§ 23-28.3-5 - Assistance to building owners – Petition for variations.
SECTION 23-28.3-5
§ 23-28.3-5 Assistance to building owners– Petition for variations. – (a) Any building owner, and/or the operator of any regulated process orhazardous activity, may consult with the authority having jurisdiction foradvice and assistance in complying with the provisions of the fire safety codeadopted pursuant to chapters 28.1 – 28.39 and chapter 29.1 of this title,or any amendments to those codes or any codes adopted under them. In case ofpractical difficulties, the authority having jurisdiction shall refer allrequests for variations from particular provisions of the fire safety codeadopted pursuant to chapters 28.1 – 28.39 of this title or any codeadopted under them to the fire safety code board. All requests for variationsfrom the particular provisions of the fire safety code adopted pursuant tochapter 29.1 of this title shall be referred to the joint committee pursuant tothe provisions of § 23-29.1-4. The petitioner shall set forth in his orher petition to the board the grounds or reasons for requesting the variations.
(b) The board shall fix a day for hearing on the petition andshall give reasonable notice of the hearing to the petitioner and the propertyowners within two hundred feet (200') of the petitioner's building or structurewhen, in the board's discretion, it may have an adverse effect on neighboringproperties. A properly indexed record of all variations made shall be kept inthe office of the state fire marshal and shall be open to public inspection.Any building owner may file a petition for a variance to the board byregistered mail, and a hearing date shall be set by the board within thirty(30) days of filing a completed application including a filing fee, establishedin accordance with the following fee schedule:
(1) Petitions related to existing covered occupancies, notinvolving construction, alteration, and/or renovation . . . $100filing fee.
(2) Petitions related to construction, alteration,renovation, and/or conversion or other buildings and structures:
(i) not more than 8,000 square feet . . . $100filing fee
(ii) more than 8,000 square feet but not more than 25,000square feet . . . $300 filing fee
(iii) more than 25,000 square feet but not more than 50,000square feet . . . $500 filing fee
(iv) more than 50,000 square feet . . . $1,000filing fee
(3) Petitions related to maintenance or use of buildings ormaterials and any petition not otherwise provided for above . . .$100 filing fee.
(4) The term "square feet", as used in this chapter, is thetotal floor space and/or storage capacity of the subject building or structure,as determined and certified by the state fire marshal or his or her designee,subject to review by the board. The board chairperson may delegate asubcommittee of the board to conduct a hearing and take testimony from thepetitioner. The subcommittee shall make recommendations to the board as totheir findings, and a decision shall be rendered within ten (10) days of thesubcommittee's report. If the petitioner is aggrieved by the subcommittee'srecommendations, the petitioner has the right of hearing before the entireboard within thirty (30) days of the rendered decision.
(c) The application filing fee income shall be deposited asgeneral revenue.
(d) The fire safety code board may grant a blanket variancewhen, in the opinion of the fire safety code board, any specific provision ofthe fire safety code has been rendered obsolete and/or imposes anunanticipated, unreasonable hardship upon the general public, and the boardfinds that the decision to grant a blanket variance will not conflict with thegeneral objectives of the code. All blanket variances shall only be effectiveuntil the next code adoption process by the board.
(2) In order to provide for the reasonable and orderlyimplementation of the fire safety code effective on January 1, 2004, the firesafety code board of appeal and review may, by variance and/or blanketvariance, affirm and reestablish any variances, blanket variances, andtimetables for compliance as were in effect on December 31, 2003.
(e) Any person who violates a final order of the Board, uponproper written notification, is deemed guilty of a misdemeanor, and, uponconviction, is imprisoned for a term not exceeding one year, or fined not morethan one thousand dollars ($1000) for each offense. The district court shallhave full equity power to hear and address these matters.