Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 010142-A
LOCATION OF PREMISES: 52 Charles Street
APPLICANT: Ms. Anna Rosa 52 Charles Street Woonsocket, RI 02895
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2003-01-23
	The above captioned case was originally scheduled for hearing on November 20, 2001.  At that time, a Decision was rendered by the Board on January 9, 2002.  The above Decision outlined a plan of action for this facility.  The Applicant has repetitioned the Board requesting additional time to fully comply with the original Decision.  The Applicant’s latest request was scheduled for hearing on May 7, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, O’Connell, Burlingame, Newbrook, and Coutu were present. The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barrosso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The Board hereby adopts its original findings of fact as outlined in File No.:  010142 referenced above.  In addition, the Board finds that the Applicant submitted a request for a ninety- (90) day extension on March 29, 2002.  The Board finds that this extension would provide the Applicant with additional time to on or before June 29, 2002.  The Board finds that by the time this case was heard, l/3 of the original time request had elapsed.  The Board further finds that the Applicant still needs to provide this facility with one (l) more solid core door and an approved fire alarm system.  
	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 is defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants the Applicant an additional time variance of sixty (60) days from the date of this May 7, 2002 hearing in which to complete the mandates of the Decision including the installation of a full fire alarm system.  As a condition of this variance, the Board directs the Applicant to provide the Woonsocket Fire Marshal’s Office with a copy of an approved contract for a fire alarm system within fifteen (l5) days from the May 7, 2002 hearing.  The Board hereby directs that there shall be no further time extensions within this case.

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 Applicant’s 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.

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.  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.  Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	The Applicant may appeal the Board’s 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.  [RIGL 42-35-l5(c)]
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