Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
(401) 889-5551 phone
(401) 889-5279 fax
711 TTY
FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
560 Jefferson Boulevard
Suite 202
Warwick, RI 02886
DECISION
FILE NO.: 040157
LOCATION OF PREMISES: 315 East School Street, Woonsocket, RI
APPLICANT: Mr. Wilfred Perron, Jr. 1 Sunnycrest Avenue North Smithfield, RI 02896
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2006-02-23
The above-captioned case was scheduled for hearing on November 15, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Burlingame and Filippi 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 Commissioner Preiss and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the November 15, 2005 hearing on this matter, the Board had before it a May 10, 2004 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 November 15, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the May 10, 2004 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of section 31.1.1.3 in order to allow the Applicant to maintain the existing swing of the cited back doors of this facility.  This variance request is based on structural hardship.  It is the understanding of the Board that the Applicant has already re-swung the front door of this facility in the direction of exit travel.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct the alarm system in this facility and any remaining items at the direction and to the satisfaction of the Woonsocket Fire Marshal's 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)].
rhode island coat of arms A Rhode Island Government Web site