Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 050907
LOCATION OF PREMISES: 24 Gaulin Avenue, Woonsocket, RI
APPLICANT: Mr. Paul Sharantonakis 2805 Victory Highway Harrisville, RI 02830
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2007-09-21
The above-captioned case was scheduled for hearing on April 13, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, OConnell and Filippi 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 Blackburn and seconded by Commissioner Richard 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.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to prepare plans for the upgrade of the fire alarm system and an additional 120 days from the above thirty (30) day deadline to upgrade the fire alarm system of this facility to current standards.
2-4.	The Board hereby directs the Applicant to correct deficiencies 2, 3, and 4 by providing this facility with approved carbon monoxide detection and emergency lighting at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within the above time lines established in item 1 above.
5.	It is the understanding of the Board that deficiency 5 is not a violation.
6-7.	The Board hereby directs the Applicant to correct deficiencies 6 and 7 by repairing the walls and providing certification of all covering materials at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within the above time lines established in item 1.
8-9.	It is the understanding of the Board that items 8 and 9 are not violations of the State Fire Code.
10.	The Board hereby directs the Applicant to correct deficiency 10 by providing the existing basement doorjamb with an approved door and self-closing devices installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within the timetable established in item 1 above.
11-12.	It is the understanding of the Board that item 11 and 12 are not violations of the State Fire Code.
13.		The Board hereby directs the Applicant to correct deficiency 13 by properly mounting the cited glass heating units in the apartments on noncombustible surfaces, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within the time table established in item 1 above.
14.	The Board hereby directs the Applicant to immediately correct deficiency 14 by providing this facility with approved fire extinguishers that have been properly serviced and certified at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
15.	The Board hereby grants the Applicant a variance in order to provide sprinkler coverage in the fourth story stairway servicing this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within the timetable established in item 1.

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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