Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 060722
LOCATION OF PREMISES: 181 Cumberland Street, Wloonsocket
APPLICANT: Ms. Karen Rathbun PO Box 1700 Woonsocket, RI 02895
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2010-07-16
The above-captioned case was scheduled for hearing on May 11, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Walker, Preiss, Jasparro, Dias, Filippi and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  At this time, no vote was taken because the Board was advised by the State Fire Marshal's office that all of the items outlined on the July 2, 2008 inspection report had been corrected by the Applicant with the exception of the fire alarm issues.  With regard to the fire alarm issues, the Board noted that the timetable for the installation of fire alarm components would most likely be subject to the general plan of action to be submitted to the Board by MHRH on May 25, 2010.  The additional fire alarm issues, such as verification of the records for fire drills, could be addressed directly by the State Fire Marshal's office within thirty (30) days.  Accordingly, the Board hereby tables this case at this time.
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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