Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 140145
LOCATION OF PREMISES: 85 Johnnycake Hill Road, Middletown, RI
APPLICANT: Mark E. Seyster 62 Johnnycake Hill Road Middletown, RI 02842
USE OR OCCUPANCY: Industrial
DATE OF DECISION: 2014-12-19
As indicated in the file, a hearing involving the above-captioned property was conducted on December 9, 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, Filippi, Jackson, Richard, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Chief Deputy State Fire Marshal James Gumbley of the State Fire Marshals Office.
APPLICANT: Mark Seyster.
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 Mark Seyster (Quality Manager) of Sea Corp, 62 Johnnycake Hill Road, Middletwon, RI dated November 7, 2014.
3.	The Application was received by the Board and File  140145 opened on November 21, 2014.
4.	A hearing on the Application was conducted on December 9, 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 Sylvester and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140145 and are pertinent to the decision rendered:

1.	Variance Application  140145 dated November 7, 2014 and filed on November 21, 2014.
2.	Letter of Authorization for Mark Seyster from Kevin B. Tarsagian dated November 25, 2014.


EXHIBITS

The following documents were presented at the December 9, 2014 hearing as exhibits:

1.	Certificate of Liability Insurance dated October 3, 2014.

FINDINGS OF FACT

	It is the understanding of the Board that the Applicant utilizes small amounts of regulated explosive material in the course of their manufacturing operations; however there are no blasting operations conducted on the premises related to this process.

CONCLUSIONS AND VARIANCE REQUESTS

	1.  The Board hereby grants the Applicant a variance for relief from the Bond for blasting operations requirements of RIGL section 23-28.28-32.
	In granting the above relief, it is the understanding of the Board that there is no objection by the State Fire Marshals Office.

&8195;
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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