Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
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DECISION
FILE NO.: 050505
LOCATION OF PREMISES: 2 Webster Knight Drive
APPLICANT: Mr. Kenneth Townsend West Warwick School Department 20 Juniper Street West Warwick, RI 02893
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2007-02-09
The above-captioned cases were originally scheduled for hearing on February 14, 2006 at 1:00 P.M. and a decision in this matter was issued on May 12, 2006.  The Applicant has now returned requesting a modification of the original time lines of the original decisions covering the High School and the Middle School on January 30, 2007 at 1:00 P.M.  At that time, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Pearson and Filippi were present.  Commissioner Preiss recused himself from consideration of this matter.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in the above captioned cases as its original findings of fact in this case.  In addition, the Board has been advised and finds that the West Warwick Public Schools would like to make a change to the plan that was previously submitted.  Specifically, the West Warwick School Department has requested to switch the variance completion date for the Fire Alarms and Sprinkler Systems for the High School and Middle School.  The Board was further advised and finds that the reason for this change is due to major renovations planned for the High School.  Finally, the Board has been advised and finds that the West Warwick Fire Marshal's office has no objection to the above switching of completion dates.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby amends its original decision in file number 050504 to allow the Applicant to complete the updating of the fire alarm system and the design and installation of the fire sprinkler system by the end of August 2009, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  
	2.  The Board hereby amends its original decision in file number 050505 in order to allow the requested voluntary reduction by the Applicant for the installation of the fire alarm and sprinkler systems in the Middle School.  Specifically, the new deadline for the design and installation of both the new fire alarm system and the new sprinkler system in the Middle School shall now be the end of July 2008.  The above system shall be installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  In adjusting the above timetables, it is the understanding of the Board that the Applicant has voluntarily requested this adjustment and that the West Warwick Fire Marshal's office has no objection.  

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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