Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 130150
LOCATION OF PREMISES: 990 Mendon Road Leo Savoie School
APPLICANT: Woonsocket Education Department 108 High Street Woonsocket, RI 02895
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2013-12-03
The above-captioned cases were scheduled for hearing on October 22, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Walker, Thornton, Sylvester and Burlingame were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	During the October 22, 2013 hearing on this matter, the Board was advised by the Director of Facilities that the School Department was seeking additional time in which to correct the issue of separation of the main office area from the lobby/egress way.  The Board finds that it had previously granted a variance covering these schools on August 22, 2007 which directed the Applicant to correct this deficiency in the above schools by June 30, 2009.  The Board further finds that the Applicant has made other significant corrections in these schools, but that the Applicants funding sources have now been compromised.  After a significant discussion among the Board members, it was determined that a final time extension would be granted to the Applicant in light of the special circumstances and financial constraints he is facing.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a final time variance for the separation of the main office areas from the lobby/egress ways of the above captioned facilities as follows.  In the event the Applicant plans to separate the Office areas by means of approved sheet rock assemblies, the Applicant shall complete this work on or before the commencement of the 2014-2015 academic year in September of 2014.  In the event the Applicant wishes to correct this deficiency by providing domestically supplied sprinkler coverage in these areas at the direction and to the satisfaction of the Woonsocket Fire Marshals Office, the Applicant shall be required to do so on or before the commencement of the 2015-2016 academic year in September of 2015.  The Board notes that in granting this final time extension, that there shall be no further extensions granted by the Board and that the State and Woonsocket Fire Marshals offices would thereupon be compelled to institute enforcement proceedings against the School Department.

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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