Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050013C
LOCATION OF PREMISES: 401 Elmgrove Avenue, Providence, RI
APPLICANT: Jewish Community Center 401 Elmgrove Avenue Providence, RI 02906
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2008-07-17
The above-captioned case was scheduled for hearing on April 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Preiss, Jasparro, Jackson, Walker, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier and Richard Silva of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this case has previously been before it and that its decision in file number 050013A outlined a plan of action and was mailed to the parties on May 26, 2006.  
	The Board further finds that the original decision involved a project to renovate a significant portion of the ground floor of the Jewish Community Center Building located at the above address.  The Board further finds that the decision incorporated a conditional variance as a first step to a comprehensive integrated plan of fire safety for the entire building.  The Board further finds that the variance was granted pending the Applicant submitting a timetable for compliance with the required systems for the facility.  
	The Board finds that a representative of the Applicant and the Applicants architect met with Assistant Deputy State Fire Marshal Richard Silva regarding this matter.  The Board further finds that Lt. Silva reviewed the plans and the hydraulic calculations that the Applicant had prepared for the installation of automatic sprinkler suppression and an addressable fire alarm system for the entire building.
	The Board further finds that the plans for the required renovations have not yet been completed.  Further, the Board finds that the plans for the Phase II renovation sequence of this facility have been revised and submitted to it for approval.  Finally, the Board finds that the Providence Fire Marshal's office has no objection to the requested revised schedule.  Accordingly, the revised timetable proposal for the Phase II renovation sequence is amended as outlined below.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby revises the Phase II renovation sequence as outlined in the original decision covering this facility as follows.  
	Complete feasibility study to be completed by: 			November 2008.
	Schematic design to be completed by: 				January 2009.
	Design development of proposed project to be completed by:	March 2009.
	Planning and zoning approvals (if required) to be secured by:	May 2009.
	Construction documents to be completed and submitted by:		May 2009.
	Bid procurement, permit to be secured by:				June 2009.
	Construction commencement by:					June 2009.
	Project completion by:						May 2010.

	In extending the above deadlines, the Board notes that the Providence Fire Marshal's office has no objection in light of the substantial safeguards being provided in this facility by the Applicant as a result of this renovation.

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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