Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050677B
LOCATION OF PREMISES: 385-399-403 Village Road, Woonsocket, RI
APPLICANT: Ferland Property Management 558 Smithfield Ave nue Pawtucket, RI 02860
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2012-04-12
The above-captioned cases were originally scheduled for hearing on November 6, 2008 and at that time, the Board directed the Applicant to submit a plan of action covering these facilities.  The parties returned for a hearing on March 3, 2009 and the Board approved the parties plan of action as outlined in its decision covering file numbers 050670A through 050689A issued on July 7, 2009.  By letter dated February 23, 2012, Assistant Deputy State Fire Marshal Michael A. Morin of the Woonsocket Fire Marshals Office advised the Board that his Office was requesting that file numbers 050670A through 050689A be reopened to incorporate a plan of action addressing the remaining buildings.  The Woonsocket Fire Marshal further advised that on Thursday, February 23, 2012 he had met with the Chief of Inspections of the State Fire Marshals Office along with the property manager for the Ferland Corporation and had agreed upon a revised plan of action.  Accordingly, a review of the parties revised plan of action was scheduled for hearing on March 20, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Burlingame, Sylvester, Jackson, Walker, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Michael Morin and David Degrange of the Woonsocket Fire Marshals Office along with Chief of Inspections Scott Caron of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioners Jackson and Walker to grant the Applicant relief as outlined herein.  The motion was passed over the opposition vote of Commissioner Burlingame

FINDINGS OF FACT
	The Board hereby incorporates its original decision in file numbers 050670 through 050689 along with its decision in file numbers 050670A through 050689A as its initial findings of fact.  In addition, the Board incorporates the February 22, 2012 letter from Frank. O. Bragantin, Project Manager for Ferland Properties to Woonsocket Fire Marshal Michael Morin along with Woonsocket Fire Marshal Michael Morins February 23, 2012 correspondence to the Board as its additional findings of fact.  The Board further finds that all of the subject facilities have some protection in them, and that many of these systems are to be upgraded.  Finally, the Board notes that the State Fire Marshals Office has determined that the current plan of action is appropriate and that the Woonsocket Fire Marshals Office is in favor of this plan of action.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the plan of action as outlined in the February 22, 2012 letter from the owners property manager to the Woonsocket Fire Marshal.  Accordingly, the previous time frames allowed for this project have been extended accordingly.  In granting this relief, the Board notes that the Woonsocket Fire Marshals Office and the State Fire Marshals Office are in support of this relief.

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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