Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 070382
LOCATION OF PREMISES: 277-285 Main Street, Woonsocket
APPLICANT: Mr. Matthew Smith Thomas James Properties, LLC 780 Reservoir Avenue, Suite 126 Cranston, RI 02910
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2007-09-21
The above-captioned case was scheduled for hearing on July 31, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Preiss, Blackburn, Richard, Filippi, Pearson, Jasparro and Jackson 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 Blackburn 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 February 6, 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 July 31, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the February 6, 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the July 31, 2007 hearing on this matter, the Board was advised that this facility currently has a fire alarm system.  However, the Board was further advised that the system may be in need of an upgrade.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to submit a plan to the Woonsocket Fire Marshal's office for the upgrading of the fire alarm system.  The Board further grants an additional time variance of 120 days after the expiration of the above thirty (30) days in which the Applicant is directed to upgrade the fire alarm system, as deemed necessary by the Woonsocket Fire Marshal's office.
	2-15.  It is the understanding of the Board that the Applicant has either addressed the remaining apartment deficiencies or they are not applicable to this facility.

BUSINESS LEVEL
	1-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, and 5.
	6.  The Board hereby grants the Applicant a time variance, as outlined in item 1 of the apartment section above, to make any upgrades or modifications to the fire alarm system in the business portion of this facility within the same time frames.
	7.  During the July 31, 2007 hearing on this matter, the Board was advised that there is a glass door and window assembly servicing the first floor business offices of this facility.  The Board hereby grants a variance from the provisions of section 39.2.2.7 and its referenced standards in order to allow the corridor containing the glass door and window assemblies to be considered an exit access corridor and therefore be allowed to maintain the existing construction of the glass door and window assemblies.  

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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