Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 080110A
LOCATION OF PREMISES: 839 Broad Street, Providence
APPLICANT: Greater Elmwood Neighborhood Services 36 Parkis Avenue Providence, RI 02907
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2008-09-12
The above-captioned case was originally heard by the Board on May 13, 2008 and a decision was rendered.  The Applicant has returned to the Board requesting approval of a time extension.  The Applicants most recent request was scheduled for hearing on June 24, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by the Providence  Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings in file number 080110 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has been converting the fourth floor of this facility to three (3) residential apartment units.  The Board further finds that the building in the area in question is fully protected by a sprinkler system and that the Applicant has upgraded all of the fire alarm devices to full code compliance.  The Board further finds that the fire alarm panel within this facility does not currently have enough free zones to separately divide the sprinkler system into four (4) zones.  Accordingly, it is the understanding of the Board that the Applicant has requested an additional six (6) months to bring the system into full compliance.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant an additional time variance of six (6) months from the date of this decision in order to bring the fire alarm system into full compliance with the installation of additional zones, at the direction and to the satisfaction of the Providence Fire Marshal's office.

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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