Chapter 215

2008 -- H 7673

Enacted 07/05/08

A N A C T

RELATING TO HEALTH AND SAFETY - FIRE SAFETY CODE BOARD OF APPEAL AND REVIEW

Introduced By: Representatives Lewiss, Church, Gemma, Jackson, and Slater

Date Introduced: February 26, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-28.3-2 of the General Laws in Chapter 23-28.3 entitled "Fire

Safety Code Board of Appeal and Review" is hereby amended to read as follows:

23-28.3-2. Fire safety code board of appeal and review -- Composition --

Appointment, terms, and removal of members. -- (a) There is hereby created a fire safety code

board of appeal and review, consisting of eleven (11) members who shall be appointed by the

governor with the advice and consent of the senate. Of the members of the board of appeal and

review, one shall be a representative of the permanent fire chief, one shall be a representative of

the building inspectors, one shall represent industry, one shall represent labor, one shall be a

licensed architect, one shall be a licensed professional engineer, one shall be a representative of

the fire protection industry, one shall be a representative of the volunteer fire chiefs, and three (3)

shall be representatives of the public; provided, however, that one 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 shall designate one member of the board to be

chairperson for a two (2) year term. The members of the board shall be chosen and shall hold

office for six (6) years, and until their respective successors are appointed and qualified. In the

month of February in each year, the governor shall appoint successors to the members of the

board whose terms shall expire in that year, to hold office until the first day of March in the sixth

year after their appointments, and until their respective successors are appointed and qualified.

Any vacancy which may occur in the board shall be filled by appointment for the remainder of

the unexpired term in the same manner as the original appointment. The members of the board at

their first annual meeting shall elect such other officers as they may deem necessary. A member

of the board may be removed by the governor only for cause and after filing of charges,

notification thereof to the member, a hearing thereon before the state personnel appeal board, and

the filing of findings by the board.

      (b) The actions on appeals shall be determined by a majority vote by members present

with at least five (5) members in accord on any decision.

      (c) The chairperson of the board may appoint such subordinates and clerical and other

assistants as may be necessary for the proper performance of its duties, within the limit of

available appropriations therefor, all of which appointments shall be in the unclassified service;

provided, however, that the chairperson of the board, subject to the provisions of chapter 4 of title

36, shall be the appointing authority for the executive director, who shall be in the classified

service.

     SECTION 2. This act shall take effect upon passage.

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LC01206

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