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.: 100120
LOCATION OF PREMISES: 615 Jefferson Boulevard Building A
APPLICANT: Mr. Don Wilkinson 615 Jefferson Boulevard Warwick, RI 02886
USE OR OCCUPANCY: Business
DATE OF DECISION: 2013-01-31
The above-captioned cases were scheduled for hearing on August 28, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Blackburn 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 two inspection reports covering 615 Jefferson Boulevard, Building A and 615 Jefferson Boulevard, Building B and compiled by the Warwick Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the August 28, 2012 hearing covering these buildings.  Accordingly, the Board hereby incorporates the May 27, 2010 inspection reports 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the August 28, 2012 hearing on these buildings, it was determined that each building would require a local fire alarm system and that time would be necessary for the installation of that system.  Accordingly, the Board hereby grants the applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the installation of a local fire alarm system in each building.  The Board further grants the Applicant an additional 120 days in which to implement the above plan of action, at the direction and to the satisfaction of the Warwick Fire Marshals Office. 
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to properly test and maintain the exit signage and emergency lights throughout the subject buildings.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 with regard to both buildings by providing approved fire extinguishers with proper signage.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for the installation of all additional emergency lighting and exit signage deemed necessary by the Warwick Fire Marshals Office in accordance with the code for both buildings.  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 Warwick Fire Marshals Office.
	5.  The Board hereby grants the Applicant a variance of thirty (30) days from the date of this decision in which to develop a plan of action for the installation of an approved fire department access box for both facilities.  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 Warwick Fire Marshals Office.  Finally, the Board notes that the Warwick Fire Marshals Office shall have the authority to extend any or all of the above timelines for good faith efforts being demonstrated by the Applicant.

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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