Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 070215
LOCATION OF PREMISES: 840 Cumberland Hill Road, Woonsocket
APPLICANT: SRW Realty Corporation PO Box 3107 South Attleboro, MA 02703
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2010-07-21
The above-captioned case was scheduled for hearing on June 8, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Richard, Pearson, Preiss, Filippi, Dias and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the June 8, 2010 hearing on this matter, the Board had before it a comprehensive inspection report dated March 12, 2007 and compiled by the Woonsocket Fire Marshals Office.  The Board also had before it a June 8, 2010 action plan prepared by the Applicant to bring this facility into full compliance with the code.  Accordingly, the Board hereby incorporates the March 12, 2007 inspection report and the June 8, 2010 action plan as its initial findings of fact for this facility.  In addition, the Board finds that the Woonsocket Fire Marshal's office has advised it that this facility is fully sprinklered.  The Board notes that the Woonsocket Fire Marshal's office did not object to the proposed June 8, 2010 plan of action for this facility.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a time variance of thirty (30) days to submit plans to the Woonsocket Fire Marshal's office in accordance with the June 8, 2010 plan of action and an additional 120 days in which to bring this facility into compliance with the code pursuant to the June 8, 2010 plan of action.  The Board further grants the Woonsocket Fire Marshal's office the ability to extend the above timeline by thirty (30) days in order to provide the Applicant with the requested 180 days in which to bring the facility into compliance.
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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