Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 060929
LOCATION OF PREMISES: 368 East School Street, Woonsocket, RI
APPLICANT: Ms. Jennifer Carter 27 Colonial Way Plainville, MA 02752-2217
USE OR OCCUPANCY: Apartment
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 Jackson and seconded by Commissioner Dias to recommend to the full Board that it grant the Applicant relief as outlined herein.  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 grant the relief herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a Woonsocket Fire Marshals report covering this facility.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the May 21, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the Woonsocket Fire Marshal's 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-4.  The Board hereby grants the Applicant a period of thirty (30) days from the date of this decision in which to submit plans for the installation of an approved local fire alarm system along with the installation of approved carbon monoxide detectors, emergency lights and exit signs throughout this facility.  The Board hereby directs that the Applicant thereupon install the above fire alarm system, carbon monoxide detectors, emergency lights and exit signs, at the direction, to the satisfaction and within a time frame established by the Woonsocket Fire Marshal's office.
	5.  It is the understanding of the Board that item 5 was found not to be deficient by the Woonsocket Fire Marshal.
	6.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 6 by repairing the cited walls.
	7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 7 by rendering all of the cited coverings Class A flame resistant at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	8-9.  It is the understanding of the Board that items 8 and 9 were determined not to be deficient by the Woonsocket Fire Marshal's office.
	10.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 10 by providing this facility with approved solid core or steel doors having an approximate fire rating of twenty minutes and being further equipped with spring loaded hinges.
	11-12.  It is the understanding of the Board that items 11 and 12 were determined not to be deficient by the Woonsocket Fire Marshal.
	13.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 13 by providing an approved domestically supplied sprinkler head over the cited furnace of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal.
	14.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to provide this facility with approved portable fire extinguishers installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.
	15.  It is the understanding of the Board that item 15 was not considered to be deficiency by the Woonsocket Fire Marshal.

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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