The terms defined in this section shall have the meanings indicated and shall apply to all divisions in this Part 1. Terms defined in subsequent articles shall apply only to the divisions in which they appear.
APPROVED
Accepted by the Chief of the Fire Department as a result of his investigation and experience or by reason of test, listing or approval by Underwriters' Laboratories, Inc., the National Bureau of Standards, the American Gas Association Laboratories or other nationally recognized testing agencies.
ASTM
The American Society for Testing and Materials.
AUTOMATIC FIRE ALARM SYSTEM
A system which automatically detects a fire condition and actuates a fire alarm signal device.
FIRE RESISTANCE RATING
The time in hours that the material or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the Standard Methods of Fire Tests of Building Construction and Materials, ASTM E119 1961 edition, UL Inc. 263 1959 edition as amended 1962, or NFPA No. 251, as adopted in the Rhode Island State Fire Safety Code.
ICC CONTAINER
Any container approved by the Interstate Commerce Commission for shipping any liquid, gaseous or solid material of a flammable, toxic or other hazardous nature.
NFPA
The National Fire Protection Association.
OWNER
Includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary and a person having a vested or contingent interest in the property in question.
A. 
Any person who shall violate any of the provisions of this Part 1 or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Town Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than $100 or by imprisonment for not more than 90 days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
B. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
There is hereby adopted, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, the rules and provisions of this Part 1, to be known as the "Fire Prevention Code of the Town of Smithfield."
The limits referred to in § 198-36B, in which storage of explosives and blasting agents is prohibited, the limits referred to in § 198-47A, in which storage of Class I liquids in outside aboveground tanks is prohibited and the limits referred to in § 198-80, in which bulk storage of liquefied petroleum gas is restricted, shall be established from time to time by the Town Council on the advice and approval of the Chief of the Fire Department.
The Chief of the Fire Department shall have power to modify any of the provisions of the provisions of the article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter thereof, provided that the spirit thereof shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Fire Department thereon shall be entered upon the records of the Department and a signed copy shall be furnished the applicant.
Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of this Part 1 do not apply or that the true intent and meaning hereof have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Town Council within 30 days of the date of the decision appealed.
It is the intent of this Part 1 to prescribe regulations consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. Compliance with standards of the American Insurance Association or the National Fire Protection Association or other approved nationally recognized safety standards shall be deemed to be prima facie evidence of compliance with this intent.
A. 
The provisions of this Part 1 shall apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms hereof shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or property in the opinion of the Chief of the Fire Department.
B. 
Nothing contained in this Part 1 shall be construed as applying to the transportation of any article or thing shipped under the jurisdiction of and in compliance with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military forces of the United States.
All matters within the intent of this Part 1 not covered in detail herein shall provide reasonable safety to persons and property. Compliance with the Fire Prevention Code, edition of 1976, with 1982 amendments, recommended by the American Insurance Association, shall be evidence of compliance with this intent.
A. 
The Chief of the Fire Department or any Inspector thereof may, at all reasonable hours, enter any building or premises for the purpose of making any inspection or investigation which, under the provisions of this Part 1, he may deem necessary to be made.
B. 
The Chief of the Fire Department or any Inspector thereof shall be permitted by the owner, lessee, manager or operator of any building or premises to enter and inspect his building or premises at the time and for the purpose stated in this section.
It shall be the duty of the Chief of the Fire Department to inspect, or cause to be inspected, by the Fire Department officers or members, all buildings and premises, except the interiors of dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, endanger life from fire or any violation of the provisions or intent of this article and of any other ordinance affecting fire hazards.
Whenever any of the officers, members or Inspectors of the Fire Department as mentioned in § 198-12 shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Chief of the Fire Department:
A. 
Dangerous or unlawful amounts of combustible, explosive or otherwise hazardous materials;
B. 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, explosive or otherwise hazardous materials;
C. 
Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly flammable materials;
D. 
Accumulations of dust or waste material in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts;
E. 
Obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire; or
F. 
Any building or other structure which, for want of repairs, lack of sufficient fire escapes or other exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, creates a hazardous condition.
The service of orders for the correction of violations of this Part 1 shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of same to such person or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of premises such order may be served either by delivering to and leaving with said person a copy of said order, or, if such owner is absent from the jurisdiction of the officer making the order, by sending such copy by registered mail to the owner's last known post office address.
A. 
A permit shall constitute permission to maintain, store or handle materials, or to conduct processes, which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Such permit does not take the place of any license required by law, nor shall it be construed to permit a use not authorized by the zoning ordinance of the Town. It shall not be transferable, and any change in use or occupancy of premises shall require a new permit.
B. 
Before a permit may be issued, the Chief of the Fire Department or his assistants shall make or cause to be made such inspections or tests as are necessary to assure that the provisions of this Part 1 are complied with.
C. 
The Chief of the Fire Department may revoke a permit or approval issued if any violation of this Part 1 is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
This article shall not be construed to hold the Town responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.