Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 140137
LOCATION OF PREMISES: 1213 Putnam Pike, Chepachet, RI
APPLICANT: Cliff Brown 4027 Georgetown Square Schenctady, NY 12303
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2014-12-04
As indicated in the file, a hearing involving the above-captioned property was conducted on November 25, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Jackson, Pearson, Richard and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Paul Desnoyers of the Chepachet Fire Marshals Office.
APPLICANT: Cliff Brown.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Cliff Brown (Church Moderator) of 4027 Georgetown Square, Schenectady, NY dated October 19, 2014.
3.	The Application was received by the Board and File  140137 opened on November 5, 2014.
4.	A hearing on the Application was conducted on November 25, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140137 and are pertinent to the decision rendered:

1.	Variance Application  140137 dated October 19, 2014 and filed on November 5, 2014.
2.	Chepachet Fire Marshals Office Inspection Report dated August 18, 2014.

EXHIBITS

The following documents were presented at the November 25, 2014 hearing as exhibits:

1.	Letter to ADSFM Paul Desnoyers from Cliff Brown dated August 22, 2014.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the August 18, 2014 inspection report compiled by the Chepachet Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Chepachet Fire Marshals Office during the November 25, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the August 18, 2014 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	The building is an existing 2-story assembly (place of worship) occupancy.
3.	The building is of Type IV (2HH) construction and is not provided with sprinkler protection and does not have a compliant fire alarm system, however hardwired interconnected single-station smoke alarms are provided.
4.	There is no objection by the Chepachet Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This deficiency has been corrected.
2.	The Board grants the Applicant a variance from the provisions of RILSC section 13.2.10 by not requiring exit signage in the sanctuary area of this facility.
3.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.3.4.1.1 by not requiring a fire alarm system in this facility.
4.	No deficiency listed on the report.
5.	This deficiency has been corrected.
6.	No deficiency listed on the report.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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).
2.	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).
3.	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).
4.	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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