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.: 050143
LOCATION OF PREMISES: 148 Social Street, Woonsocket, RI
APPLICANT: Dr. Joseph Rowey 148 Social Street Woonsocket, RI 02895
USE OR OCCUPANCY: Business
DATE OF DECISION: 2007-02-02
The above-captioned case was scheduled for hearing on January 23, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson, Filippi and OConnell 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 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 February 10, 2005 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the January 23, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the February 10, 2005 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.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 1 by providing this facility with an approved local fire alarm system and approved key lock box installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or his designee.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or his designee.
	3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 3 by providing this facility with approved exit signage installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or his designee.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by removing the cited storage and maintaining the second level rear exit clear of all obstructions.

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