Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050304A
LOCATION OF PREMISES: 67 Cedar Street, Providence, RI
APPLICANT: Flexible Leased Business Spaces 260 West Exchange Street Providence, RI 02903
USE OR OCCUPANCY: Business
DATE OF DECISION: 2006-04-07
The above-captioned case was originally scheduled for hearing on June 14, 2005 at 1:00 P.M.  At that time, the Board approved the Applicants plan of action for the upgrade of this facility.  As part of that approval, the Applicant agreed to provide this facility with approved upgraded fire alarm coverage, at the direction and to the satisfaction of the State Fire Marshals office.
The above captioned case was most recently re-scheduled for hearing on January 24, 2006 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Preiss, Burlingame and Filippi were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Christine Kent of the State 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 passed with Commissioner Burlingame abstaining from the vote.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 050304 as its initial findings of fact in this case.  The Board further finds that the Applicant made a good faith attempt to install fire drill switches in the fire alarm boxes serving this complex.  The Board further finds that the Applicant was successful in installing a fire drill switch at 260 West Exchange Street.  However, the Applicant was unable to provide the 67 Cedar Street portion of this complex with an approved fire drill switch because the master fire alarm box was not compatible with the required switch.  The Board further finds that the State Fire Marshals office had no objection to this relief based on the occupancy of the 67 Cedar Street portion of this complex and on structural hardship.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant not to provide the 67 Cedar Street portion of this complex with an approved fire drill switch.  In granting this variance, the Board notes that the State Fire Marshals office has no objection due to the nature of the occupancy and the hardship such a switch would impose upon the Applicant.  Finally, it is the understanding of the Board that the Applicant has complied with installing an approved fire drill switch at 260 West Exchange Street where the fire alarm master box was compatible with this type of switch.

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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