Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 070323
LOCATION OF PREMISES: Simonne Avenue, Woonsocket
APPLICANT: Mr. Ronald Lemieux 91 Warwick Street Woonsocket, RI 02895
USE OR OCCUPANCY: Other
DATE OF DECISION: 2007-11-28
The above-captioned case was scheduled for hearing on July 24, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Jackson, Jasparro and Walker were present.  The fire service was represented by Chief Kenneth A. Finlay and Assistant Deputy State Fire Marshal Thomas Papa of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the July 24, 2007 hearing on this matter, the Board was advised that the Woonsocket Fire Marshal's office had requested an approved fire department access road and turnaround in accordance with NFPA 1 sections 18.2.2.5.2, 18.2.2.5.3 and 18.2.2.5.4 along with NFPA 1141 section 4-2.  The Board was further advised that the Applicant has requested a variance in order to utilize a three-point turn as opposed to a cul-de-sac because the Applicant was unable to secure an easement to develop an appropriately sized cul-de-sac.  The Board was further advised and finds that this street was pre-plotted further limiting the Applicants ability to provide for the above turnaround.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the factors outlined above, the Board hereby grants a variance from the provisions of Chapter 18 of NFPA 1 and Chapter 4 of NFPA 1141 in order to allow the Applicant to provide an approved area for a T turnaround at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Applicant is further directed to provide any additional safeguards such as parking restriction and enforcement as designated by the Woonsocket 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 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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