Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
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DECISION
FILE NO.: 030341
LOCATION OF PREMISES: 2-4 Northwood Lane
APPLICANT: Mr. Piero Maggiacomo 61 Wilson Avenue Johnston, RI 02919
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2004-10-04
The above-captioned case was scheduled for hearing on April 20, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Pearson, Filippi and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jonathan DePault of the North Smithfield Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the April 20, 2004 hearing on this matter, the Board was advised and finds that this facility was constructed in the 1960’s.  The Board was advised and finds that its primary usage is an apartment house having six (6) units with one (1) common shared egress.  The Board was further advised and finds that the building is a three story wooden building of balloon construction with a partial basement.  It is the understanding of the Board that the Applicant is planning to bring the building into compliance with the provisions of chapter 31 of the Rhode Island Life Safety Code.  However, the Applicant has requested additional time in which to comply.  It is the understanding of the Board that all of the other fire code deficiencies have been corrected by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to bring this facility into compliance with the provisions of chapter 31 of the Rhode Island Life Safety Code.  Specifically, the Applicant has the option of complying with the original fifteen (15) point plan of action or bringing the facility into full compliance with the remaining provisions of chapter 31 including the fire alarm.

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 Applicant’s 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 Board’s 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 Board’s 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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