Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 070381
LOCATION OF PREMISES: 723-729 Bernon Street, Woonsocket
APPLICANT: Mr. Mark Mayewski 72 Oak Road Wakefield, RI 02879
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2010-06-01
The above-captioned case was scheduled for hearing before a subcommittee of the Board on March 30, 2010 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Richard and Jasparro 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 recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.  
The above recommendations were thereupon presented to the full Board on April 6, 2010 at 1:00 P.M.  Vice Chairman Newbrook and Commissioners Filippi, Richard, Walker, Preiss, Dias, Jasparro and Pearson were present.  A motion to approve the subcommittee recommendations was made by Commissioner Dias and seconded by Commissioner Filippi.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a June 19, 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 March 30, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the June 19, 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.  With the exception of items 5 and 11 as outlined below, the Board hereby grants the Applicant an initial time variance of thirty (30) days from the date of this decision in which to develop and submit plans for the correction of the deficiencies 1 through 15 (except item 5 and 11) and an additional 120 days in order to implement those plans for the correction of deficiencies one through four (1-4), six through ten (6-10) and twelve through fifteen (12-15), at the direction and to the satisfaction of the  Woonsocket Fire Marshal's office.  The Woonsocket Fire Marshal may extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
The Board hereby directs the Applicant to correct deficiency 5 by properly re-securing the fire escape drop ladder to the house within thirty (30) days of the date of this decision at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board further directs the Applicant to correct deficiency 11 within thirty (30) days of the date of this decision by removing or defeating all locking hardware leading to the fire escape system of this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  
16.  The Board hereby grants the Applicant a time variance of thirty (30) days of the date of this decision in order to address the additional requirement of sealing off the open stud bays along the sill within the basement of this facility and to provide this facility with an approved key box, at the direction and to the satisfaction of 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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).
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