Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 070528
LOCATION OF PREMISES: 171 Meeting Street, Providence
APPLICANT: Mr. John Schoenrock, PE Hughes Associates, Inc. 5 Mount Royal Avenue, 3rd floor Marlborough, MA 01752
USE OR OCCUPANCY: Business
DATE OF DECISION: 2008-04-02
The above-captioned case was scheduled for hearing on January 8, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Walker, Jasparro, Preiss, Pearson and Jackson were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz Sr. of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner  Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the January 8, 2008 hearing on this matter, the Board had before it a November 5, 2007 letter from the Applicants engineer outlining the background of the project, the requested relief and the rationale for the requested relief.  The above November 5, 2007 letter was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 8, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the November 5, 2007 engineering letter as its initial findings of fact.  
	Specifically, the Board finds that the Bio-Medical Center is an existing six-story building on the Brown University campus.  The Board further finds that the building is classified as a Use Group B (Business Occupancy) and utilized as a laboratory building.  The Board further finds that the existing Bio-Med Center does not contain an automatic sprinkler system throughout, nor does it contain a standpipe system throughout.  The Board finds that the building is partially sprinklered in certain hazardous rooms.  The Board finds that there is currently a large project that is at the permitting stage involving the renovation of the third floor throughout the Bio Med building area.  The Board further finds that the third floor of the Bio Med building will be sprinklered throughout as part of the renovation project.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the January 8, 2008 hearing, the Applicant advised the Board that it sought to provide this facility with approved standpipes as part of the renovation project within eighteen (18) months of the date of this hearing.  The Applicant requested relief in order to be allowed to occupy this facility during the above eighteen-month period of installation of the standpipes.  In light of the above, the Board hereby authorizes the Providence Fire Marshal's office to extend the temporary occupancy of this facility during the eighteen month period in which the facility is being renovated to include approved standpipes.

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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