Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 080105
LOCATION OF PREMISES: 25 Spray Rock Road
APPLICANT: Jennifer I. Sapochetti Hughes Associates 5 Mount Royal Avenue, 3rd floor Marlborough, MA 01752
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2008-07-25
The above-captioned case was scheduled for hearing on May 6, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Walker, Jackson, Blackburn, Preiss, Jasparro, Pearson, Richard and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Harold Steadman of the Dunns Corners Fire District Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Vice Chairman Newbrook to approve the Applicants plan of action as outlined in a fifteen page letter dated April 4, 2007 from the Hughes Associates Marlborough Massachusetts office.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates the April 4, 2007 Hughes Associates Marlborough Massachusetts office letter, outlining the proposed plan of action for this facility as its initial findings of fact in this case.  A copy of the April 4, 2007 letter is attached hereto.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants plan of action as outlined in the April 4, 2007 letter generated by the Marlborough Massachusetts office of Hughes Associates.  

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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