Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060705A
LOCATION OF PREMISES: 226 St. Louis Avenue, Woonsocket
APPLICANT: Mr. Jose Gaspar 226 St. Louis Avenue Woonsocket, RI 02895
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2008-01-07
The above-captioned case was originally scheduled for hearing on March 6, 2007 and a written decision was issued by the Board on May 9, 2007, outlining a plan of action for this facility.  The Applicant subsequently contacted the Fire Board by letter dated July 31, 2007 requesting an extension for the completion of the sprinkler system within this facility.  The Applicant further advised by this letter that all other deficiencies had been corrected and that plans for the sprinkler system have been submitted and approved by the Woonsocket Fire Marshal's office.  Accordingly, the case was rescheduled for hearing on September 18, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Walker, Pearson, Jasparro, Richard, Blackburn and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 060705 as its initial findings of fact in this case.  In addition, the Board finds that all of the deficiencies outlined in the original decision in this matter have been corrected with the exception of the installation of the sprinkler system.  The Board finds that item 2 of the original decision granted the Applicant a time variance of thirty (30) days from the hearing date in which to present his plans for the installation of a sprinkler system to the authority having jurisdiction (Woonsocket Fire Marshal's office).  The Board thereupon granted the Applicant an additional 120 days to install the sprinkler system.  Finally, the Board granted the Woonsocket Fire Marshal's office the authority to extend the above deadline for good faith efforts shown.
	As a result of the September 18, 2007 hearing, the Board further finds that at the time of the hearing there was no sprinkler contract for this facility.  However, the Board further finds that the Applicants engineer had submitted sprinkler plans and that these plans had been approved on July 26, 2007.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the fact that the Applicant has corrected all of the deficiencies within this facility with the exception of the sprinkler system, the Board hereby grants the Applicant a time variance of thirty (30) days to commence the proposed work on the sprinkler system pursuant to the plans approved on July 26, 2007.  The Board hereby reaffirms the Woonsocket Fire Marshal's ability to extend the original 120 day deadline provided that the Applicant continues to make a good faith effort towards the eventual installation of approved full sprinkler coverage within this facility.

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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