Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050859A
LOCATION OF PREMISES: 380 Westminster Street, Providence, RI
APPLICANT: CBRE/New England Attn: Kevin Hagerman 111 Huntington Avenue, 12th Floor Boston, MA 02199
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2006-11-20
The Board notes that this matter has come before it on several occasions and the Board has previously issued decisions in file numbers 980018, 980095, 020244 and 050859.  The Applicant has now returned to the Board requesting the reaffirmation of prior variances and the approval of a plan of action for this facility by the Board.  
	The above-captioned case was thereupon scheduled for an on-site subcommittee of the Board held on June 8, 2006 at 9:30 A.M.  At that time, Chairman Farrell, Commissioner Burlingame and the Executive Director were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal's office.  The subcommittee recommendations were reviewed by the full Board on June 20, 2006 and approved pursuant to a motion by Commissioner Blackburn with a second by Commissioner Richard.  Accordingly, the subcommittee recommendations now have the status of a full Board decision.

FINDINGS OF FACT
	The Board hereby adopts is original findings of fact in file numbers 980018, 980095, 020244 and 050859 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has developed and submitted a written plan of action dated June 15, 2006 outlining their request for relief and the initial findings of the subcommittee.  Accordingly, the Board hereby incorporates the June 15, 2006 plan of action as its additional findings of fact in this case.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants June 15, 2006 plan of action for this facility.  Accordingly, all of the variance requests therein, including the requested time variance, shall be considered granted by the Board.  A copy of the June 15, 2006 summary is attached for reference by all parties.  

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].
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