Section 450-RICR-00-00-1.6 - Fire Safety Code Board of Appeal and ReviewA. The Fire Safety Code Board of Appeal and Review is an agency within the Executive Department administratively assigned to the Department of Business Regulation. The Governor appoints all eleven (11) members with the advice and consent of the Senate. Of the members of the Fire Safety Code Board of Appeal and Review, one (1) shall be a representative of the permanent fire chiefs, one (1) shall be a representative of the building inspectors, one (1) shall represent industry, one (1) shall be a licensed professional engineer, one (1) shall be a representative of the fire protection industry, one (1) shall represent labor, one (1) shall be a licensed architect, one (1) shall be a representative of the volunteer fire chiefs, and three (3) shall be representatives of the public provided that one (1) shall be an officer, partner or proprietor of a Rhode Island company that is a small business as defined by the United States Small Business Administration. The Governor also designates a chairperson for a two (2) year term.B. The Fire Safety Code Board of Appeal and Review is the sole authority having jurisdiction for administration and the State Fire Marshal is the sole authority having jurisdiction for enforcement of the Fire Safety Code.C. Except as outlined below, the Fire Safety Code Board of Appeal and Review is the sole authority having jurisdiction to grant variances, waivers and amendments from, or to review and accept any proposed fire safety equivalencies and alternatives to, the strict adherence to the provisions of the Fire Safety Code and all referenced standards therein as previously enacted and/or adopted, herein and hereafter amended. Notwithstanding the above, the State Fire Marshal and his or her designees are hereby authorized to approve dimensional relief within the egress systems of any existing building in accordance with NFPA 101 and its annexes. Such dimensional relief shall be known as "AHJ modifications". All "AHJ modifications" must be in writing and submitted to the State Fire Marshal's Office for recording. Once recorded by the State Fire Marshal's Office, the "AHJ modification" shall remain as permanent relief for the building as long as the use and/or occupancy of the building remains the same. Any change of use and/or occupancy shall subject the building to review under the relevant codes and reconsideration of the "AHJ modification" in light of the new use or occupancy.D. The Fire Safety Code Board of Appeal and Review is also the authority having initial jurisdiction to hear all appeals from any action taken by the State Fire Marshal's Office in its capacity as the authority having jurisdiction for the strict enforcement of the provisions of the Fire Safety Code and all referenced standards therein as previously enacted and/or adopted, herein and hereafter amended.450 R.I. Code R. 450-RICR-00-00-1.6
Amended effective 2/25/2019
Amended effective 7/1/2021