Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 070345
LOCATION OF PREMISES: 335 South Main Street, Woonsocket
APPLICANT: Mr. John D'Antuono 4 Rogler Farm Road Smithfield, RI 02917
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2011-06-09
The above-captioned case was scheduled for hearing on May 4, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias, Filippi, Walker, Jasparro, Preiss, Blackburn and Richard 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 Jasparro and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 9, 2007 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the May 4, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the March 9, 2007 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.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.
CONCLUSIONS AND VARIANCE REQUESTS 
	1-15.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to present the Woonsocket Fire Marshal's office with plans for the corrections of the remaining deficiencies outlined in items 1 through 15.  The Board grants the Applicant an additional 120 days in which to implement the above plans to bring this facility into full compliance with the fire code.  The Board hereby authorizes the Woonsocket Fire Marshal's office to extend either or both of the above time lines for good faith efforts being shown by the Applicant.
	The Board notes that during the May 4, 2010 hearing on this matter, it was advised that the fire alarm system in this facility is in place and operational and that plans have been submitted to upgrade the fire alarm and include smoke and CO detection within the above timelines.  The Board was further advised that this facility has been provided with emergency lighting and exit signage and that holes, cracks and penetrations within the egress system have been addressed by the Applicant.  In light of the Applicant's agreement to provide this facility with a limited coverage modified sprinkler system outlined below, the Board hereby grants the Applicant a variance on the Class A flame spread requirements outlined in item 7.  The Board notes that the Applicant shall upgrade the egress system doors by providing doors with approximate twenty-minute ratings and equipped with self-closers, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office within the above timeline.  
The Board further notes that the Applicant shall provide this facility with approved portable fire extinguishers within the above time line.  Finally, the Board notes that the Applicant shall upgrade the domestic sprinkler coverage in this facility by providing additional heads at the direction and to the satisfaction of the Woonsocket Fire Marshal within the above timelines.

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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