§ 23-28.3-1. Definitions. When used in this chapter: (1) “Amendment” means any modification or change in the code that shall be formulated, adopted, and issued by the board; (2) “Blanket variance” means generalized relief from any provision of the fire safety code, including, but not limited to, time deadlines, when, in the opinion of the […]
§ 23-28.3-10. Other fire safety laws unimpaired. Nothing in this chapter shall be construed to repeal or limit or restrict in any way any present state law, statute, regulation, or order governing the reasonable minimum requirements for fire safety in new and existing buildings and facilities, except where the state law, statute, regulation, or order […]
§ 23-28.3-11. Relief from responsibility. The commissioners and employees of the Fire Safety Code board of appeal and review shall not render themselves liable personally, and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the […]
§ 23-28.3-2. Fire safety code board of appeal and review — Composition — Appointment, terms, and removal of members. (a) There is hereby created a fire safety code board of appeal and review, consisting of eleven (11) members who shall be appointed by the governor with the advice and consent of the senate. Of the […]
§ 23-28.3-3. Rules and regulations. (a) The state fire safety code board has the power to promulgate, amend, and repeal rules and regulations to safeguard life and property from the hazards of fire and explosives consistent with the provisions of the Fire Safety Code, chapters 28.1 through 28.39 of this title, and consistent with the […]
§ 23-28.3-3.1. Rules and regulations, rehabilitation of existing buildings and structures. The state fire safety code board has the power to adopt, promulgate, amend, and repeal the fire safety code elements of the rehabilitation building and fire code for existing buildings and structures, which shall be administered as a sub-code of the fire safety code. […]
§ 23-28.3-4. Compensation of board members. (a) The members of the board shall not be compensated for their service on the board, but shall be reimbursed for their reasonable expenses. (b) In no event shall the fire safety code board expend more than fifty-seven thousand five hundred dollars ($57,500) for expenses of board members. History […]
§ 23-28.3-5. Assistance to building owners — Petition for variations. (a) Any building owner, and/or the operator of any regulated process or hazardous activity, may consult with the authority having jurisdiction for advice and assistance in complying with the provisions of the fire safety code adopted pursuant to chapters 28.1 — 28.39 and chapter 29.1 […]
§ 23-28.3-6. Review of refusal of variation — Review of final order. Any building owner aggrieved by any decision of the board refusing to grant a variation pursuant to the provisions of § 23-28.3-5 may, within thirty (30) days after the decision, commence an action in the sixth division of the district court against the […]
§ 23-28.3-7. Judicial review of code provisions. Any person aggrieved by the enforcement against him or her of the Fire Safety Code, chapters 28.1 — 28.39 of this title, any safety code adopted under this chapter, or any amendments thereof may, after its effective date, commence an action in the district court for the county […]
§ 23-28.3-8. Notice of judicial review — Civil rules applicable. In any proceedings under §§ 23-28.3-6 and 23-28.3-7, the court shall order notice to be given to the board and to the state fire marshal in such manner as it shall determine. The proceeding and the pleadings therein shall be governed by the laws and […]
§ 23-28.3-9. Violations of chapter or codes. Unless otherwise specifically specified in this code, any building owner or lessee who violates or fails or refuses to comply with the provisions of this chapter, the Fire Safety Code, chapters 28.1 — 28.39 of this title, or any code adopted by the board, or any lawful order […]
