Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 120109
LOCATION OF PREMISES: 300 Jenckes Hill Road
APPLICANT: Ms. Patricia Campellone Crossroads RI 160 Broad Street Providence, RI 02903
USE OR OCCUPANCY: Other
DATE OF DECISION: 2013-02-07
The above-captioned case was scheduled for hearing on September 11, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Jackson, Burlingame and Blackburn were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State 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
	During the September 11, 2012 hearing on this matter, the Board was advised and finds that the Applicant wishes to temporarily convert the use of the cited airport hanger located in the North Central Airport in Smithfield, Rhode Island, for a social fundraising event to be held on Saturday, September 22, 2012.  The Board was further advised and finds that the Rhode Island Airport Corporation supports this request.  The Board was further advised and finds that the State Fire Marshals Office and the Applicant have developed an approved plan of action for the use of this facility for a one-time event on Saturday, September 22, 2012.  The Board hereby incorporates by reference a letter from the State Fire Marshals Office to Crossroads Rhode Island in care of Patricia Campellone, outlining the agreed upon guidelines for the event.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to utilize the subject facility for a proposed cocktail hour and sit-down dinner, to take place at the North Central Airport in Smithfield, Rhode Island from approximately 6:00 pm to 11:00 pm on September 22, 2012.  As a condition of this variance, the Board directs the Applicant to comply with all of the guidelines established with the State Fire Marshals Office and any additional requirements determined necessary by that Office.  Again, the Board notes that this is a one-time variance.

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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