Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
(401) 889-5551 phone
(401) 889-5279 fax
711 TTY
FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
560 Jefferson Boulevard
Suite 202
Warwick, RI 02886
DECISION
FILE NO.: 050042
LOCATION OF PREMISES: 99 Peirce Street, East Greenwich, RI
APPLICANT: St. Luke's Church 99 Peirce Street East Greenwich, RI 02818
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2006-05-26
The above-captioned case was scheduled for hearing on March 14, 2006 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 29, 2004 inspection report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the March 14, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the November 29, 2004 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the March 14, 2006 hearing on this matter, the Board was advised and finds that the upstairs and downstairs levels of this facility are never occupied at the same time.  The Board was further advised and finds that the Applicant has requested relief from sprinklering of the parish building based on a floor and table plan to be submitted to the East Greenwich Fire Marshal's office.  Accordingly, the Board hereby grants a variance from the provisions of section 13.3.5.1.1 in order to allow the Applicant relief from sprinklering the parish building based on a revised calculated floor plan at fifteen (15) square feet per person submitted to the East Greenwich Fire Marshal's office.  
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by removing the cited storage and combustibles from the hall stairways and classrooms.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by repairing the cited holes in the furnace room.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by bringing the exits and signage into compliance with the East Greenwich Fire Marshal's office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by removing the cited exit signage.
	6.  The Board hereby grants a variance in order to allow the downstairs chapel to maintain the current egress based upon a floor plan of fifteen (15) square feet per person approved by the East Greenwich Fire Marshal's office which would reduce the overall occupancy of this area to below fifty (50) people.

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)].
rhode island coat of arms A Rhode Island Government Web site