Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050044A
LOCATION OF PREMISES: 28 Fish Road, Tiverton, RI
APPLICANT: Mr. Ernest J. Benoit, Sr. PO Box 9488 Fall River, MA 02720
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2007-01-26
The above-captioned case was originally scheduled for hearing on May 23, 2006 and an initial decision on this matter was issued on September 20, 2006.  The Applicant is now returning for clarification of item 1.  The remaining portions of item 1 and the remaining items of this decision shall stay in full effect.
The above captioned case was most recently scheduled for hearing on September 26, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Chief Robert Lloyd and Assistant Deputy State Fire Marshal Thomas Mello of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 050044 as its findings of fact in this case.  The Board notes that the Applicant has returned to seek approval on a potentially modified system.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant and the fire department to conduct a flow test on the existing piping within this facility and to determine if an engineer can design a system based upon the existing piping.  In the event this is possible, the Board shall allow the Applicant to utilize the existing pipe in this part of the modified sprinkler system for this facility.  Finally, the Board notes that the remaining timetables of item 1 along with items 2 through 18 shall remain in effect.

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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