disposal of Hazardous Material.
It shall be the responsibility of the establishment operator to operate and maintain the hazardous materials establishment in a manner whereby all hazardous material is stored, handled, treated or disposed of in a lawful and safe manner. An establishment operator shall operate and maintain all areas used for storage, treatment or handling of hazardous material in a manner, which minimizes possibility of a fire, explosion or unplanned release, whether sudden or slow, into the air, soil or water.
13) Requirement for Contingency Plan.
The owner or operator of each hazardous materials establishment permitted by this Article shall prepare and maintain a contingency plan which shall be filed with the local agency. The provisions of said plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous materials.
14) Contents of Contingency Plans.
Contingency plans shall include, but not be limited to, the following information:
(a) General description of the establishment;
(b) A listing of the chemical name or common name of all hazardous materials generated or handled.
(c) A listing of a chemical and physical analysis for each hazardous material, including the known proper method(s) of handling treatment, storage, and disposal of the materials;
(d) A list of name(s), address(es) and day and night phone numbers of all persons qualified to act as emergency coordinators;
(e) A list of emergency response agencies with phone numbers to be contacted in the event of a fire, explosion or unplanned release of hazardous materials;
(f) A description of procedures, equipment and materials to be used to contain and clean‑up spills of hazardous materials;
(g) A list, description and location of emergency equipment available at the facility that will prevent to mitigate the exposure of humans and the environment to hazardous materials;
(h) An evacuation plan for all buildings and premises;
(i) An identification of all access driveways which will be maintained and be continually available for emergency response vehicles.
15) Responsibilities of Emergency Coordinator(s).
Emergency coordinators shall have the following responsibilities in the event of a fire, explosion or any unplanned release of hazardous material:
(a) Assist the emergency response agency authorized officer by providing information and assisting in expediting appropriate evacuation plans.
16) Notification of the Emergency Response Agency.
The emergency response agency shall be immediately notified of any release of hazardous materials.
17) Hazardous Materials Spills or Release.
The emergency response agency shall have scene management authority of hazardous materials spills or release on streets, roads, public and private property within the city limits of the City of Woonsocket. Other city departments shall assist by providing their normal support roles of perimeter control establishing access routes for emergency equipment, assisting in evacuations of non‑contaminated areas, providing equipment and personnel for containment and clean‑up as directed by the authorized officer. The emergency response agency shall consult with scene manager, take samples, and make tests and otherwise assist in evacuations.
18) Personnel Training.
The establishment operator shall be responsible for the training of all personnel that work with hazardous materials at the establishment. The training shall include classroom or on‑the‑job instruction, which teaches facility personnel hazardous material management safety procedures, contingency plans and laws relevant to the positions in which they are assigned. Records shall be maintained by the establishment operator of names of personnel receiving training, dates of instruction and subject matter.
19) Requirements for the Termination of Hazardous Material Activities or Closure.
The owner or operator of a hazardous materials establishment shall notify the local agency at least thirty (30) days before the date of termination of hazardous material activities or closure and apply for a Certificate of Closure. If the owner or operator has less than thirty (30) days advance knowledge of closure, he shall notify the local agency on the next working day after receiving such information.
20) Removal Requirement.
Within ninety (90) days of closure of termination of hazardous material activities, all hazardous materials and hazardous material residues shall be properly removed from equipment, structure and premises.
21) Requirement for Certification of Closure of Hazardous Material Activities.
(a) Both the owner or operator of a hazardous materials establishment and a chemist with an appropriate degree in chemistry shall submit to the local agency a certification that the establishment has complied with removal. The certificate shall detail the method of sampling or testing, as well as clean‑up
procedures followed. The disposition of hazardous materials formerly stored at the establishment shall be stated in the report.
(b) The premises shall not be reoccupied until the Certificate of Closure is approved by the local agency.
22) Variance Applications.
(a) Any permit holder or permit applicant who handles only a limited amount of hazardous materials which is generally available as an over‑the‑counter product to the public, may apply to the local agency for a variance from certain or all portions of this Article.
(b) Any permit holder or permit applicant may apply to the local agency for a variance from specific requirements of this Article.
(c) Variances will be considered based on the submission of clear and convincing justification or evidence that the granting of a variance will not pose a significant threat to public health, public safety, or the environment. Should the variance be denied, the applicant may appeal the denial to the City Council. Failure to file a written appeal with the City Clerk within thirty (30) days of said determination shall be deemed a waiver of the right to appeal.
(d) Variances may be revoked by the local agency upon ten (10) days written notice sent to applicant by regular mail at applicant's last address contained in applicant's last filed application. Said variance may be revoked because of operational changes such as, but not limited to, a change in the justification or evidence submitted with the original variance application, or for violations of applicable laws and/or regulations.
23) Further Regulations.
The local agency may promulgate regulations to further refine or clarify the requirements of this Article. Such regulation shall be contained in a resolution and shall be effective after the approval by the City Council. Upon approval, such regulations shall have the same force and effect as other provisions of this Article.
24) Applicability of Other Laws and Regulations.
Laws and regulations of other State, Regional and local agencies may apply.
25) Unsafe Handling of Hazardous Materials, Notices, Penalties.
The local agency is authorized to issue written orders to comply with provisions of this Article in cases where in the judgment of the local agency hazardous material is being improperly handled, used, stored or disposed of. Failure to comply with written orders issued by the local agency within the time specified could result in permit suspension or revocation and/or the assessment of civil penalties, fines, and imprisonment.
26) Penalties for Violation.
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in jail for a period of not more than six (6) months, or by both such fine and imprisonment.
The chief of the fire department shall have power to modify any of the provisions of the fire prevention code adopted by this article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code which shall apply to presently existing buildings or facilities, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (Ch. No. 2067, Sec. 9, 5-16-66)
The chief of the fire department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the fire prevention code adopted by this article. The chief shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. (Ch. No. 2067, Sec. 11, 5-16-66)
(a) Whenever the chief of the fire department shall approve or disapprove an application or grant or refuse to grant a permit applied for or when it is claimed that the provisions of the fire prevention code adopted by this article do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, any person aggrieved, including any municipal officer, may appeal from the decision of the chief of the fire department, within thirty (30) days from the date of the decision, to a board of appeals which shall be composed of three (3) members and shall be appointed by the mayor with the approval of the city council and have such powers as are hereinafter set forth. Such board of appeals shall consist of three (3) members who shall serve for a term of three (3) years each, except that upon the creation of the board, the initial appointments shall be as follows: One (1) member shall be appointed to serve one (1) year; the second member shall be appointed to serve for two (2) years; and the third member shall be appointed to serve for three (3) years. Upon the expiration of the terms of the first two (2) members, the successors thereof shall be appointed for a regular three-year term.
(b) The powers of the board shall be to uphold, reverse or modify such rulings of the chief of the fire department in the interpretation of the code. (Ch. No. 2067, Sec. 10, 5-16-66)
A report of the bureau of fire prevention shall be made annually and transmitted to the mayor of the city. It shall contain all proceedings under the fire prevention code adopted by this article, with such statistics as the chief of the fire department may wish to include therein. The chief of the fire department shall also recommend any amendments to the code which, in his judgment, shall be desirable. (Ch. No. 2067, Sec. 3, 5-16-66)
Any person who shall violate any of the provisions of the code adopted by this article, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statements of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the chief of the fire department within the time fixed herein, shall, for each and every such violation and noncompliance respectively, be punishable by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than thirty (30) days for each such offense, in accordance with section 45-6-2 of the Rhode Island General Laws. (Ch. No. 2067, Sec. 12, 5-16-66; Ch. 3514, Sec. 1, 6-19-78)