Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060697
LOCATION OF PREMISES: 418 Friendship Street, Providence
APPLICANT: Amos House c/o Maggie Meany 415 Friendship Street Providence, RI 02907
USE OR OCCUPANCY: Lodging or Rooming Houses
DATE OF DECISION: 2006-12-15
The above-captioned case was scheduled for hearing on August 22, 2006 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Newbrook, Preiss and Pearson reviewed this case as a subcommittee.  Commissioners  Blackburn and Burlingame recused themselves from consideration of this case.  The subcommittee recommendations were thereupon approved by the full Board pursuant to a motion by Commissioner Newbrook and seconded by Commissioner Pearson on August 29, 2006.  At that time, Commissioners Blackburn and Burlingame also recused themselves from consideration of this case.  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 Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that 418 Friendship Street is an existing multiple occupancy building owned and operated by Amos House.  The Board further finds that the occupancies include a lodging and rooming house on the second and third floors, a business occupancy on the first floor and a storage occupancy in the basement that is accessory to the rooming house.  The Board further finds that the building is four stories, three of which are above grade.  The Board further finds that there are a total of five (5) bedrooms in the facility.  The Board further finds that four (4) bedrooms are on the third floor, one (1) is on the second floor and that the first floor is comprised of five (5) offices and one (1) classroom.  
	The Board further finds that the basement also contains a computer room for the tenants and staff, and miscellaneous storage.  The Board further finds that there is a furnace and two (2) water heaters in the basement.  The Board further finds that there is one (1) kitchen in the building, located on the second floor, which contains electric cooking appliances.  The Board further finds that there are two (2) enclosed stairways that service the first, second and third floors, one of which services the basement.  The Board further finds that this facility is to be provided with an approved local fire alarm system and new automatic sprinkler system, installed in accordance with NFPA 13R, 2000 edition.  
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 7.2.2.2.1(b) and section 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing winding nature and the existing dimensions of the cited stairs within this facility.
	2.  The Board hereby grants a variance from the provisions of sections 7.2.2.3.6.1 and 7.2.2.3.6.2 in order to allow the Applicant to maintain the dimensional variation of the riser on the top step to the remainder of the steps.
	3.  The Board hereby grants a variance from the provisions of sections 8.3.3.1 in order to allow the Applicant to install new 1  inch solid core wood doors in the existing door jambs of this facility at the direction and to the satisfaction of the Providence Fire Marshal's office in order to establish an approximate fire rating of twenty (20) minutes.
	4.  The Board hereby grants a time variance until December 31, 2007, in order to allow the Applicant to provide this facility with the fire protections systems and bring the remainder of the building into compliance.  As a condition of this time variance, the Board directs the Applicant to provide this facility with approved smoke and carbon monoxide detection, installed at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board notes that the facility currently maintains an existing hard-wired system of smoke detectors without battery backup.

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].
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