Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 070295
LOCATION OF PREMISES: 60 Rathbun Street, Woonsocket
APPLICANT: Mr. Ken Yang 60 Rathbun Street Woonsocket, RI 02895
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2010-08-13
The above-captioned case was scheduled for hearing on July 13, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Preiss, Richard, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.  After an initial overview of the matter, it was determined that the Applicant should develop a plan of action approved by the Woonsocket Fire Marshal's office and that the parties should return to the Board to present the plan of action on Tuesday, August 31, 2010.  Accordingly, this case is postponed for re-hearing on Tuesday, August 31, 2010.
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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