reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.25 - Witnesses

Current through June 14, 2024
A. Oral Examination - witnesses shall be
							examined orally unless the testimony is taken by deposition as provided in
							§
										1.27     of this Part or the
							facts are stipulated or the testimony is submitted in prepared written form as
							provided in §
										1.23(B)     of
							this Part. Witnesses whose testimony is to be taken shall be sworn, or shall
							affirm, before their testimony shall be deemed evidence in the proceeding or
							any questions are put to them.
B.
							Expert Witnesses - Witnesses subpoenaed by the Board shall be paid the same
							fees and mileage as are paid for like services in the courts of Rhode Island.
							Witnesses subpoenaed at the instance of a party shall be paid the same fees by
							the party at whose instance the witness is subpoenaed and the Board before
							issuing any subpoenas as provided in §
										1.26     of this Part, may
							require a deposit of an amount adequate to cover the fees and mileage
							involved.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.26 - Subpoenas

Current through June 14, 2024
A. Issuance - Subpoenas for the attendance of
							witnesses or for the production of documentary evidence, unless directed by the
							Board upon its own motion, will issue only upon motion in writing to the Board
							or the presiding officer, except that during sessions of a hearing in a
							proceeding, such motion may be made orally on the record before the Board or
							presiding officer, who is hereby given authority to determine the relevancy and
							materiality of the evidence sought and to issue such subpoenas in accordance
							with such determination. Such written motion shall be verified and shall
							specify as nearly as may be possible the general relevance, materiality, and
							scope of the testimony or documentary evidence sought, including, as to
							documentary evidence, specification as nearly as may be of the documents
							desired and the facts to be proven by them in sufficient detail to indicate the
							materiality and relevance of such documents.
B. Service and Return - Service shall be made
							by a Rhode Island sheriff, his deputy or other disinterested party designated
							by the Board or the presiding officer. If service of subpoena is made by a
							Rhode Island sheriff or his deputy, such service shall be evidenced by his
							return thereof; if made by another person, such person shall make affidavit
							thereof, describing the manner in which service is made, and shall return such
							affidavit on or with the original subpoena. In case of failure to make service,
							the reasons for the failure shall be stated on the original subpoena. In making
							service, a copy of the subpoena shall be exhibited to and left with the person
							to be services. The original subpoena, bearing or accompanied by the authorized
							return, affidavit, or statement, shall be returned forthwith to the
							Coordinator, or if so directed on the subpoena, to the presiding officer before
							whom the person named in the subpoena is required to appear.
C. Fees of Witnesses - Witnesses who are
							subpoenaed shall be paid fees as provided in §
										1.25     of this Part.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.27 - Deposition and Data Requests

Current through June 14, 2024
A. Depositions
1. For good cause shown, the testimony of any
							witness may be taken by deposition, upon application by motion of any party in
							a proceeding pending before the Board, at any time before the hearing is
							closed.
2. The motion shall state
							the name and address of the proposed deponent, the subject matter to which the
							deponent is expected to testify, the reasons why the deponent cannot appear
							before the Board to testify in person, and the date, time and place of the
							proposed deposition. objection to the motion, if any, shall be made in
							accordance with §
											1.17(C)     of
							this Part.
3. If authorized, the
							deposition shall proceed in the same manner and pursuant to the same procedures
							as govern depositions in the Superior Court of the State of Rhode
							Island.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.28 - Stipulations

Current through June 14, 2024
A. Presentation and Effect - The parties may
							stipulate as to any relevant matters of fact or the authenticity of any
							relevant documents. Such stipulations may be received in evidence at a hearing,
							and when so received in evidence at a hearing, shall be binding on the parties
							with respect to the matters therein stipulated.
B. Form, Style and Service - Stipulation
							shall conform to the applicable requirements of §§
										1.19  and
							  1.20     of this Part, except
							stipulations made orally on the record during hearings.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.29 - Rules of Evidence - Official Notice

