Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040122C
LOCATION OF PREMISES: 99 Taft Avenue, Providence, RI
APPLICANT: James R. Carlson, AIA, NCARB Executive Vice President Robinson Green Beretta Corporation 50 Holden Street Providence, RI 02908
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2008-05-14
The above-captioned case was scheduled for hearing on February 5, 2008 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Walker, Jackson, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this facility was previously before it and hereby adopts its original findings of fact as its initial findings of fact in this case.  In addition, the Board finds that the work on item 21 of the schedule has not yet occurred, and that in light of the Boards interpretation in 06-07 relating to Places of Worship, the Applicant wishes to revisit this item.  The Board further finds that the Applicant is requesting additional time to review the current code requirements for this facility, in light of the newly upgraded Places of Worship provisions.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the recent upgrades to the Fire Code concerning Places of Worship, the Board hereby grants the Applicant relief to comply with the current codes relating to Places of Worship covering this facility.  The Board further grants relief from the provisions of section 7.7.2.5 of NFPA 101 as it relates to the entry vestibule of this existing Place of Worship.  Finally, the Board hereby grants the Applicant an additional time variance until April 30, 2008 to review this facility under the new code and present any additional plan of action deemed necessary.

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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