TITLE 23
Health and Safety
CHAPTER 23-28.2
Division of Fire Safety
SECTION 23-28.2-20.1
§ 23-28.2-20.1 Notices of violation.
(a) The fire marshal and persons designated specifically in writing by the fire
marshal shall have the power to issue notices of violation as herein provided
for, and the powers herein established shall be in addition to other powers of
inspection and enforcement of the Fire Safety Code provided for in this title.
The fire marshal or authorized designee of the fire marshal shall have the
power to give notice of an alleged violation of law to the person responsible
therefor whenever the fire marshal or authorized designee determines that there
are reasonable grounds to believe that there is a violation of any provision of
law within his or her jurisdiction or of any rule or regulation adopted
pursuant to authority granted to him or her and/or the Fire Safety Code Board
of Appeal and Review, unless other notice and hearing procedure is specifically
provided by that law. Nothing in this chapter shall limit the authority of the
attorney general to prosecute offenders as required by law.
(b) The notice shall provide for the time the alleged
violation shall be remedied, and shall inform the person to whom it is directed
that a written request for a hearing on the alleged violation may be filed with
the fire safety code board of appeal and review within thirty (30) days after
service of the notice. The notice will be deemed properly served upon a person
if a copy thereof is served him or her personally, by the authority having
jurisdiction or any other person having authority to serve process, or sent by
registered or certified mail to his or her last known address, or if he or she
is served with notice by any other method of service now or hereafter
authorized in a civil action under the laws of this state. If no written
request for a hearing is made to the Fire Safety Code Board of Appeal and
Review within thirty (30) days of the service of notice, the notice shall
automatically become a compliance order. The authority issuing the notice of
violation shall have the power to extend in writing the time in which the
alleged violation shall be remedied if the authority shall find, to the
authority's satisfaction, that a good faith effort is being made to remedy the
violation, and that the extension of time to remedy the violation will not
result in a significant threat to life safety.
(c) If a person upon whom a notice of violation has been
served under the provisions of this section or if a person aggrieved by any
such notice of violation requests a hearing before the Fire Safety Code Board
of Appeal and Review within thirty (30) days of the service of notice of
violation, the Board shall set a time and place for the hearing, and shall give
the person requesting that hearing notice as outlined in § 23-28.3-5 of
this title. After the hearing, the Board may make findings of fact and shall
sustain, modify, or withdraw the notice of violation. If the Board sustains or
modifies the notice, that decision shall be deemed a compliance order and shall
be served upon the person responsible in any manner provided for the service of
the notice in this section.
(d) The compliance order shall state a time within which the
violation shall be remedied, and the original time specified in the notice of
violation shall be extended to the time set in the order.
(e) Whenever a compliance order has become effective, whether
automatically where no hearing has been requested, or upon decision following a
hearing, the fire marshal may institute injunction proceedings in the district
court of the state for enforcement of the compliance order and for appropriate
temporary relief, and in that proceeding the correctness of a compliance order
shall be presumed and the person attacking the order shall bear the burden of
proving error in the compliance order. The remedy provided for in this section
shall be cumulative and not exclusive and shall be in addition to remedies
relating to the removal or abatement of nuisances or any other remedies
provided by law. The district court shall have full equity power to hear and
address these matters.
(f) Any party aggrieved by a final judgment of the district
court 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 of
law. The petition shall set forth the errors claimed. Upon the filing of the
petition with the clerk of the supreme court, the supreme court may, if it sees
fit, issue its writ of certiorari.
History of Section.
(P.L. 2003, ch. 106, § 5; P.L. 2003, ch. 107, § 5; P.L. 2004, ch.
220, § 3; P.L. 2004, ch. 225, § 3; P.L. 2005, ch. 151, § 4; P.L.
2005, ch. 155, § 4; P.L. 2012, ch. 415, § 21.)