§ 23-28.2-20.1 - Notices of violation.
SECTION 23-28.2-20.1
§ 23-28.2-20.1 Notices of violation.– The fire marshal and persons designated specifically in writing by the firemarshal shall have the power to issue notices of violation as herein providedfor, and the powers herein established shall be in addition to other powers ofinspection and enforcement of the Fire Safety Code provided for in this title.The fire marshal or authorized designee of the fire marshal shall have thepower to give notice of an alleged violation of law to the person responsibletherefor whenever the fire marshal or authorized designee determines that thereare reasonable grounds to believe that there is a violation of any provision oflaw within his or her jurisdiction or of any rule or regulation adoptedpursuant to authority granted to him or her and/or the Fire Safety Code Boardof Appeal and Review, unless other notice and hearing procedure is specificallyprovided by that law. Nothing in this chapter shall limit the authority of theattorney general to prosecute offenders as required by law.
(a) The notice shall provide for the time the allegedviolation shall be remedied, and shall inform the person to whom it is directedthat a written request for a hearing on the alleged violation may be filed withthe fire safety code board of appeal and review within thirty (30) days afterservice of the notice. The notice will be deemed properly served upon a personif a copy thereof is served him or her personally, by the authority havingjurisdiction or any other person having authority to serve process, or sent byregistered or certified mail to his or her last known address, or if he or sheis served with notice by any other method of service now or hereafterauthorized in a civil action under the laws of this state. If no writtenrequest for a hearing is made to the Fire Safety Code Board of Appeal andReview within thirty (30) days of the service of notice, the notice shallautomatically become a compliance order. The authority issuing the notice ofviolation shall have the power to extend in writing the time in which thealleged violation shall be remedied if the authority shall find, to theauthority's satisfaction, that a good faith effort is being made to remedy theviolation, and that the extension of time to remedy the violation will notresult in a significant threat to life safety.
(b) [Deleted by P.L. 2004, ch. 220, § 3 and by P.L.2004, ch. 225, § 3].
(c) If a person upon whom a notice of violation has beenserved under the provisions of this section or if a person aggrieved by anysuch notice of violation requests a hearing before the Fire Safety Code Boardof Appeal and Review within thirty (30) days of the service of notice ofviolation, the Board shall set a time and place for the hearing, and shall givethe person requesting that hearing notice as outlined in § 23-28.3-5 ofthis title. After the hearing, the Board may make findings of fact and shallsustain, modify, or withdraw the notice of violation. If the Board sustains ormodifies the notice, that decision shall be deemed a compliance order and shallbe served upon the person responsible in any manner provided for the service ofthe notice in this section.
(d) The compliance order shall state a time within which theviolation shall be remedied, and the original time specified in the notice ofviolation shall be extended to the time set in the order.
(e) Whenever a compliance order has become effective, whetherautomatically where no hearing has been requested, or upon decision following ahearing, the fire marshal may institute injunction proceedings in the districtcourt of the state for enforcement of the compliance order and for appropriatetemporary relief, and in that proceeding the correctness of a compliance ordershall be presumed and the person attacking the order shall bear the burden ofproving error in the compliance order. The remedy provided for in this sectionshall be cumulative and not exclusive and shall be in addition to remediesrelating to the removal or abatement of nuisances or any other remediesprovided by law. The district court shall have full equity power to hear andaddress these matters.
(f) Any party aggrieved by a final judgment of the districtcourt may, within thirty (30) days from the date of entry of such judgment,petition the supreme court for a writ of certiorari to review any questions oflaw. The petition shall set forth the errors claimed. Upon the filing of thepetition with the clerk of the supreme court, the supreme court may, if it seesfit, issue its writ of certiorari.