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§23-28.2-20.1  Notices Of Violation. –


Published: 2015

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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.

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(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.)