Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050794
LOCATION OF PREMISES: 24 Monument Square, Woonsocket, RI
APPLICANT: The Stadium Theater c/o Executive Director 24 Monument Square Woonsocket, RI 02895
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2007-12-14
The above-captioned case was originally scheduled for hearing on November 27, 2007 at 1:00 P.M. At that time, it was determined that this case should be reviewed by a Subcommittee of the Board during an onsite inspection and hearing.  Accordingly, a Fire Board Subcommittee conducted an onsite inspection of this facility on December 5, 2007 at 10:00 AM.  The Subcommittee consisted of Chairman Coutu and Commissioners Richard, Filippi, Blackburn and Jasparro.  The fire service was represented by Woonsocket Fire Chief Kenneth Finlay and Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  The Stadium Theaters President, Treasurer, current and former Executive Directors, along with certain Board Members and other technical affiliates also were present.  After the inspection of the facility was completed, the Subcommittee reviewed the Applicants requested relief with the above parties.  Over the dissenting vote of Commissioner Blackburn, the majority of the Subcommittee made the following recommendations, which were considered by the full Board on December 11, 2007.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Walker, Pearson, OConnell, Jasparro, Jackson, Preiss, Blackburn and Richard were present.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Preiss abstaining and over the opposition of Commissioners Blackburn and Walker.  Therefore, the above approved subcommittee recommendations now have the status of a full Board Decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 27, 2007 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 December 5, 2007 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the August 27, 2007 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.	During the onsite inspection of this facility, the Subcommittee noted that the fire alarm system was functioning and in the process of being substantially upgraded. The Subcommittee further recommended beam detection in the area of the Grand Hall and the Applicant agreed to provide this additional detection. The Applicant further agreed to shut down the sound systems in this facility with the activation of the fire alarm system. Accordingly, the Board hereby grants the Applicants request for a time variance to complete the upgrade of the fire alarm system in this facility, as outlined in item one of the August 27, 2007 inspection report with the addition of the above beam detection and sound shut down, at the direction and to the satisfaction of the Woonsocket Fire Marshal, or designee, on or before December 31, 2008. In granting this relief, it is the understanding of the Board that the Woonsocket Fire Chief and Fire Marshal have no objection. 
2.	During its review of this facility, the Subcommittee was advised that there was no smoking and no open flame allowed in this facility. The Subcommittee was further advised that the facility maintained double the required egress capacity for its patrons and that it had a deluge sprinkler system, and approved standpipes, covering the stage area. The Board was further advised that the standpipe nozzles would be upgraded and that the sprinkler system would also be provided with an independent service to the satisfaction of the Woonsocket Fire Marshals Office. 
The Board was further advised that the Applicant would provide the lobby, the staircases and the remainder of the facility with approved sprinkler coverage with the sole exception of the Grand Hall. The Applicant proposed fire alarm beam detection as an alternative to sprinkler coverage in this area. The Board was further advised that all of the carpeting, decorative and acoustical materials, and chair upholstery were recently installed and currently certified as flame resistant.  
In light of the above, the Board hereby grants the Applicant a time variance, until June 30, 2010, to make the above upgrades to the sprinkler system and to provide this facility with the above improvements, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office. The Board notes that the additional beam detection shall be installed on or before December 31, 2008. The Board further relies upon the Applicants October 26, 2007 justification for relief in the area of the Grand Hall and the fact that the Woonsocket Fire Chief and Fire Marshal have no objection. 
3.	The Board hereby grants a variance in order to allow the Applicant to maintain the actual twenty-four (24) inches of clearance at the rear of the historical, but functional, motion picture projectors within this facility. The Board notes that this area will be sprinkled and that Applicant shall secure the above projection system at the direction and to the satisfaction of the Woonsocket Fire Marshals Office. Finally, the use of the projection system shall be pursuant to a safety plan approved by the Woonsocket Fire Marshals Office. 
4  7.	It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5, 6 and 7 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office. 
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 approval of the Subcommittee Recommendation, within thirty (30) days of the mailing date of this Decision, by submitting a written request, to the Chairman, to be heard on this matter by full Fire Safety Code Board of Appeal & Review.
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