Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060959
LOCATION OF PREMISES: 163 Bernice Avenue, Woonsocket, RI
APPLICANT: Mr. Richard Gudz 107 Oakley Road Woonsocket, RI 02895
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 an October 10, 2006 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Subcommittee, the Applicant and the Woonsocket Fire Marshals Office during the May 21, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the October 10, 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, 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 
	1-15.  The Board hereby grants the Applicant a time variance to correct any remaining deficiencies as outlined in items 1 through 15 of the October 10, 2006 inspection report.  
	Additional requirements
	1.  The Board hereby grants a variance from the provisions of section 7.1.3.2.1 in order to allow the Applicant to maintain the cited window within the egress system without separation.  In granting this relief, the Board notes that the first story window is located within an enclosed porch and that the egress passes through the enclosed porch.  Accordingly, the Woonsocket Fire Marshal has no objection to this arrangement.
	2-3.  The Board hereby grants the Applicant a time variance to correct deficiencies 2 and 3 as outlined in the additional requirement section of this report.
	4.  Finally, the Board notes that the Woonsocket Fire Marshal's office shall be granted the authority to extend any of the above time lines for good faith efforts being shown by the Applicant.

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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