Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 080080
LOCATION OF PREMISES: 663 Bernon Street
APPLICANT: Mr. James Larue 663 Bernon Street Woonsocket, RI 02895
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2011-06-10
The above-captioned case was scheduled for hearing on April 12, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Blackburn, Filippi, Pearson, Walker, Jasparro, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Frank Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioners Jasparro and Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 11, 2007 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the April 12, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the September 11, 2007 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 this facility currently maintains an approved fire alarm system.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved hard wired or wireless smoke and CO detection.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan of action for the correction of deficiency 3 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  The Board hereby grants the Applicant an additional 120 days in order to implement that plan of action at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	4.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiency 4 by providing this facility with approved exit signage.
	5-9.  It is the understanding of the Board that items 5, 6, 7, 8 and 9 are not deficient within this facility.
	10.  During the April 12, 2011 hearing on this matter, the Board was advised that the Applicant had corrected many of the doors of this facility by replacing them with approved doors having an approximate fire rating of twenty (20) minutes.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct the remainder of this deficiency by providing the entire egress system with approved twenty-minute doors, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12.
	13.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiency 13 by either enclosing the boiler or providing a domestically supplied sprinkler head over the boiler.
	14-15.  It is the understanding of the Board that items 14 and 15 are not deficient.

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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