Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 120093
LOCATION OF PREMISES: 333 School Street
APPLICANT: Mr. John Lynch 320 Newport Avenue East Providence, RI 02916
USE OR OCCUPANCY: Business
DATE OF DECISION: 2013-10-30
The above-captioned case was originally scheduled for hearing on August 21, 2012 and a decision was issued on January 11, 2013 by the Board.  The above captioned case was most recently scheduled for hearing on September 10, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  Commissioner Booth recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 120093 as its initial findings of fact in this case.  In addition, the Board finds that the State Fire Marshals Office has reported that all of the deficiencies have been corrected except for the fire alarm system, because those plans had been rejected.  The Board finds that the Applicant is requesting additional time in order to modify the plans and install the fire alarm system within this facility.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and re-submit fire alarm plans for this facility.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action and provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board notes that the State Fire Marshals Office shall have the authority to extend either or both of the above time lines for good faith efforts being shown 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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