Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
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DECISION
FILE NO.: 070005
LOCATION OF PREMISES: 474 Old Town Road, Block Island
APPLICANT: Ms. Caren Ford-Kempf Mr. John Kempf PO Box 398 Block Island, RI 02807
USE OR OCCUPANCY: Hotels and Motels
DATE OF DECISION: 2009-03-11
The above-captioned case was scheduled for subcommittee hearing on October 15, 2008 at 10:30 A.M. in the New Shoreham Town Hall complex.  At that time, Acting Chairman Newbrook and Commissioners Dias, Blackburn and Walker were present.  Commissioner Filippi was present, but recused herself from consideration of this case and the other cases heard that day.  The fire service was represented by Deputy State Fire Marshal James Moore of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Blackburn to grant the applicant the relief as outlined herein.  The motion was unanimous.
	The subcommittee recommendations made in the above captioned case were thereupon scheduled for review by the State Fire Board on October 21, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Preiss, Jackson, Walker, Pearson, Dias and Richard were present.  Commissioner Filippi recused herself from consideration of these cases.  Upon review of the subcommittee recommendations, a motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to approve the subcommittee recommendations and grant the Applicants relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 3, 2008 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 15, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the October 3, 2008 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.  Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance until May 1, 2009 in order to correct deficiency 5 by providing this facility with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the State Fire Marshal's office.
	6-7.  The Board hereby grants the Applicant a time variance until May 1, 2009 in order to correct deficiencies 6 and 7 at the direction and to the satisfaction of the State Fire Marshal's office.
	8.  The Board hereby grants a variance from the provisions of sections 29.2 and 7.2.1.2.4 in order to allow the Applicant to maintain the existing width of the cited egress door from the third floor guest room.  This variance is based on structural hardship pursuant to the Boards understanding that it involves only a single unit.
	9.  The Board hereby grants a variance from the provisions of section 29.2, 7.2.2 and 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing cited dimensions of the stairways within this facility on the basis of structural hardship.
	10.  The Board hereby grants a variance from the provisions of section 29.2 and 24.2.2.3 in order to allow the Applicant to maintain the existing cited dimensions of the proposed windows for escape on the basis of structural hardship in the absence of an objection by the State Fire Marshal's office.
	11(a).  The Board hereby grants a variance in order to allow the Applicant to protect the cited propane-fired hot water heaters in the basement of this facility with approved domestic sprinkler heads installed at the direction and to the satisfaction of the State Fire Marshal's office on or before May 1, 2009.
	11(b).  The Board hereby directs the Applicant to correct deficiency 11(b) by removing the cited storage of combustibles from this facility at the direction and to the satisfaction of the State Fire Marshal's office.
	12.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing construction of the doors from the guest rooms that open into the egress corridors of this facility.
	13.  The Board hereby directs the Applicant to equip the above doors with approved spring loaded hinges or other self-closing devices installed at the direction and to the satisfaction of the State Fire Marshal's office.
	14-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 14, 15, 16 and 17 at the direction and to the satisfaction of the State 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 above-captioned case was scheduled for subcommittee hearing on October 15, 2008 at 10:30 A.M. in the New Shoreham Town Hall complex.  At that time, Acting Chairman Newbrook and Commissioners Dias, Blackburn and Walker were present.  Commissioner Filippi was present, but recused herself from consideration of this case and the other cases heard that day.  The fire service was represented by Deputy State Fire Marshal James Moore of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Blackburn to grant the applicant the relief as outlined herein.  The motion was unanimous.
	The subcommittee recommendations made in the above captioned case were thereupon scheduled for review by the State Fire Board on October 21, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Preiss, Jackson, Walker, Pearson, Dias and Richard were present.  Commissioner Filippi recused herself from consideration of these cases.  Upon review of the subcommittee recommendations, a motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to approve the subcommittee recommendations and grant the Applicants relief as outlined herein.  The motion was unanimous.
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