Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060957A
LOCATION OF PREMISES: 40 Safari Road, West Glocester
APPLICANT: Ms. Anna M. Tillinghast PO Box 25 Chepachet, RI 02814
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2009-11-06
The above-captioned case was scheduled for hearing on September 15, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Dias, Walker and Jasparro were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook and Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	This case was previously before the Board and the Boards original decision was issued in file number 060957.  Accordingly, the Board hereby incorporates its original findings of fact as its initial findings of fact in this case.  In addition, the Board finds that the Applicant wishes to conduct a Halloween costume party at the subject facility.  The Board further finds that the Halloween costume party may exceed fifty (50) people and that the Applicant is requesting that it be allowed to maintain an annual Halloween party under the supervision of the State Fire Marshal's office and the West Glocester Fire Marshal's office on Saturday, October 10, 2009.  The Board further finds that the party has been a thirty-year tradition to end the Applicants camping season which runs from May 10 to Columbus Day.
	The Board further finds that the room in question is approximately 1350 square feet in total area and that the Applicant shall remove all furnishings to allow for maximum floor space.  The Board further finds that this room has two (2) exit doors each approximately 36 wide by approximately 80 high.  The Board further finds that there are three (3) overhead garage doors and that the Applicant could lock these doors in the open position during this party.  Finally, the Board notes that any bonfire or any other activity of this nature conducted by the Applicant would be conducted only at the direction and to the satisfaction of the West Glocester Fire Marshal's office.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants request to be allowed to maintain a childrens costume party in Building 2 of this complex on October 10, 2009.  As a condition of this variance to exceed the maximum fifty (50) people, the Board hereby directs the Applicant to maintain the overhead garage doors in the open position and to further provide any additional safeguards deemed necessary by the West Glocester Fire Marshal's office.  Finally, the Board notes that any bonfire or any other similar activity noted by the Applicant as a condition of this variance, shall be pre-approved by the West Glocester Fire Marshal and shall meet all of the requirements imposed upon it by the West Glocester Fire Marshal's office.

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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