Current through June 14, 2024
A. Rules of
							Evidence - In all proceedings wherein evidence is taken, irrelevant, immaterial
							or unduly repetitious evidence shall be excluded. While the rules of evidence
							as applied in civil cases in the Superior Courts of this state shall be
							followed to the extent practicable, the Board shall not be bound by technical
							evidentiary rules, and, when necessary to ascertain facts not reasonable
							susceptible of proof under the rules, evidence not otherwise admissible may be
							submitted, unless precluded by statute, if it is of a type commonly relied upon
							by reasonably prudent men in the conduct of their affairs. The rules of
							privilege recognized by law shall apply. Objections to evidentiary offers may
							be made and shall be noted in the record. Subject to these requirements, when a
							hearing will be expedited and the interests of the parties will not be
							prejudiced substantially, any part of the evidence may be received in written
							form.
B. Exhibits Copies - In all
							cases wherein evidence is taken, documentary evidence may be received in the
							form of copies or excerpts, if the original is not readily available. Upon
							request, parties shall be given an opportunity to compare the copy with the
							original.
C. Administrative Notice
							- In all proceedings wherein evidence is taken, notice may be taken of
							judicially cognizable facts. In addition, notice may be taken of generally
							recognized technical or scientific facts within the Board's specialized
							knowledge, but parties shall be notified either before or during the hearing,
							or be reference in preliminary reports or otherwise, of the material noticed,
							including any report or data required by law or regulation to be filed with the
							Board and they shall be afforded an opportunity to contest the material so
							noticed. The Board's experience, technical competence, and specialized
							knowledge may be utilized in the evaluation of evidence.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.30 - Briefs, Oral Arguments, and Proposed Findings and Orders

Current through June 14, 2024
A. Briefs and Memoranda of Law
1. Unless waived by the parties with the
							consent of the Board or the presiding officer, whether oral argument be heard
							or not, at the close of the taking of the testimony in each proceeding, or at
							such other time during the proceeding as the Board shall deem appropriate, the
							Board or the presiding officer shall fix the time for the filing and service of
							briefs or memoranda of law, giving due regard to the nature of the proceeding,
							the magnitude of the record, and the complexity or importance of the issues
							involved and shall fix the order in which such briefs shall be filed. The first
							or initial brief shall be filed by the party or parties upon whom rests the
							burden of proof, except that the Board or the presiding officer, when its
							judgment the circumstances or exigencies require, may direct that briefs or
							memoranda shall be filed simultaneously. The party upon whom rests the burden
							of proof shall have the right to file a reply brief.
2. Briefs should contain:
a. a concise statement of the case,
b. an abstract of the evidence relied upon by
							the party filing, preferably assembled by subjects, with references to the
							pages of the record or exhibits where the evidence appears, and
c. proposed findings of fact and conclusions,
							together with the reasons and authorities therefor, separately
							stated.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.31 - Reopening Proceedings

Current through June 14, 2024
A. By Parties
1. Except as provided in §
											1.31(A)(3)    of this Part, at any time after the conclusion of a hearing in a proceeding,
							but before issuance of a decision, any party to the proceeding may, for good
							cause shown, move to reopen the proceedings for the purpose of taking
							additional evidence. Copies of such motion shall be served upon all
							participants or their attorneys of record, and shall set forth clearly the
							facts claimed to constitute grounds requiring reopening of the proceedings,
							including material changes of fact or law alleged to have occurred since the
							conclusion of the hearing, and shall in all other respects conform to the
							applicable requirements of §§
											1.17  through
							  1.20     of this Part.
2. Within ten (10) days following the service
							of such motion, or such shorter or longer time as the Board or the presiding
							officer may order, any other party to the proceedings may file an objection
							thereto, and in default thereof shall be deemed to have waived any objections
							to the granting of such petition.
3. The Board will not consider any motion to
							reopen filed within ten (10) days before the expiration of the time in which
							the Board must issue a Final or Preliminary Decision.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.32 - Relief from Order

Current through June 14, 2024
A. Clerical
							Mistakes - Clerical mistakes in orders or other parts of the record and errors
							therein arising from oversight or omission may be corrected by the Board at any
							time on its own initiative, or on motion of any party and after such notice as
							the Board orders. During the pendency of an appeal, such mistakes may be so
							corrected before the appeal is docketed in the Supreme Court and thereafter
							while the appeal is pending may be so corrected with leave of the Supreme
							Court.
B. Mistake, Inadvertence,
							Excusable Neglect, Newly Discovered Evidence, Fraud, Other - On motion and upon
							such terms as are just, the Board may relieve a party from a final order or
							proceeding for the following reasons:
1.
							Mistake, inadvertence, surprise, or excusable neglect,
2. Newly discovered evidence, which by due
							diligence could not have been discovered in time to move to reopen the
							proceedings under §
											1.31     of this Part.
3. Fraud, misrepresentation, or other
							misconduct of an adverse party,
4.
							The order is void.
5. A prior order
							on which the order is based has been reversed or otherwise vacated, or it is no
							longer equitable that the order should have prospective application,
							or
6. Any other reason justifying
							release from the operation of the order
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.33 - Petitions

