Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040184
LOCATION OF PREMISES: 294-296 Diamond Hill Road, Woonsocket, RI
APPLICANT: Mr. Joseph R. Hardenbergh, IV 54 Avery Street North Attleboro, MA 02760
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2007-02-09
The above-captioned case was scheduled for hearing before a subcommittee of the Board on October 18, 2006 at 9:00 A.M.  At that time, Chairman Coutu and Commissioner Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on October 24, 2006 and approved pursuant to a motion made by Commissioner OConnell and seconded by Commissioner Richard.  Accordingly, the subcommittee recommendations now have the status of a full Board decision. 
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 19, 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 October 18, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the May 19, 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board hereby authorizes the Woonsocket Fire Marshal's office to extend the above deadline for good cause shown.
	5-6.  It is the understanding of the Board that deficiencies 5 and 6 are not violations within this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing the cited areas with an approved Class A finish to the satisfaction of the Woonsocket Fire Marshal.
	8-9.  It is the understanding of the Board that items 8 and 9 are not violations within this facility.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing this facility with approved solid core or steel doors maintaining an approximate fire rating of 20 minutes and further maintaining spring loaded hinges.
	12.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 12 by providing the boiler room with an approved remote shut-off switch as part of the fire alarm package for this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  
	13.  It is the understanding of the Board that item 13 is not a deficiency within this facility.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing this facility with approved portable fire extinguishers, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	15.  It is the understanding of the Board that item 15 is not a deficiency within this facility.
	16.  As part of the fire alarm package for this facility, the Applicant is hereby directed to provide this facility with an approved key box installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office in accordance with the above timelines.
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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, 272 West Exchange Center (Suite 301), Providence, R.I. 02903.
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