Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060046
LOCATION OF PREMISES: 308 Shore Road, Westerly
APPLICANT: Joseph and Gail Sharry 308 Shore Road Westerly, RI 02891
USE OR OCCUPANCY: Lodging or Rooming Houses
DATE OF DECISION: 2006-05-17
The above-captioned case was scheduled for hearing on February 28, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Preiss, Burlingame, Filippi, OConnell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Frink of the Dunns Corners Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this is an existing bed and breakfast facility that is fully sprinklered with a hard-wired interconnected smoke and carbon monoxide detection system.  The Board further finds that the Applicant has utilized the blanket variance provisions outlined in BV 05-13 in order to maintain the historical nature of this facility.  The Board further finds that this facility does not currently maintain a local fire alarm system.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance until January 1, 2007 in order to provide this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the Dunns Corners Fire Marshal's office.  The Board notes that the Applicant may provide this facility with an approved Class A panel attached by flow switch to the existing sprinkler system of this facility in order to provide full coverage throughout this facility.  In granting this relief, the Board notes that the Applicant shall provide 24-hour supervision of this facility during all periods of time that this facility is occupied by guests.

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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