Current through June 14, 2024
A. General - Petitions for relief under any
							statute or other authority designated to the Board shall be in writing, shall
							state clearly and concisely the petitioner's grounds of interest in the subject
							matter, the facts relied upon, and the relief sought, and shall cite by
							appropriate reference the statutory provision or other authority relied upon
							for relief. Seven (7) copies shall be filed with the original.
B. Petitions for Issuance, Amendment, or
							Repeal of Rules
1. A petition for the
							issuance, amendment or repeal of a rule by the Board shall, in addition to the
							requirements of §
											1.33(A)     of
							this Part above, set forth the specific rule, amendment or repeal requested,
							and state in detail with citations to appropriate references, the reasons for
							the requested action. Seven (7) copies shall be filed with the
							original.
2. Upon submission of
							such a petition, the Board will within thirty (30) days, either deny the
							petition in writing or initiate rule-making procedures in accordance with R.I.
							Gen. Laws §
											42-35-8 shall
							set forth the rule or statutory provision in question and shall state in
							detail, with appropriate citations, whether the rule or provisions should or
							should not apply.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.34 - Severability

Current through June 14, 2024
If any provision of the Regulation is held to be invalid,
								such invalidity shall not affect the provisions or the applications thereof not
								specifically held invalid.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.35 - Statewide Master Construction Plan

Current through June 14, 2024
Each entity intending to construct a major energy facility
								in the state must file annually with the Board a "statewide master construction
								plan" consisting of a brief and concise description of any major energy
								facilities which the filing party proposes to construct in the succeeding two
								years. This plan shall be filed within ninety days of the adoption of these
								regulations and on each subsequent December 1 for the following year, unless
								the Board grants leave to file at a later date. The plan may be amended during
								the year to add proposed major energy facilities when plans for construction of
								new facilities arise that were not known or not likely at the time the plan was
								filed for such year.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.36 - Transmission Line Licensing

Current through June 14, 2024
The Board intends to expedite the licensing process for
								transmission lines and reserves the right to shorten the time limits provided
								in these regulations, subject to the constraints provided in applicable
								law.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation › Section 445-RICR-00-00-2.1 - Authority

Current through June 14, 2024
This Regulation is promulgated pursuant to R.I. Gen. Laws §§
										38-2-1 et seq. ("Access to Public Records") and 42-35-2(a).
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation › Section 445-RICR-00-00-2.2 - Purposes

Current through June 14, 2024
A. The Purposes of this Regulation are:
1. To establish a Regulation to implement R.I. Gen Laws §§
											38-2-1, et seq. and 42-35-2(a) relating to access to public records maintained by the Board.
2. To identify and delineate categories of records exempt from disclosure; and
3. To provide the public and Board personnel with a Regulation which sets forth the rules and procedures applicable to access to public records maintained by the Board.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation › Section 445-RICR-00-00-2.3 - Policy

Current through June 14, 2024
The Board recognizes both the public's right to access public records and the individual's right to dignity and privacy. It is the Board's policy to facilitate public access to all public records that may be disclosed in accordance with the R.I. Gen. Laws §
										38-2-10 et seq. It is also the policy of the Board to make all public records in the Board's possession be available for public inspection and copying consistent with applicable state or federal law, unless otherwise prohibited by a court of competent jurisdiction.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation › Section 445-RICR-00-00-2.4 - Procedure for Requesting Public Records

