Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040122D
LOCATION OF PREMISES: 99 Taft Avenue, Providence, RI
APPLICANT: Temple Emanu-El c/o James R. Carlson, AIA, NCARB Robinson Green Beretta Corporation 50 Holden Street Providence, RI 02908
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2008-08-01
The above-captioned case was scheduled for hearing on June 17, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Jasparro, Jackson, Richard, Blackburn and Walker were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Walker and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file numbers 040122, 040122A, 040122B and 040122C as its initial findings of fact in this case.  In addition, the Board finds that by letter dated April 22, 2008, the Applicants representative has outlined his request for relief for this facility.  The Board hereby incorporates the April 22, 2008 letter as its supplemental findings of fact.  In addition, the Board finds that the Providence Fire Marshal's office has no objection to the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the Place of Worship status of the subject facility, the Board hereby waives the sprinkler requirement outlined during the 2004 hearing on this matter.  Accordingly, the Board shall not require additional sprinkler coverage for this facility.
	2.  The Board hereby extends the original fire alarm compliance date to the current date allowed for places of worship in the new code of December 31, 2010.
	3.  The Board hereby grants a variance to allow the vestibule of the Taft Building to remain as it exists, with a variance from NFPA 101 2003 edition Section 7.7.25.  
	4.  In light of the above, it is the understanding of the Board that all other items in the 2004 variance request will be completed in accordance with the schedule previously outlined.
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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