Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 110206
LOCATION OF PREMISES: 51 Spring Street Main Building
APPLICANT: Mr. Frank DiBiase Jr. 2010 Mineral Spring Avenue North Providence, RI 02911
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2012-03-23
The above-captioned case was scheduled for hearing on March 6, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame and Blackburn were present.  Vice Chairperson Filippi recused herself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  Prior to the commencement of the hearing, Deputy State Fire Marshal Dehler advised the Board that it was her understanding that the building is currently in compliance and that she would verify this with a subsequent inspection.  A motion was made by Commissioner Dias and seconded by Commissioner Jackson to close both this file and file number 110207.  The motion was unanimous.  Accordingly, the Board hereby closes this file.

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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