Current through June 14, 2024
A. Except as provided in §
										2.4(D)     of this Part, a written request to inspect or copy public records should be sent to the Board Coordinator who maintains the records requested or, in the alternative, to the Board Counsel at 89 Jefferson Boulevard, Warwick, R.I. 02888. Written requests may be mailed, hand delivered, e-mailed or sent via facsimile. Hand delivered requests may be made during the Board's regular business hours. In order to assure that the Board is able to respond to the request as efficiently and as completely as possible, the request should identify and describe the records being requested with as much specificity as possible. A written record of all requests will be maintained by the Board Coordinator.
B. If the description of records being requested is not sufficient to allow the Board to identify and locate the requested records, the Board will notify the person requesting such records that additional information is needed in order to properly respond to the request.
C. If the inspection or copying is not permitted within ten (10) business days the Board shall forthwith explain in writing the need for additional time to comply with the request. Any such explanation shall be particularized to the specific request made. In such cases, the Board may have up to an additional twenty (20) business days to comply with the request if it can demonstrate that the voluminous nature of the request, the number of requests for records pending, or the difficulty in searching for and retrieving or copying the requested records, is such that additional time is necessary to avoid imposing an undue burden on the Board.
D. A written request is not required to be submitted when the request is for any of the following:
1. documents prepared for or readily available to the public;
2. rules and written statements of policy or interpretations formulated, adopted or used by the agency; or
3. final orders, decisions, and opinions.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation › Section 445-RICR-00-00-2.5 - Hours of Inspections

Current through June 14, 2024
When a request is made to inspect public records (as opposed to obtain copies), the requester will be advised when the records are available and he/she can then make an appointment to inspect those documents at the Board between the hours of 8:30 a.m. and 3:30 p.m. Monday through Friday. The time frame for the Board to respond to requests to inspect public records is the same as the time frame applicable to responding to requests for copies of public records as set forth above in §
										2.4(C)     of this Part.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation › Section 445-RICR-00-00-2.6 - Fees

Current through June 14, 2024
A. Official publications which the Board prepares in the discharge of its duties to inform the public on matters of public interest will be furnished free of charge when available.
B. The Board will supply one (1) copy of any of its Rules and Regulations to an individual requesting them free of charge. Rules and Regulations of the Board are on file at the Office of the Secretary of State and certified copies thereof may be obtained from that office. Rules and Regulations of the board are also available online from the Secretary of State's website as well as the Board's website at http: //www.ripuc.org/efsb/index/html.
C. The Board charges a fee for copying and/or search of retrieval of requested documents consistent with applicable state law. The Board charges $0.15 per copied page; provided however, if the response to the request consists of twenty (20) or fewer copied pages, no fee will be charged. If the response to the request consists of more than twenty (20) copied pages, there will be a charge of $0.15 for each page. The Board will charge $15.00 per hour for the search and retrieval time required to respond to a request, whether the request seeks copies of records or the right to inspect records; provided however, there will be no charge for the first hour of search and retrieval time. The Board will provide the requester with an estimate of the copying costs and search and retrieval costs prior to responding to the request. The Board however, will charge the actual fees for the number of copies and the actual cost for search and retrieval time if those are more or less than estimated. The Board reserves the right to require a deposit of the estimated costs if the estimated cost is $50.00 or more.
D. The cost of copying and search and retrieval as provided in §
										2.6(C)     of this Part must be paid in advance of or at the time of delivery or inspection of the requested documents.
E. Board personnel or, where applicable an outside copy service, will make copies of requested records. The Board does not have a copy machine available for use by the public to make copies.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation › Section 445-RICR-00-00-2.7 - Supervision of Inspections

Current through June 14, 2024
The inspection of public records must be accomplished in a manner which will provide for general supervision by authorized Board staff. This is necessary to prevent the misplacement or unauthorized removal of records or any other action which may impair the integrity of the public record.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation › Section 445-RICR-00-00-2.8 - Severability

Current through June 14, 2024
If any provision of this Regulation or the application thereof to any individual or circumstances is held invalid, such invalidity shall not affect the provisions or application of the remaining portions of the regulation which can be given effect. The provisions of these rules and regulations are declared to be severable.
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-00-00-1.1 - Dedication

Current through June 14, 2024
The Rhode Island Fire Safety Code, as outlined herein, is hereby dedicated, in loving memory to Fire Board Chairman Rene Coutu, to Fire Alarm Superintendent Martin Ballou, and to the Victims, Survivors and Families of the Station Nightclub Fire. May they be at peace with the knowledge that their sacrifices have significantly contributed to the establishment of Rhode Island as an international model for fire safety guiding not only other States but countries such as Argentina and China in the development of fire safety programs for the protection of their citizens.
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-00-00-1.2 - Declaration of Policy

