The above-captioned case was scheduled for hearing on April 24, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Coutu, O’Connell, Richard, Pearson, Evans and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal James J. Grenga of the Smithfield Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Members Burlingame and O’Connell with Member Evans abstaining.

FINDINGS OF FACT

During the April 24, 2001 hearing on this matter, the Board was advised that this case, and a sister case, (File Nos. 010023 and 010024), involved two buildings with the same outstanding fire alarm and sprinkler issues. Accordingly, the Board reviewed both properties during a single hearing. The information involving the above buildings was outlined and submitted in a November 1, 2000 letter to the Board from the Smithfield Fire Marshal.  The above letter was relied upon by all of the parties during the April 24, 2001 hearing. Accordingly, the Board hereby incorporates the November 1, 2000 letter of the Smithfield Fire Marshal as its initial findings of fact. It is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.  

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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants variance(s) from the provisions of sections 23-28.25-4(b) and 23-28.25-5(e) in order to allow the Applicant to maintain the existing fire alarm wiring, and location of the inspector’s test valves of the sprinkler system, in these facilities, as presented. In granting these variances, the Board directs the Applicant to provide riser diagram(s), with the specific wiring information at the fire alarm control panel, and to further provide additional inspector’s test(s), at the end of the sprinkler system(s), at the direction and to the satisfaction of the Smithfield Fire Marshal as deemed necessary by that 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 Applicant’s 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 Board’s 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 Board’s 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)].