Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 080063
LOCATION OF PREMISES: 55 Locus Street, Providence, RI
APPLICANT: Ocean State Montessori c/o Ms. Erica Douglass PO Box 14423 East Providence, RI 02914
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2008-06-12
The above-captioned case was scheduled for hearing on March 11, 2008 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners OConnell, Filippi, Walker, Jasparro, Jackson and Preiss were present.  Vice Chairman Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the March 11, 2008 hearing on this matter, the Board had before it the Board had before it a variance proposal from the Applicant dated March 11, 2008.  The above proposal was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the March 11, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the Ocean State Montessori School variance proposal dated March 11, 2008 as its initial findings of fact in this case.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.  
	Finally, the Board finds that the intrinsic nature of this school is to mix students of various ages resulting in multi-age classrooms.  The Board finds that the Applicant is requesting to be allowed to maintain multi-age students in the classrooms and to egress the entire classroom as a unit.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby adopts the Ocean State Montessori Schools variance proposal dated March 11, 2008 allowing the multi-age classroom students to egress in accordance with this plan.

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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