Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 120149
LOCATION OF PREMISES: One Greystone Drive
APPLICANT: Induplate One Greystone Drive North Providence, RI 02911
USE OR OCCUPANCY: Industrial
DATE OF DECISION: 2013-03-12
The above-captioned case was scheduled for hearing on December 11, 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 John Horan of the North Providence 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 passed over the opposition vote of Commissioner Jackson.

FINDINGS OF FACT
	During the December 11, 2012 hearing on this matter, the Board had before it a November 8, 2012 plan of action from the Applicant along with a November 14, 2012 letter of support from the North Providence Fire Marshals Office.  Accordingly, the Board hereby incorporates the November 8, 2012 plan of action letter along with the November 14, 2012 letter of support as its initial findings of fact.  Specifically, the Board finds that the Applicant wishes to have approval to utilize PVC conduit instead of EMT due to the fact that the facility is utilized for plating and is a corrosive environment.  The Board further finds that the PVC conduit would work much better than EMT conduit because the EMT conduit has the potential of corroding quickly and requiring continual replacement.  It is also the finding of the Board that the existing electrical installations throughout the building are also done in PVC conduit for this reason.  The Board further finds that the North Providence Fire Marshals Office fully supports the installation of the fire alarm system and the use of PVC piping and that the electrical contractor has agreed to install bonding with a separate drain wire.  Finally, it is the understanding of the Board that the Marshals support is further based upon the fact that the building is fully sprinklered.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a variance to install the fire alarm system with approved PVC conduit instead of EMT due to the corrosive nature of the environment of this facility.  In granting this relief, the Board directs the Applicant to have his electrical contractor install bonding with a separate drain wire throughout this system.  The above installation shall be at the direction and to the satisfaction of the North Providence Fire Marshals Office or designee.

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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