Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040275
LOCATION OF PREMISES: 221 Dulude Avenue, Woonsocket, RI
APPLICANT: Mr. Nasser Monplaisir 456 Belmont Street East Bridgewater, MA 02333
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 David Beaubien 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 description of this facility is completely outlined in an inspection report dated July 29, 2004.  The above inspection report was reviewed by the Board, the Woonsocket Fire Marshal and the Applicant during the October 18, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the July 29, 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.  During the October 18, 2006 subcommittee hearing on this matter, the Applicant and the Fire Marshal advised the Board that the Applicant is planning to reduce the occupancy of this facility to three (3) residential units.  The proposed reduction of occupancy would remove the classification of this building from an apartment occupancy to a three-family residential occupancy.  In light of the fact that new three-family residential occupancies require smoke and carbon monoxide detection, the Board hereby directs the Applicant to provide this facility with full, approved smoke and carbon monoxide detection, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office within sixty (60) days of the date of this decision.  The Board further directs the Applicant not to allow the fourth unit of this facility to be rented and/or occupied until such time as this building is brought into full compliance with the apartment provisions of the code.  The Board hereby grants the Woonsocket Fire Marshal's office the authority to extend the above time line for good cause shown.

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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