Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 090044B
LOCATION OF PREMISES: 50 Jenckes Hill Road, Lincoln, RI
APPLICANT: Director Victoria Gailliard-Garrick William M. Davies Career and Technical School 50 Jenckes Hill Road Lincoln, RI 02865
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2013-10-23
The above-captioned facility was granted a time variance and other relief by the Board on August 21, 2012.  By letter dated July 9, 2013, the Applicant requested additional time in order to address an asbestos issue which had arisen during the renovations of this facility.  The Applicants latest request was originally scheduled for hearing on August 6, 2013 at 1:00 P.M.  However, this request was heard by a Subcommittee of the Board consisting of Chairman Newbrook and Commissioners Richard, Burlingame and Booth.  The matter had to be heard in subcommittee at that time because Commissioner Sylvester recused himself from consideration of this case.  The Subcommittee recommendations were thereupon reviewed by the Board on August 27, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Burlingame, Blackburn, Jackson, Thornton, Pearson, Walker and Booth were present.  A motion was made by Commissioner Walker and seconded by Commissioner Pearson to approve the Subcommittees recommendation to allow an additional year with no further extensions by the Board.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its decision in file number 090044A as its original findings of fact in this case.  In addition, the Board finds that the Applicant encountered an asbestos issue as outlined in the July 9, 2013 correspondence from the Applicant to the Board.  Finally, it is the understanding of the Board that the Applicant shall correct all of the remaining deficiencies within the new timeline. 

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby incorporates its decision in file number 090044A and specifically extends the timetables within that decision to the commencement of the 2014/2015 academic year in September of 2014.  The Board notes that there shall be no further Board extensions allowed to the Applicant.  Accordingly, any additional extensions would have to be specifically approved by the State Fire Marshals Office and not appealed to the Board.

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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