Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050418A
LOCATION OF PREMISES: 428 Hope Street, Providence, RI
APPLICANT: Bilodeau Property Management PO Box 603200 Providence, RI 02903
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2010-05-13
The above-captioned cases were originally scheduled with a larger group of cases at a hearing on November 6, 2008 at 1:00 P.M.  At that time, the Board developed a plan of action for approximately forty-one (41) buildings.  The Applicant has now returned requesting additional time for the above six (6) facilities.  The above captioned cases were most recently scheduled for hearing on March 9, 2010 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Preiss, Richard, Jasparro, Pearson, Walker, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Lisa Krapf and Christopher Dillon of the Providence Fire Marshals Office along with Chief of Inspections Scott Caron of the State Fire Marshal's Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in its November 14, 2008 decision covering the above captioned facilities.  The Board further finds that the Applicant wishes additional time and has presented the Board with an outline of the request.  However, the Board finds that at least two (2) of the subject facilities could be completed within a shorter period of time.  Accordingly, the Board granted the Applicant a limited time variance outlined below.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the March 9, 2010 hearing date in which to submit plans for the final correction of the deficiencies within the above captioned facilities, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board grants the Applicant an additional 120 days from the above time period in which to implement those plans and bring the above captioned subject facilities into full compliance with the code, at the direction and to the satisfaction of the Providence and State 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 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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