Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
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DECISION
FILE NO.: 060204
LOCATION OF PREMISES: 648 Putnam Pike (2496 sq. ft. Salt Storage Shed), Glocester
APPLICANT: Mr. Joseph Baker RI Dept. of Transportation Highway and Bridge Maintenance 360 Lincoln Avenue Warwick, RI 02888-3030
USE OR OCCUPANCY: Storage Buildings
DATE OF DECISION: 2009-03-27
The above-captioned case was scheduled for hearing on October 28, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Jackson, Pearson, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Bruce Quinn of the State Fire Marshals Office.  Upon review of the file in this case, it was determined that no relief would be necessary in light of the fact that the building fell below the current 2,500 square foot threshold mandating fire alarm systems for storage occupancies.  Accordingly, the Board finds that the deficiency cited in the January 6, 2006 inspection report covering this smaller salt storage shed is moot.

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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