Rhode Island Code of Regulations › Title 450 - Fire Safety Code Board of Appeal and Review › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Fire Safety Code Sections 1 Through 6 › Section 450-RICR-00-00-1.7 - Administrative Powers of the Fire Safety Code Board of Appeal and Review

Current through June 14, 2024
1.7.1
Administrative Appeals
A. Any building or property owner may consult with the authority having enforcement jurisdiction for advice and assistance in complying with the provisions of the State Fire Safety Code. The authority having enforcement jurisdiction may grant an "AHJ modification" covering dimensional relief within the egress system of an existing building as outlined in §
											1.6     of this Part. An AHJ modification becomes effective once it is submitted to, and recorded by, the State Fire Marshal. In all other cases of practical difficulty, the authority having enforcement jurisdiction shall refer all requests for variations, waivers, modifications and amendments from particular provisions of the State Fire Safety Code to the Board of Appeal and Review.
B. All requests for proposed fire safety equivalencies and alternatives to strict compliance with the State Fire Safety Code shall likewise be referred to the Board of Appeal and Review.
C. Any person aggrieved by an initial interpretation of any provision of the State Fire Safety Code, by the authority having enforcement jurisdiction of that Code provision, may petition the Board of Appeal and Review for review of the initial interpretation. Review of the initial interpretation may be formal or informal at the sole discretion of the Board. In cases of widespread interest, the Board may choose to publish its interpretation.
D. The Board of Appeal and Review shall provide for reasonable interpretation of the provisions of the Fire Safety Code, and rule on appeals from decisions of the authority having enforcement jurisdiction as outlined above.
E. All appeals shall be commenced by the filing of an appeal application form available at the offices of the Board of Appeal and Review and the State Fire Marshal.
F. The authority having enforcement jurisdiction shall assist the applicant by providing all Code cites and documentation necessary to complete the application form.
G. When applicable, the authority having enforcement jurisdiction shall verify the approximate total square footage of a subject facility on the application form.
H. To be considered a completed application, the application form shall be completely filled out and signed by the owner or an authorized representative.
The application shall further be accompanied by the required filing fee and any written inspection report, plan review report, interpretation or other related documentation unless this requirement is waived by the Board. Upon the acceptance of a completed application, the Board shall notify the AHJ prior to scheduling a hearing on the matter.
I. Filing fees for applications involving specific existing or proposed buildings shall be set in accordance with the schedule outlined in R.I. Gen. Laws §§
											23-28.3-5(b)(1) through (2). Filing fees for all other appeals shall be set in accordance with the provisions of R.I. Gen. Laws §
											23-28.3-5(b)(3).
J. The requirement of a written inspection report, plan review report or other related documentation may be waived by the Executive Director and/or the Chairperson, upon consultation with the State Fire Marshal and/or local Fire Marshal, when, in the opinion of the Executive Director and the Chairperson, compliance with this requirement would impose a hardship on the applicant and/or the authority having enforcement jurisdiction.
K. Any person, other than an attorney at law, who signs an application form or appears before the Board at an appeal hearing as an authorized representative, shall provide the Board of Appeal and Review with a letter of authorization signed by the owner of the subject facility unless this requirement is waived by the Board.
L. Any of the above application procedures may be modified, by formal vote of the Fire Safety Code Board of Appeal and Review where such modification would allow for the streamlining or upgrading of the application process. This would include, but not be limited to, allowing for the electronic filing of applications and/or the payment of fees, participating in departmental or multi-agency expedited construction programs, and/or participating in programs established for the purpose of coordinating "one stop shopping" multi-agency services for the public.