Current through June 14, 2024
A. It is the policy of the State of Rhode Island to simplify, clarify and modernize the law governing fires and fire prevention, and to specify reasonable minimum requirements for fire safety. It is the statutory directive and policy of the Fire Safety Code Board of Appeal and Review to adopt Rules and Regulations to safeguard life and property from the hazards of fire and explosives in accordance with safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection.
B. The purpose of these Rules and Regulations is to codify the State Fire Safety Code, which applies to all structures, new and existing and outlines the fire safety requirements of all assembly, educational, day-care, health care, ambulatory health care, detention and correctional, lodging or rooming house, hotel and dormitory, apartment, residential board and care, mercantile, business, industrial and storage occupancies in the State. In addition, the Fire Safety Code sets forth the requirements for smoke alarms and carbon monoxide alarms in all one (1), two (2) and three (3) family dwellings in the State. The Fire Safety Code also provides for the regulation of specialized fire protection requirements for hazardous materials & chemicals, flammable & combustible liquids, liquefied petroleum gases, liquefied natural gases, fireworks, model rocketry, heating appliances, spray application of flammable & combustible liquids, welding, use of torches, dust explosion prevention, industrial ovens & furnaces, mechanical refrigeration, combustible fibers and airport refueling operations. Finally, the Fire Safety Code addresses electrical fire safety, smoking, outdoor fires, fire lanes, commercial cooking equipment, combustible waste, tar kettles, Christmas trees, blasting and explosives.
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-00-00-1.3 - Consolidation of Rhode Island Fire

Current through June 14, 2024
Safety Code The Fire Safety Code, Parts 1 through 10 of this Subchapter, as adopted herein, along with the provisions of R.I. Gen. Laws Chapter 23-28.1
et seq
. shall be known as the Rhode Island Fire Safety Code.
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-00-00-1.4 - Authority

Current through June 14, 2024
The provisions of the Fire Safety Code, Parts 1 through 10 of this Subchapter (Hereinafter also referred to as "Fire Safety Code" or "This Code"), are adopted pursuant to R.I. Gen. Laws §
										23-28.3-3, in an effort to supplement, clarify, and modernize the minimum requirements for fire safety in new and existing buildings and facilities as outlined in R.I. Gen. Laws Chapter 23-28.1
et seq
. The provisions of this Code shall be interpreted consistently, with all current General Laws and Executive Orders, and all decisions, variances and interpretations issued by the Fire Safety Code Board of Appeal and Review (Hereinafter also referred to as the "Fire Board" or "Board"). The provisions of this Code shall further be enforced consistently, with all current General Laws and Executive Orders, by the Office of the State Fire Marshal and its affiliates.
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-00-00-1.5 - Definitions

Current through June 14, 2024
"Abatement" or to "Abate a condition" means the reduction, decrease, or diminution of a hazardous condition that presents immediate danger to life. The term "immediate" denotes that action is or must be taken either instantly or without any considerable loss of time. The condition may be singular or may be a set of conditions that in combination present an "immediate danger to life". Such conditions, that present an "immediate danger to life", shall include improper management or use of flammable and combustible materials, liquids and gases, pyrotechnics, fireworks or explosives, malfunctioning automatic sprinklers, fire alarms and emergency lighting, malfunctioning heating and electrical systems, blocked or inadequate exits or means of egress, the overcrowding of assembly occupancies and such other conditions as may be established by the Fire Safety Code Board of Appeal and Review.
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-00-00-1.6 - Fire Safety Code Board of Appeal and Review

