Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 100167
LOCATION OF PREMISES: 472 Main Street
APPLICANT: Frank Olean Center 93 Airport Road Westerly, RI 02891
USE OR OCCUPANCY: Business
DATE OF DECISION: 2010-10-26
The above-captioned case was scheduled for hearing on August 3, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Jasparro, Jackson, Dias, Filippi, Pearson and Walker were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jackson and Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Preiss abstaining from the vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a July 6, 2010 inspection report compiled by the State Fire Marshals Office.  This report is also identified as inspection 10-1106-IS.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the August 3, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the July 6, 2010 inspection report 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 and that the fire alarm circuit breaker is currently mechanically locked open.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action to the State Fire Marshal's office for review and an additional 120 days in order to complete the plan of action at the direction and to the satisfaction of the State Fire Marshal's office.  Accordingly, the Applicant is hereby directed to incorporate the correction of deficiency 2 in the above plan of action.
	3.  The Board hereby grants the Applicant a time variance as outlined in item 2 above in which to correct deficiency 3 by addressing the fire escape issues cited therein, at the direction and to the satisfaction of the State Fire Marshal's office.
	4.  It is the understanding of the Board that deficiency 4 is moot in that the exterior exit from the basement door is not currently required to be marked.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly enclosing the closet of the women's bathroom.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 and that the exit door currently opens freely.
	7.  The Board hereby grants the Applicant the time variances outlined in item 2 above in order to correct deficiency 7 by placing the double action fire alarm box at the appropriate height for this occupancy, at the direction and to the satisfaction of the State Fire Marshal's office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 and that the cited portable fire extinguisher in the basement currently displays a maintenance/inspection tag.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by removing the cited latching devices.
	10.  The Board hereby grants a variance in order to allow the Applicant to continue to access the enclosed usable space under the stairs through a door located within the stairwell.  The Board further grants the Applicant the time variance outlined in item 2 above in order to properly fire rate the door and assembly leading into the space, at the direction and to the satisfaction of the State Fire Marshal's office.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing approved heat detection in the closet in the women's bathroom within the time frame outlined in item 2 above, at the direction and to the satisfaction of the State Fire Marshal's office.

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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