Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 050111D
LOCATION OF PREMISES: Rhode Island State House
APPLICANT: Associate Director Marco Schiappa Department of Administration One Capitol Hill Providence, RI 02908
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2007-08-14
The above-captioned case was most recently scheduled for hearing on March 27, 2007 at 1:00 P.M.  At that time a subcommittee of the Board consisting of Acting Chairman Newbrook and Commissioners Pearson, Filippi and OConnell were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Chief Deputy Michael DiMascolo of the State Fire Marshals Office along with Lt. Richard Vespia of the Providence Fire Marshal's Office.  The subcommittee recommendations were reviewed and approved by the Board on April 3, 2007 pursuant to a motion made by Commissioner Preiss and seconded by Commissioner Filippi.  Accordingly, the subcommittee recommendations now have the status of a full Board decision.
FINDINGS OF FACT
	The Board hereby incorporates its original decisions in file numbers 050111, 050111A, 050111B and 050111C as its initial findings of fact in the current case.  In addition, the Board finds that the Applicant has submitted a comprehensive plan of action along with a properly engineered summary of the fire modeling for the Rhode Island State House as part of its case.  In addition, the Applicant has submitted a December 20, 2006 letter from the principle historical architect of the Rhode Island Historical Preservation and Heritage Commission outlining the Commissions response to the proposed State House door renovations.  Finally, the Board finds that this facility now has a fully compliant fire alarm system and that the Applicant is planning to correct the remaining items in accordance with its plan. 

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the March 27, 2007 subcommittee review of this facility, the Board was advised that the facility is now fully compliant with the fire alarm system and that the Applicant plans to correct the remaining deficiencies in accordance with the plan of action for this facility which was provided by Hughes Associates and agreed to by the parties.  The Board hereby approves the Hughes Associates plan of action for this facility along with the fire modeling contained within.  As part of this plan, the Board hereby approves a time variance of twenty-four (24) months from the date of this decision in which to provide sprinklers in the basement level of this facility and a further time variance, to be determined by the State Fire Marshal, for the sprinklering of the remaining offices which have yet to be sprinklered, within this facility.  The Board further directs that the Applicant shall provide approved closers on the main Senate door, the main House Chamber door, the Library door and the main entrance to the Governors State Room.  The above doors may be further equipped with magnetic hold-open devices that would automatically disengage in the event of fire alarm and/or power outage.  The Board further would allow the reversal of one (1) set of the main entrance door of this facility in accordance with the Historical Commission guidelines.  The Board directs the Applicant to review the possibility of re-swinging the second set of doors with the State Fire Marshal's Office.  The Board hereby directs the Applicant to address the end towers and staircases of this facility in accordance with the plan of action.  The Board hereby grants relief in order to allow the rotunda stairs, which are a means of escape, not to be supplemented with additional handrails.  Finally, the Board directs the Applicant to work closely with the State Fire Marshal's Office in providing sprinkler coverage within the offices of this complex as part of the HVAC renovations throughout this facility.  At that time, the Board would direct the Applicant to further provide these areas with approved emergency lighting.  Again, the timetable for this later phase shall be established by the State Fire Marshal's Office.

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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