Current through June 14, 2024
A. The Fire Safety Code Board of Appeal and Review is an agency within the Executive Department administratively assigned to the Department of Business Regulation. The Governor appoints all eleven (11) members with the advice and consent of the Senate. Of the members of the Fire Safety Code Board of Appeal and Review, one (1) shall be a representative of the permanent fire chiefs, one (1) shall be a representative of the building inspectors, one (1) shall represent industry, one (1) shall be a licensed professional engineer, one (1) shall be a representative of the fire protection industry, one (1) shall represent labor, one (1) shall be a licensed architect, one (1) shall be a representative of the volunteer fire chiefs, and three (3) shall be representatives of the public provided that one (1) shall be an officer, partner or proprietor of a Rhode Island company that is a small business as defined by the United States Small Business Administration. The Governor also designates a chairperson for a two (2) year term.
B. The Fire Safety Code Board of Appeal and Review is the sole authority having jurisdiction for administration and the State Fire Marshal is the sole authority having jurisdiction for enforcement of the Fire Safety Code.
C. Except as outlined below, the Fire Safety Code Board of Appeal and Review is the sole authority having jurisdiction to grant variances, waivers and amendments from, or to review and accept any proposed fire safety equivalencies and alternatives to, the strict adherence to the provisions of the Fire Safety Code and all referenced standards therein as previously enacted and/or adopted, herein and hereafter amended. Notwithstanding the above, the State Fire Marshal and his or her designees are hereby authorized to approve dimensional relief within the egress systems of any existing building in accordance with NFPA 101 and its annexes. Such dimensional relief shall be known as "AHJ modifications". All "AHJ modifications" must be in writing and submitted to the State Fire Marshal's Office for recording. Once recorded by the State Fire Marshal's Office, the "AHJ modification" shall remain as permanent relief for the building as long as the use and/or occupancy of the building remains the same. Any change of use and/or occupancy shall subject the building to review under the relevant codes and reconsideration of the "AHJ modification" in light of the new use or occupancy.
D. The Fire Safety Code Board of Appeal and Review is also the authority having initial jurisdiction to hear all appeals from any action taken by the State Fire Marshal's Office in its capacity as the authority having jurisdiction for the strict enforcement of the provisions of the Fire Safety Code and all referenced standards therein as previously enacted and/or adopted, herein and hereafter amended.
Rhode Island Code of Regulations › Title 450 - Fire Safety Code Board of Appeal and Review › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rehabilitation Building and Fire Code for Existing Buildings and Structures (450-RICR-00-00-9) › Section 450-RICR-00-00-9.1 - REHABILITATION BUILDING AND FIRE CODE FOR EXISTING BUILDINGS AND STRUCTURES

Current through June 14, 2024
A. The Rhode Island Rehabilitation Building and
				 Fire Code for Existing Buildings and Structures, previously adopted by the Fire
				 Safety Code Board of Appeal & Review, and the Rhode Island Building
				 Commission, is hereby re-adopted, in full, as Part 9 of this Subchapter
				 (previously named FIRE SAFETY CODE SECTION 9) with the following amendment:
(Add) 101.1.4
Any existing building or structure, subject to the provisions
					 of the rehabilitation building and fire code for existing buildings and
					 structures, shall also comply with the existing occupancy provisions of the Rhode
					 Island Life Safety Code (Part 8 of this Subchapter, previously named Section 8 of
					 the Rhode Island Fire Safety Code) addressing the current or proposed
					 occupancy.
Rhode Island Code of Regulations › Title 450 - Fire Safety Code Board of Appeal and Review › Chapter 00 - N/A › Subchapter 00 - N/A › Part 10 - Rhode Island Fire Alarm Code › Section 450-RICR-00-00-10.1 - Rhode Island Fire Alarm Code

Current through June 14, 2024
A. ADOPTION OF NFPA 72 AS THE RHODE ISLAND FIRE ALARM CODE.
1. The National Fire Alarm & Signaling Code, NFPA 72 (2019 Edition), as amended by §
											10.1(A)(2)     of this Part below, is hereby adopted as the "Rhode Island Fire Alarm Code."
2. The specific Rules addressing which use and occupancy groups require fire alarm systems, any additional requirements for the installation of these systems, and designating the party or parties responsible for the approval of these systems, are outlined in The Rhode Island Life Safety Code, Part 8 of this Subchapter, Chapter 9 (Building Service and Fire Protection Equipment) and occupancy Chapters 12 through 44. Any conflict between the provisions of the Rhode Island Life Safety Code and the 2019 edition of NFPA 72, as adopted by this Part, shall be resolved in favor of the most stringent requirement as determined by the State Fire Marshal subject to appeal to the Fire Safety Code Board of Appeal & Review.
Rhode Island Code of Regulations › Title 455 - Governor's Workforce Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Administrative Regulations for the Governor's Workforce Board Rhode Island's Non-Trade Apprenticeship Incentive Program (455-RICR-00-00-01) › Section 455-RICR-00-00-1.1 - Definitions

