Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060812
LOCATION OF PREMISES: 1170 Boston Neck Road, Narragansett
APPLICANT: Town of Narragansett 25 Fifth Avenue Narragansett, RI 02882
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2007-02-02
The above-captioned case was scheduled for hearing on October 3, 2006 at 1:00 P.M.  At that time, a subcommittee of the Board reviewed the case and compiled the recommendations outlined below for submission to the full Board.  The subcommittees recommendations were reviewed by the full Board on October 17, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame, and Commissioners Richard, Newbrook, Pearson, Filippi and OConnell were present.  Commissioner Preiss was present, however he recused himself from this vote.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to approve the subcommittees recommendation and to grant the Applicant relief as outlined below.  The motion was unanimous.  The subcommittee recommendation now has the status of a full Board decision.  However, the Applicant may now appeal this decision to the full Board as outlined below.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 11, 2006 inspection report compiled by the Narragansett Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Narragansett Fire Marshals Office during the October 3, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 11, 2006 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.3.2.3 in order to allow the Applicant not to provide the cited twenty-five by fifty foot addition to the existing fire station with sprinklers.  In granting this relief, the Board notes that the addition shall be utilized only for the storage of fire equipment and that it is a relatively limited addition to an existing building.

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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, 272 West Exchange Center (Suite 301), Providence, RI 02903.
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