Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050218
LOCATION OF PREMISES: 118 Division Street, East Greenwich, RI
APPLICANT: Mr. john Black First Evangelical Lutheran Church 118 Division Street East Greenwich, RI 02818
USE OR OCCUPANCY: Other
DATE OF DECISION: 2007-02-02
The above-captioned case was scheduled for hearing on October 3, 2006 at 1:00 P.M.  At that time, a subcommittee of the Board reviewed the case and compiled the recommendations outlined below for submission to the full Board.  The subcommittee recommendations were reviewed by the full Board on October 17, 2006.  At that time Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Newbrook, Pearson, Filippi and OConnell were present.  Commissioner Preiss recused himself from consideration of the subcommittee recommendations.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to approve the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion was unanimous.  The subcommittee recommendation now has the status of a full Board decision.  However, the Applicant may appeal this decision to the full Board as outlined below.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 31, 2005 inspection report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the October 3, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the January 31, 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.  Finally, the Board notes that during the October 3, 2006 hearings on this matter, the Applicant chose to go forward with its requested relief for this building but further chose not to proceed with the facility actually utilized as a Place of Worship until the Board adopted its final Places of Worship standards.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the October 3, 2006 subcommittee hearing on this matter, the Board was advised and finds that the Applicant shall maintain the third floor as an unoccupied area and shall further lock it at the direction and to the satisfaction of the East Greenwich Fire Marshal's office.  If the Applicant needs to temporarily access the unoccupied third floor at any time, the Applicant shall ensure that the door remains fully open during all the periods of such temporary occupancy.  In addition, the Board was advised and finds that the basement of this facility is generally unoccupied.  The Board directs the Applicant to maintain and secure the bulkhead at the direction and to the satisfaction of the East Greenwich Fire Marshal's office.  In light of the above, the Board hereby grants a variance from the provisions of sections 7.2.2.2.1 and 7.2.2.4 and their referenced standards in order to allow the Applicant to maintain the existing egress from the cited stairways within this facility.
	2.  The Board hereby grants a variance from the provisions of sections 7.2.2.5.1.1 and 7.2.2.5.1.3 in order to allow the Applicant to maintain the cited stairs unenclosed, at the East Greenwich Fire Marshal's office.  In granting this relief, the Board directs the Applicant to conduct occasional fire drills, at the direction and to the satisfaction of the East Greenwich Fire Marshal's office and to further provide this facility with an approved alarm system as outlined below.
	3-9.  The Board hereby directs the Applicant to correct deficiencies 3, 4, 5, 6, 7, 8 and 9 at the direction and to the satisfaction of the East Greenwich Fire Marshal's office within the time variance granted to the Council of Churches.

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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, 272 West Exchange Center (Suite 301), Providence, R.I. 02903.
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