Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050018A
LOCATION OF PREMISES: 95-117 Main Street, Woonsocket, RI
APPLICANT: Mr. Norman R. Beaudoin 7 West Wrentham Road Cumberland, RI 02864
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2007-01-26
The above-captioned case was originally scheduled for hearing on February 7, 2006 at 1:00 P.M and a Decision, outlining a plan of action, was issued on April 20, 2006.  By letter dated October 10, 2006, the Applicant requested an extension of time from the deadlines of the original Decision. 
	The Applicants requested extension was thereupon scheduled for hearing on November 28, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Richard to grant the Applicants requested time extension for the installation of the fire alarm and sprinkler system.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 050018 as its initial findings of fact in this case.  In light of the Applicants October 10, 2006 letter, the Board further finds that the Applicant has requested a time extension for the installation of a his fire alarm and sprinkler system due to his engineer and contractors work being backed up with other installations in the state.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby extends the original timelines of its Decision in File No. 050018 as follows:
	The Board hereby grants the Applicant a time extension in order to allow the Applicant to provide the Woonsocket Fire Marshals Office with complete and comprehensive Sprinkler and Fire Alarm plans within thirty (30) days of the November 28, 2006 hearing date or by December 28, 2006.
	The Board hereby directs the Woonsocket Fire Marshal to review the above submitted plans and to work with the Applicant and advise him of any additional requirements.  The Board further requests that the Woonsocket Fire Marshal make every attempt to approve the submitted plans within thirty (30) days of his receipt of the plans submitted by the Applicant.
	The Board hereby grants the Applicant an additional time extension and directs the Applicant to complete the installation of the Sprinkler and Fire Alarm systems within his facility within sixty (60) days of the date that the Woonsocket Fire Marshals Office approves his above plans. 
	Conditioned upon the Applicants full compliance with the above time table and installation of both the Sprinkler and Fire Alarm Systems, as outlined above, the Board hereby grants a variance waiving the accumulated statutory fines incurred by the Applicant pursuant to RIGL 23-28.3-9.  Further, conditioned upon the installation of the Sprinkler and Fire Alarm Systems, the Board hereby grants a variance in order to allow the Applicant to maintain the existing  inch wainscoting, with an approved Class A finish, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Finally, the Board notes that, in all other respects, its original Decision in File No. 050018 is still binding upon the parties. 

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision (050018A) 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 including its original Decision in File No. 050018.  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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