Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050798
LOCATION OF PREMISES: 99 Louise Street, Woonsocket, RI
APPLICANT: Mr. Lucien Chevalier 18 Louise Street Woonsocket, RI 02895
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2007-08-14
The above-captioned case was scheduled for hearing on March 6, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Newbrook, Preiss, Pearson, Filippi and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous. 

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 28, 2005 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 March 6, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the September 28, 2005 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 March 6, 2007 hearing on this matter, the Board was advised that the Applicant was working with the Woonsocket Fire Marshals Office in order to develop a plan of action to address the fire code deficiencies within this facility.  The Board was further advised that as part of the plan of action the Applicant intended to build two (2) storage areas within this facility and provide access to these areas with approved solid core doors having the approximate rating of twenty (20) minutes.  The Board was further advised that the Applicant plans to provide two (2) sets of doors leading directly to the outside.  The Board was further advised that the Applicant has proposed not to occupy the members room on the lower level and to further provide a wall separating the unoccupied room and creating an egress system.  In light of the above structural changes to this facility, the Board hereby grants the Applicant a time variance of 120 days from the date of this Decision in order to make the above structural changes and then to provide this facility with an approved fire alarm system that would be required after the above structural changes.
2.	The Board hereby directs the Applicant to correct deficiency 2 by properly testing the above system at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
3.	It is the understanding of the Board that the Applicant has corrected deficiency 3, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
4.	After completion of the above renovation of this facility the Board hereby directs the Woonsocket Fire Marshals Office to reassess the necessity of deficiency 4, in light of the reduced occupancy load.
5.	The Board hereby directs the Applicant to correct deficiency 5, as part of renovations of this facility, within 120 days of the date of this Decision.
6.	The Board hereby directs the Applicant to correct deficiency 6, within 120 days of the date of this Decision.
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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