Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040330A
LOCATION OF PREMISES: 230 First Avenue, Woonsocket, RI
APPLICANT: Ms. Gisele Saliba PO Box 475 Westwood, MA 02090
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2008-05-12
The above-captioned case was previously before the Board and a decision was issued in file number 040330 on April 10, 2007.  The Applicant has now returned to the Board requesting an extension of time due to issues that were experienced with the electrical inspector.  The above captioned case was most recently scheduled for hearing on February 19, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Filippi, Walker, Jasparro, Jackson, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner OConnell and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 040330.  In addition, the Board finds that the Applicant has been experiencing difficulties with the electrical inspector which have impacted upon her ability to comply with the code.  Accordingly, the Board finds that the Applicant is requesting additional time to correct any remaining deficiencies.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time extension of ninety (90) days from the date of this decision in order to correct all remaining deficiencies outlined in the inspection report cited in file number 040330.  In addition, the Board hereby grants the Woonsocket Fire Marshal's office the authority to extend the above deadline for good faith efforts being shown by the Applicant.

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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