Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040390
LOCATION OF PREMISES: 298 High Street, Bristol, RI
APPLICANT: First Congregational Church 300 High Street Bristol, RI 02809
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2006-04-25
The above-captioned case was scheduled for hearing by a subcommittee of the Board on February 8, 2006 at 9:00 A.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.  The subcommittee recommendations were reviewed by the full Board on February 14, 2006 and approved pursuant to a motion made by Commissioner Burlingame and seconded by Commissioner Blackburn.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 27, 2004 inspection report compiled by the State Fire Marshals Office. The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 8, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the July 27, 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 Authority Having Jurisdiction (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 directs the Applicant to upgrade the fire alarm system of this facility to a municipally connected system throughout this complex on or before July 1, 2008.
	2.  The Board hereby directs the Applicant to provide the above fire alarm system with an approved fire drill switch for mandatory fire drills on or before July 1, 2008.
	3.  The Board hereby directs the Applicant to provide this facility with approved emergency lighting, on or before July 1, 2008.
	4.  The Board hereby directs the Applicant to provide this facility with approved exit signage, on or before July 1, 2008.
	5.  During the February 8, 2006 subcommittee hearing on this matter, the Board was advised that the ten-burner gas stove within the kitchen of this facility has not been utilized for the last year and a half.  In order to avoid the suppression requirements, the Applicant has agreed to remove the stove.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to remove the cited stove.
	6.  The Board hereby grants a variance from the provisions of section 7.2.1.4.2 in order to allow the Applicant to maintain the existing construction and swing of the main front door of the Church.  In granting this variance, the Board notes that there are three (3) doors in front of the Church, and that all services shall have ushers.  The Board hereby directs the Applicant to correct the swing of the remaining smaller front doors, at the direction and to the satisfaction of the State Fire Marshal's office, within 120 days of the date of this decision.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing approved smoke and carbon monoxide detection in all of the sleeping areas of this facility, at the direction and to the satisfaction of the State Fire Marshal's office within 120 days of the date of this decision.

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].
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