Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040307
LOCATION OF PREMISES: 800 Logee Street, (Mount St. Charles Academy), Woonsocket, RI
APPLICANT: Brother Robert P. Croteau Mount St. Charles Academy 800 Logee Street Woonsocket, RI 02895
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2007-04-10
The above-captioned case was scheduled for hearing on November 21, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Thomas Papa and Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi 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 May 8, 2006 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 21, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the May 8, 2006 inspection report as its initial findings of fact with the following two (2) modifications.  Initially the Board was advised by the Woonsocket Fire Marshal's office that this facility was constructed in 1924 and secondly, the Board was advised that the two-story addition was added in 1999.  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 November 21, 2006 hearing on this matter, the Board was advised that the municipal fire alarm system within this facility had been upgraded over the summer by an approved fire alarm contractor.  Accordingly, the Board directs the Applicant to provide the Woonsocket Fire Marshal with documentation that deficiency 1 has been corrected.
	2.  During the November 21, 2006 hearing on this matter, the Board was advised that the Applicant maintains a corridor sprinkler system.  Accordingly, the Board hereby directs the Applicant to correct deficiency 2, at the direction and to the satisfaction of the Woonsocket Fire Marshal, by either providing the cited wainscoting and wood paneling in the corridors with an approved Class A finish or by demonstrating to the Woonsocket Fire Marshal that they would be covered by the sprinkler heads within the corridors.  The above project shall be within a timetable established for the entire building by the Woonsocket Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of section 7.1.3.2.1 in order to allow the Applicant to maintain the existing corridor doors from the classrooms, offices and storage rooms of this facility.  In granting this variance, the Board notes that the Applicant has provided sprinkler coverage within the egress system that would protect the above doors.  In granting the above variance, the Board directs the Applicant to provide the cited doors with approved spring loaded hinges or other self-closing devices on or before September 1, 2007, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  Finally, the Board notes that the improvement of these doors at the direction and to the satisfaction of the Woonsocket Fire Marshal and possible extension of the sprinkler coverage, shall be part of the renovation project for this facility.
	4.  The Board hereby grants a variance from the provisions of sections 7.2.6.2 and 8.3.3.1 in order to allow the Applicant to maintain the existing transoms and glass panels and office windows in conjunction with sprinkler coverage placed on both sides of the glass at the direction and to the satisfaction of the Woonsocket Fire Marshal's office on or before September 1, 2007.  
	5-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 5, 6, 7, 8, 9, 10 and 11 as outlined in the above inspection report at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  It is the further understanding of the Board that the east wing of the facility is a newer wing and that the west wing shall be renovated and that the remaining classrooms may have extended sprinkler coverage installed at the direction and to the satisfaction and within a timetable established by 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)].
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