Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060638
LOCATION OF PREMISES: 7-14 North Main Street, Providence
APPLICANT: Mr. Ed Wojcik, Architect One Richmond Square Providence, RI 02906
USE OR OCCUPANCY: Other
DATE OF DECISION: 2006-07-28
The above-captioned case was scheduled for hearing on June 27, 2006 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Burlingame, Pearson, Filippi and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the June 27, 2006 hearing on this matter, the Board was advised and finds that this is a two-story masonry structure addition to an existing facility located at 7-14 North Main Street.  The Board was further advised and finds that the new addition will not have any access from the existing building.  The Board was further advised and finds that the addition has one means of egress from each level directly to grade.  The Board was further advised and finds that the buildings shall be utilized for two independent manufactured spray booths.  The Board was further advised and finds that the addition shall be fully sprinklered from the existing buildings system and that the sprinkler coverage shall be separately zoned.  The Board was further advised and finds that the spray booths shall be exhausted in accordance with NFPA 33 requirements and that each spray booth has an occupiable area of approximately 275 square feet. 
The Board was further advised and finds that the spray booths are protected by quick-response sprinkler heads and that the Applicant has provided a pair of 36 leaf doors as an exit from each spray booth.  The Board was further advised and finds that approximately half of the spray booth area is covered with equipment thereby substantially reducing the floor space available for the occupants of this facility.  Finally, it is the understanding of the Board that the Applicant is requesting a variance from the means of egress provisions in order not to maintain two (2) means of egress from this facility.  
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 7.11.4 in order to allow the Applicant to maintain a single means of egress consisting of a two-leaf exit door approximately six feet in width from each of the spray booths located within this facility.  In granting this variance, the Board notes that these facilities shall be fully sprinklered with quick-response heads and that the configuration of the building itself does not allow for a separate, remote means of egress.

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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