Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
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DECISION
FILE NO.: 050138A
LOCATION OF PREMISES: 1705 West Shore Road, Warwick, RI
APPLICANT: Mr. Jack Doherty 1705 West Shore Road Warwick, RI 02889
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2007-02-09
The above-captioned case was originally scheduled for hearing on July 18, 2006 at 1:00 P.M. and a decision in this matter was mailed on November 20, 2006.  The Applicant has returned requesting a sixty-day extension of the original decision.  The above request was reviewed by the Board on January 30, 2007 at 1:00 P.M.  At that time, 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 George Potter of the Warwick Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Blackburn 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 050138 as its initial findings of fact in this case.  In addition, the Board finds that the Warwick Fire Marshal's office is requesting that the Applicant be provided with additional time to install the sprinkler and fire alarm systems in this building due to a delay in the office of the Superintendent of Fire Alarms in reviewing their fire alarm plans.  Specifically, the Board finds that the Warwick Fire Marshal's office is requesting a sixty-day extension.  The Warwick Fire Marshal's office appeared and advised the Board that he had no objection to the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby amends its original decision in file number 050138 in order to provide the Applicant an additional sixty (60) days from the date of this decision as a time extension to the original decision in file number 050138.

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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