Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 130053A
LOCATION OF PREMISES: 295 Harris Avenue, Providence
APPLICANT: President Joan Joseph 295 Harris Avenue Providence, RI 02909
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2014-01-10
The above-captioned case was originally scheduled for hearing on May 21, 2013 and the Board provided the Applicant with a time variance in order to bring this facility into compliance.  The Board notes that that decision was mailed on June 25, 2013.  By letter dated November 18, 2013, the Applicant advised the Board that the Providence Fire Marshals Office had directed her to ask the Board for additional time to comply with the terms of the original decision.  The Applicants current request was reviewed by the Board on December 10, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Joseph Michalczyk and Richard Vespia of the Providence 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 Board hereby incorporates its original decision in file number 130053 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has encountered several difficulties in bringing this facility into compliance.  However, the Board further finds that the Applicant has assembled a team of experts and is currently confident that she shall bring this facility into compliance within an additional time.  The Board further finds that the Providence Fire Marshals Office, specifically Assistant Deputy State Fire Marshal Michalczyk, has requested that the Board allow an engineer to review and approve the Applicants planned egress, fire alarm and sprinkler coverage systems.  Finally, the Board finds that the Applicant is not requesting additional relief, only time.
CONCLUSIONS AND VARIANCE REQUESTS
	1.  Pursuant to the request of the Providence Fire Marshals Office, the Board directs the Applicant to have this project reviewed by design professionals from all disciplines and to further have the project reviewed by a design professional who will provide an affidavit showing the facility to be in compliance with the code.  The above design professionals shall be pre-approved by the Providence Fire Marshals Office.
	2.  The Board hereby grants the Applicant an additional 150 days in order to complete this project, as outlined more fully in file number 130053, at the direction and to the satisfaction of the Providence Fire Marshals 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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