Fire Safety Code, Rhode Island

Decisions - Details

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FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
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DECISION
FILE NO.: 080034
LOCATION OF PREMISES: 464 Second Avenue
APPLICANT: Hedco North c/o Rosie Cruz 313 Pond Street Woonsocket, RI 02895
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2012-03-16
The above-captioned case was scheduled for hearing on February 21, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Jackson, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Jasparro 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 February 9, 2006 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 February 21, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the February 9, 2006 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action for the installation of an approved fire alarm system within this facility to the Woonsocket Fire Marshals Office.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee.  Finally, the Board notes that the Woonsocket Fire Marshals Office is hereby granted the authority to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing this facility with approved carbon monoxide detection.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide this facility with approved emergency lights.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide this facility with approved exit signage at the egress doors of this facility.
	5-6.  It is the understanding of the Board that items 5 and 6 are not deficient and not violations of the code.
	7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 by providing the cited wood panels in the Side A egress system and the wainscoting in the Side C egress system with an approved Class A flame retardant, installed at the Woonsocket Fire Marshals Office.
	8-9.  It is the understanding of the Board that items 8 and 9 are not deficient and not violations of the code.
	10.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 10 by replacing the cited basement door with an approved solid core or steel door and by providing the doors of the apartments with approved self-closers, and finally re-swinging the Side C egress door at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	11.  It is the understanding of the Board that item 11 is not deficient and therefore not a violation of the State Fire Code.
	12.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 12 by providing the furnace or boiler of this area with an approved remote shut-off switch installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	13-15.  It is the understanding of the Board that items 13, 14 and 15 are not deficient and not violations of the State Fire Code.
	16.  (Additional Requirement).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 16 by providing a blank over where the lock set has been removed from the attic door.  The above correction shall be at the direction and to the satisfaction of the Woonsocket Fire Marshals 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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