Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050906
LOCATION OF PREMISES: 149 Elm Street, Woonsocket, RI
APPLICANT: Mr. Paul Sharantonakis 2805 Victory Highway Harrisville, RI 02830
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2007-09-18
The above-captioned case was scheduled for hearing on May 8, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Filippi, OConnell, Richard, Blackburn, Jasparro, Preiss and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Papa of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairman Newbrook to grant the applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 3, 2005 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 May 8, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the November 3, 2005 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
CONCLUSIONS AND VARIANCE REQUESTS
1.	During the May 8, 2007 hearing on this matter, the Board was advised that the owner of the facility had repaired the fire alarm system.  The Board was further advised that the owner would upgrade the fire alarm system of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to prepare and present plans for the upgrade of the fire alarm system and an additional 120 days in which to conclude the upgrading of this fire alarm system at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
2-3.	It is the understanding of the Board that the Applicant has corrected deficiencies 2 and 3 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
4.	The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved exit signage, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office in accordance with the timetable outlined in item 1 above.
5.	The Board hereby grants a variance in order to maintain the fire escape system, which involves walking across a combustible surface, with the following safeguards.  As a condition of this variance, the Board directs the Applicant to either provide an approved metal grate across the combustible walking surface or to install 5/8 inch sheet rock shielding on the ceiling below the combustible walking surface at the direction and the satisfaction of the Woonsocket Fire Marshals Office in accordance with the timetable established in item 1 above.  In getting this relief, the Board also notes that most of the storage below the combustible walking surface has been removed by the Applicant to the satisfaction of the Woonsocket Fire Marshals Office.
6-7.	The Board hereby directs the Applicant to correct deficiencies 6 and 7 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office in accordance with the timetable outlined in item 1 above.
8-9.	It is the understanding of the Board that items 8 and 9 are not deemed deficient by the Woonsocket Fire Marshals Office. 
10.	The board hereby directs the Applicant to correct deficiency 10 by providing the existing door jambs of this facility with approved solid core steel or wood doors maintaining an approximate fire rating of twenty (20) minutes installed with spring loaded hinges at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within the timetable outlined in item 1 above.
11.	It is the understanding of the Board that the Applicant has corrected deficiency 11 to the satisfaction of the Woonsocket Fire Marshals Office.
12.	It is the understanding of the Board that item 12 is not a deficiency.
13.	The Board hereby directs the Applicant to correct deficiency 13 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office, within the timetable outlined in item 1 above.
14.	The Board hereby directs the Applicant to correct deficiency 14 by providing this facility with approved portable fire extinguishers within fifteen (15) days of the May 8, 2007 hearing, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
15.	The Board hereby grants a variance in order to allow the Applicant to sprinkler only the fourth story stairway servicing this facility at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within the timetable outline in item 1 above.	
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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