Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 070004
LOCATION OF PREMISES: 16 Borinquen Street, Providence
APPLICANT: Providence Community Action 518 Hartford Avenue Providence, RI 02909
USE OR OCCUPANCY: Business
DATE OF DECISION: 2011-11-14
The above-captioned case was scheduled for hearing before a subcommittee of the Board on July 15, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Walker, Dias and Jackson were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  The Subcommittee was advised that Providence Community Action no longer maintained a program licensed by the RI Department of MHRH at that location, and that the State Fire Marshal's Office would turn over the inspection of this facility to the Providence Fire Marshal's Office.  Accordingly, a motion was made by Commissioner Walker and seconded by Commissioner Jackson to recommend to the full Board that this file be closed.  The motion was unanimous.
The above recommendations were thereupon presented to the full Board on July 20, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jasparro, Preiss, Blackburn, Jackson and Dias were present.  A motion to approve the subcommittee recommendations was made by Commissioner Jackson and seconded by Vice Chairman Newbrook.  The motion was unanimous.  Accordingly, the subcommittee recommendation has the status of a full Board decision.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).
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