Current through June 14, 2024
"Employer" means any person, sole proprietorship,
					 partnership, corporation or other business entity that employs any person and
					 is both registered to do business and domiciled in the state of Rhode
					 Island.
"Non-Trade Apprentice" shall mean any person that is
					 registered by the State Apprenticeship Council and has entered into an
					 apprenticeship agreement with a registered non-trade apprenticeship program
					 sponsor.
"Non-Trade Apprenticeship Programs" shall mean any
					 registered apprenticeship programs that have been approved by the State
					 Apprenticeship Council. Such programs provide instruction in apprenticeable
					 occupations that are not considered to be within the skilled construction
					 trades.
Rhode Island Code of Regulations › Title 455 - Governor's Workforce Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Administrative Regulations for the Governor's Workforce Board Rhode Island's Non-Trade Apprenticeship Incentive Program (455-RICR-00-00-01) › Section 455-RICR-00-00-1.2 - Program Incentive

Current through June 14, 2024
A. Pursuant to R.I. Gen. Laws §
										42-102-13 the workforce board shall fund a non-trade apprenticeship incentive
				 program for industries identified and approved by the board.
B. For each apprentice enrolled in a
				 non-trade apprenticeship program subsequent to January 1, 2016, the workforce
				 board shall establish a reimbursement incentive program, in accordance with the
				 following provisions:
C. Employers
				 shall be eligible for an incentive of one thousand dollars ($1,000) per
				 non-trade apprentice registered subsequent to January 1, 2016.
D. The maximum amount that any employer may
				 receive for one or more apprentices within any twelve (12) month period under
				 the terms of R.I. Gen. Laws §
										42-102-13 is five thousand dollars
				 ($5,000).
E. An employer shall not
				 be eligible for the incentive reimbursement for an apprentice under the terms
				 of this section until after the completion of the probationary period required
				 pursuant to R.I. Gen. Laws §
										28-45-9(2)(viii).
F. For the purpose of this program, the
				 Governors' Workforce Board Rhode Island will provide the monetary incentive to
				 all employers that have registered non-trade apprenticeship programs and meet
				 these criteria.
Rhode Island Code of Regulations › Title 455 - Governor's Workforce Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - RI 10 Percent Investment Tax Credit (455-RICR-00-00-3) › Section 455-RICR-00-00-3.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws §
										44-31-1.
Rhode Island Code of Regulations › Title 455 - Governor's Workforce Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - RI 10 Percent Investment Tax Credit (455-RICR-00-00-3) › Section 455-RICR-00-00-3.2 - Purpose

Current through June 14, 2024
The purpose of these regulations is to provide for a 10
					 Percent Investment Tax Credit, which may be applied toward the Rhode Island
					 business corporation tax and the personal income tax. The credit is available
					 to employers classified in manufacturing, wholesale trade, finance, insurance,
					 real estate and selected service industries. To be eligible for the credit, the
					 employer must be paying above average wages or investing significantly in
					 employee training. In addition, more than half of the revenue of
					 non-manufacturing firms must come from out of state sales or sales to the
					 federal government.
Rhode Island Code of Regulations › Title 455 - Governor's Workforce Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - RI 10 Percent Investment Tax Credit (455-RICR-00-00-3) › Section 455-RICR-00-00-3.3 - Definition of Terms

Current through June 14, 2024
A. "Average annual
				 wage" means the wage for a particular Standard Industrial Classification (SIC)
				 code, or the corresponding industry sectors of the corresponding North American
				 Industry Classification System (NAICS), derived from the quarterly wage and
				 employment data reported by all private employers to the Department of Labor
				 and Training under its Quarterly Census of Employment and Wages (QCEW) program.
				 The Department publishes the average annual wage by two and three digit SIC
				 annually.
B. "Full-time equivalent
				 employee" means an employee who works a minimum of 30 hours per week within the
				 state or two part-time employees who together work a minimum of 30 hours per
				 week within the state.
C.
				 "Treatment of employees on payroll for less than 12 months" - In order to
				 present a fair representation of a company's true median or average annual
				 wage, the wage information for employees on the payroll for less than a full
				 year should be annualized. For example, if someone worked for only 26 weeks
				 during the year his/her wages should be doubled to reflect a full 52 week year.
				 By the same token if someone worked for the first part of a year but did not
				 stay with the company for the full year, his/her wages should also be
				 annualized and included when computing the median annual wage.
D. "Median annual wage" means that annual
				 wage determined by ranking the annual wages of all employees from low to high
				 and then taking the wage rate such that half the rates are below that figure
				 and half are above that figure. If there is no one middle number than the
				 median is the arithmetic average of the two middle numbers.
E. "Production worker" includes
				 non-supervisory workers (and working supervisors) who are directly engaged in
				 the manufacture of the product(s) of the establishment and other closely
				 related activities. Types of work include: fabricating, storage, shipping,
				 receiving, warehousing, trucking, packing, handling, maintenance, product
				 development, processing, assembling, janitorial, repair, and record keeping
				 related to production.
F. "Time
				 period for employer computing median annual wage" means the employer applying
				 for the Investment Tax Credit should use the median for the latest 12-month
				 period available provided the time period is at least as current as the latest
				 period used by the Department of Labor and Training for determining the
				 employer's qualification for the Investment Tax Credit.
Rhode Island Code of Regulations › Title 455 - Governor's Workforce Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - RI 10 Percent Investment Tax Credit (455-RICR-00-00-3) › Section 455-RICR-00-00-3.4 - Certification Process

