Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060712
LOCATION OF PREMISES: 534 Elm Street, Woonsocket
APPLICANT: Chalupa Realty, LLC c/o Mr. Louis Parente PO Box 40401 Providence, RI 02940
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2009-09-08
The above-captioned case was scheduled for hearing before a subcommittee of the Board on May 21, 2009 at 9:30 A.M.  At that time, Chairman Coutu and Commissioners Jackson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jackson to recommend to close this file in light of the Woonsocket Fire Marshal's determination that he believed the building to be in compliance.  The motion was unanimous.  
The above recommendation was thereupon presented to the full Board on June 2, 2009.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Walker, Jasparro, Dias and Filippi were present.  A motion was made by Commissioner Jasparro and seconded by Vice Chairman Newbrook and Commissioner Walker to adopt the subcommittees recommendation and to close this file.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the original deficiencies within this facility are outlined in a June 5, 2006 inspection report compiled by the Woonsocket Fire Marshal's office.  The Board further finds that the Woonsocket Fire Marshal's office has determined that this facility is most likely in compliance.  Accordingly, it was determined by a subcommittee of the Board to close this file and to so notify the Applicant.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the Woonsocket Fire Marshal's determination that this facility is most likely in compliance, the Board hereby closes this file and directs that the owner shall be notified of such action.

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 subcommittee recommendations within thirty (30) days of the mailing date of this decision by filing an appeal to the entire Fire Board for review, pursuant to R.I.G.L. 23-28.3-5(b)(4).  In the absence of a timely appeal, the subcommittee recommendations shall have the status of a full Board decision.
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