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.: 050156A
LOCATION OF PREMISES: 4115 Old Post Road, Charlestown, RI
APPLICANT: Laurel Oaks, LLC c/o Karilee Dahl 4115 Old Post Road Charlestown, RI 02813
USE OR OCCUPANCY: Hotels and Motels
DATE OF DECISION: 2007-12-06
This case was originally scheduled for hearing on October 24, 2006 and a comprehensive written decision was issued on February 16, 2007.  The Applicant thereupon returned to the Board and was heard on July 31, 2007.  At that time the Applicant requested a time extension to October of 2007 to correct the remaining deficiencies.  A motion was thereupon made by Commissioner Richard and seconded by Commissioner Filippi to have the Applicant submit her fire alarm plans within thirty (30) days of the July 31, 2007 hearing date, to the State Fire Marshal's office.  The Applicant was further directed to complete the installation of the fire alarm system on or before October 31, 2007.  Finally, the Board granted the State Fire Marshal's office the authority to extend the above deadline for good faith efforts being made by the Applicant.
By letter dated October 24, 2007, the Applicant requested an additional hearing to allow the Board to consider a time extension.  The Applicants request was reviewed by the Board on November 20, 2007 at 1:00 pm.  At that time, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard and Jackson were present.  The fire service was represented by Deputy State Fire Marshal Dennis McGarty of the State Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby incorporates its original decision in file number 050156 as its initial findings of fact in this case.  The Board further notes that on July 31, 2007, it had orally directed the Applicant to submit fire alarm plans to the State Fire Marshal's office within thirty (30) days of the hearing date and further directed the Applicant orally to complete installation of the fire alarm system on or before October 31, 2007.  The Board further finds that the Applicant failed to comply with both directives.
	The Board finds that the Applicant has now returned advising that all other fire code deficiencies have been corrected within this facility with the exception of the fire alarm system.  The Board was further advised and finds that the Applicant now has a fire alarm installation contract with Precision Fire Alarm System, Inc.  The Board finds that the fire alarm contract secured by the Applicant results in a potential savings of approximately 20,000.00.  The Board finds that the Applicant now needs a final time extension in order to install the fire alarm system.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board directs the Applicant to immediately provide the State Fire Marshal's office with its fire alarm companys plan for the installation of a fire alarm system within this facility.  The Board hereby grants the Applicant a time variance of forty-five (45) days from the State Fire Marshal's approval of the above plans to fully install and test the fire alarm system for this facility.  The Board notes that the Applicants failure to comply in good faith with this final directive within the above time frame could jeopardize and possibly void the original variances granted in file number 050156.  

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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