Current through June 14, 2024
A. Certification
				 Form - Employers may use the Certification Form developed by the Department of
				 Labor and Training (DLT) and available on its website at
				 http://www.dlt.ri.gov/lmi/business/itcform.htm, or they may provide the
				 necessary information in another manner. The Certification Form or other
				 vehicle containing the necessary information may be faxed to DLT's Labor Market
				 Information unit at 401-462-8766 or mailed to RI Dept. of Labor and Training,
				 LMI Unit, 1511 Pontiac Avenue, Cranston, RI 02920.
B. Employer Records - Employers are
				 responsible for maintaining the necessary records to validate the information
				 provided should they be audited by the State Division of Taxation to verify
				 their claim for the 10 Percent Investment Tax Credit.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.1 - Authority

Current through June 14, 2024
These regulations are promulgated under the authority of
					 R.I. Gen. Laws Chapter 28-40 et seq.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.2 - Purpose

Current through June 14, 2024
The purpose of these rules is to clarify procedure before
					 the Board of Review.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.3 - Definitions

Current through June 14, 2024
A. "Department" means the Department of Labor
				 and Training.
B. "Director" means
				 the Director of the Department of Labor and Training.
C. "Interested party" means the director, the
				 board of review, the claimant and any employer or employing unit who has
				 furnished information other than wage information in accordance with R.I. Gen.
				 Laws §
										28-44-38(c).
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.4 - Appeal from the Director

Current through June 14, 2024
A. Any appeal or
				 request for hearing under the R.I. Gen. Laws §§
										28-41-18 or
				  28-44-39(b)  with respect to a decision of the Director shall be made by an
				 interested party within fifteen (15) calendar days of the mailing date of the
				 Director's decision in person at or by mail to the Department of Labor and
				 Training. However, said fifteen (15) calendar day period may be extended for
				 good cause shown.
B. Any appeal
				 under the R.I. Gen. Laws §§
										28-40-7,  28-43-13 or  28-43-14 of a
				 decision of the Director shall be made by an interested party in writing to the
				 Board of Review within fifteen (15) calendar days of the mailing date of the
				 Director's decision. However, said fifteen (15) day period may be extended for
				 good cause shown.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.5 - Transmittal of Record

Current through June 14, 2024
Immediately upon the filing of any appeal or request for
					 hearing with respect to a decision of the Director, the Director shall cause
					 the full record of the matter to be transmitted to the Board of
					 Review.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.6 - Availability of Record

Current through June 14, 2024
The record of any matter pending before the Board of Review
					 or a designated Appeal Tribunal shall be available for inspection by any
					 interested party at the office of the Board of Review during normal working
					 hours.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.7 - Referee as Appeal Tribunal

Current through June 14, 2024
A. The Board of
				 Review may appoint one or more impartial referees to serve as appeal tribunals.
				 The Board of Review may assign any appeal from or request for hearing with
				 respect to a decision of the Director to a Referee for investigation, hearing,
				 fact finding and/or decision.
B.
				 The Board of Review may appoint a Chief Referee who shall supervise the
				 referees and staff of the Board, assign cases to referees, schedule hearings
				 before referees and the Board, maintain the records of the referees and the
				 Board, compile statistics as required by the Board and perform such other
				 services as the Board may from time to time direct. The Chief Referee shall
				 report to the Board.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.8 - Hearing Schedule

Current through June 14, 2024
As soon as possible after the filing of an appeal or
					 request for hearing, a hearing shall be scheduled before the Board of Review or
					 before a Referee to whom the matter has been assigned.