Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 070310A
LOCATION OF PREMISES: 530 Wellington Avenue, Cranston
APPLICANT: Mr. Joseph Watson c/o Hughes Associates 2374 post Road, Suite 102 Warwick, RI 02886-2207
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2008-11-14
The above-captioned case was originally scheduled for hearing on April 22, 2008 and decision in the matter was issued in file number 070310 on July 11, 2008.  The Applicant has returned requesting and additional period of time to submit a comprehensive plan of action to the Cranston Fire Marshal's office.  The grounds for the submission are outlined in a July 21, 2008 letter from the Applicants engineers.  The Applicants request for extension was scheduled for hearing on July 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Dias and Walker were present.  Commissioner Blackburn recused himself from considering this matter and left the hearing.  The fire service was represented by Assistant Deputy State Fire Marshal Glenn Bathgate and Deputy Chief Vincent Matromello of the Cranston Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 070310 as its initial findings of fact in this case.  In addition, the Board incorporates the Applicants July 21, 2008 request for time extension letter as its follow up findings of fact.  Finally, the Board finds that the Applicant has proceeded in good faith in working with the Cranston Fire Marshal's office in developing an overall plan of action for a large and complicated complex.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby modifies its original decision in file number 070310 in order to allow the Applicant to submit its comprehensive plan of action covering all of the remaining fire safety issues within this complex, to the Cranston Fire Marshal's office on or before September 2, 2008.  

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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