Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
(401) 889-5551 phone
(401) 889-5279 fax
711 TTY
FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
560 Jefferson Boulevard
Suite 202
Warwick, RI 02886
DECISION
FILE NO.: 130052
LOCATION OF PREMISES: 1065 Worden's Pond Road
APPLICANT: Camp JORI P.O. Box 5299 Wakefield, RI 02879
USE OR OCCUPANCY: Lodging or Rooming Houses
DATE OF DECISION: 2013-06-13
The above-captioned case was originally scheduled for hearing before the Board in 2002 and a decision was subsequently issued in file number 020093, approving the plan of action developed by the Applicant and the Union Fire District for the safety of this seasonal camp.  By letter dated April 29, 2013, the Union Fire District Fire Marshals Office advised the Board that the Applicant is requesting re-confirmation of its decision in file number 020093.  The fire marshal further advised the Board that the plan of action described in the decision has been very successful for all parties.

Accordingly, the above captioned case was most recently scheduled for hearing on May 14, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Sylvester, Burlingame and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Emmott of the Union Fire District Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Burlingame to reconfirm the original variance granted to this seasonal camp.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 020093 as its initial findings of fact in the above captioned case.  In addition, the Board notes that by letter dated April 29, 2013, the Union Fire District Fire Marshals Office has determined that the plan of action outlined in the original decision was successful for all parties and that the Fire Marshal had no objection to the reaffirmation of this relief.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby reconfirms its decision outlined in file number 020093 in order to allow the applicant to utilize the above plan of action as an alternative to full compliance with the 2012 fire safety code covering this complex.

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)].
rhode island coat of arms A Rhode Island Government Web site