Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060137A
LOCATION OF PREMISES: 395 Westminster Street, Providence, RI
APPLICANT: Mr. Louis Peters 395-397 Westminster Street Providence, RI 02903
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2007-07-27
The above-captioned case was originally scheduled for hearing on May 16, 2006 and a written decision was issued on September 19, 2006.  The Applicant has now returned requesting a time extension for the full installation of the sprinkler system.  Accordingly the above captioned case was scheduled for a new hearing on February 20, 2007.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein. The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 060137 as its initial finding of fact in this case.  In addition, the Board notes that the Applicant is having difficulty bringing the sprinkler water line to this facility from the water line to this facility from the water service located in the street.  It is the understanding of the Applicant that the Providence Water Supply Board will be able to make this connection in March of 2007.  Accordingly, the Applicant is requesting additional time.	

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a time extension until March 31, 2007 in which to connect the sprinkler system within this facility to the water service on the street.  The Board notes that the Providence Fire Marshals Office is hereby authorized to extend the above deadline for good faith efforts being demonstrated by the Applicant.
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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