Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050518
LOCATION OF PREMISES: 82-84 Fales Street, Central Falls, RI
APPLICANT: Ferland Property Management 85 Douglas Pike Smithfield, RI 02917
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2008-11-13
The above-captioned cases were scheduled for hearing on November 6, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro and Dias were present.  The Applicant appeared and advised the Board that he was requesting time to complete the plan of action he had developed with the Central Falls Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facilities are apartment occupancies managed by the Applicant.  The Board further finds that the Applicant and the Central Falls Fire Marshals Office have developed a plan to bring these facilities into compliance with the State Fire Code and that the Applicant needs additional time to install the fire alarm systems in these buildings.  The Board finds that the plans for the systems have been previously submitted and approved.
CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a time variance of one hundred twenty (120) days from the date of this Decision in which to install the fire alarm system in these buildings at the direction and to the satisfaction of the Central Falls Fire Marshals Office.  The Central Falls Fire Marshals Office is hereby granted the discretionary authority to extend the above deadline for good faith efforts being made 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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