Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
(401) 889-5551 phone
(401) 889-5279 fax
711 TTY
FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
560 Jefferson Boulevard
Suite 202
Warwick, RI 02886
DECISION
FILE NO.: 080029
LOCATION OF PREMISES: 2220 south County Trail, East Greenwich, RI
APPLICANT: Mr. Mark Shovin, President Pascack Builders Incorporated 2240 South County Trail East Greenwich, RI 02818
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2008-06-12
The above-captioned case was scheduled for hearing on March 4, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Walker, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Blackburn 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 revised plan review report issued by the East Greenwich Fire Marshals Office on February 21, 2008.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the March 4, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the February 21, 2008 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.  The Board hereby grants a variance from the provisions of sections 14.2.3.1, 14.2.3.2 and their referenced standards in order to allow the Applicant to maintain the existing width of the cited corridors in this facility.  In granting this variance, it is the understanding of the Board that the East Greenwich Fire Marshal's office has no objection based on the existing structural hardship and the fact that all of the classrooms have a direct exit to the outside and that the three (3) rooms in the center are fully sprinklered.  It is the further understanding of the Board that there will be no lockers or any other obstructions within the corridor system in order to maintain the current width of the corridors, and finally that this entire area shall be occupied by a single tenant.  
	2-13.  It is the understanding of the Board that the Applicant shall correct deficiencies 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 at the direction, to the satisfaction and within a timetable established by the East Greenwich 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 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)].
rhode island coat of arms A Rhode Island Government Web site