Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 090168
LOCATION OF PREMISES: 7 Greenhouse Road
APPLICANT: Mr. Todd C. Slozne, A.I.A. Payette Associates 285 Summer Street Boston, MA 02210
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2009-08-21
The above-captioned case was scheduled for hearing on June 2, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Walker, Jasparro, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Walker and Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the June 2, 2009 hearing on this matter, the Board had before it an April 27, 2009 letter from the State Fire Marshal's office outlining the variance request for this facility.  The Board further had a March 31, 2009 appeal application attachment describing the facility itself and the requested relief.  Both the April 27, 2009 letter from the Fire Marshal along with the March 31, 2009 appeal application attachment were utilized by the Board, the Applicant and the State Fire Marshals Office during the June 2, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the April 27, 2009 letter from the State Fire Marshal's office along with the March 31, 2009 appeal application attachment as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 8.6.8.2 in order to allow the State Fire Marshal to approve the Applicants plan of action as outlined in the March 31, 2009 appeal application attachment and the Fire Marshal's April 27, 2009 letter to the Board.  In granting this relief it is the understanding of the Board that the State Fire Marshal's office has no objection and that the Applicant shall provide approved fire shutters with smoke detector activation in order to contain any smoke prior to its migration to the means of egress within this facility.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].
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