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.: 050310
LOCATION OF PREMISES: 288-292 Rathbun Street, Woonsocket, RI
APPLICANT: Mr. John Laughter 17 Gano Avenue Johnston, RI 02919
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2007-08-27
The above-captioned case was scheduled for hearing on March 27, 2007 at 1:00 P.M.  At that time, a subcommittee of the Board was present and heard this case.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  The subcommittee recommendations were approved by the Board on April 3, 2007 pursuant to a motion made by Commissioner Richard and seconded by Commissioner OConnell.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 5, 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 March 27, 2007 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the May 5, 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-15.  The Board hereby grants the Applicant a time variance of 180 days of the date of this decision in order to correct any remaining deficiencies as outlined in the May 5, 2005 inspection report covering this facility.  As a condition of this variance, the Board directs the Applicant to bring the first stair tower of this facility into compliance, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office, within ninety (90) days of the date of this decision, and to then bring the second stair tower into compliance, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office, within the remaining ninety (90) days of the above time limit.

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