Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040434
LOCATION OF PREMISES: 538-540 Wood Avenue, Woonsocket, RI
APPLICANT: Mr. Robert F. Kaczor One Jefferson Street Blackstone, MA 01504
USE OR OCCUPANCY: Mixed
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 Francis Dunton 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 numbers of the decision below correspond with those of an October 18, 2004 inspection report compiled by the Woonsocket Fire Marshal's office.  The above inspection report was reviewed by the Board, the Woonsocket Fire Marshal's office and the Applicant during the October 18, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the October 18, 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to submit plans for the installation of a local fire alarm system to the Woonsocket Fire Marshal.  The Board further grants the Applicant an additional 120 days from the above completion of the thirty day period in which to install the local fire alarm system, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	2-7.  The Board hereby grants the Applicant a time variance of 150 days from the date of this decision, corresponding to the time variance granted in item 1 above, in order to allow the Applicant to correct deficiencies 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  Specifically, the Applicant shall provide this facility with approved emergency lighting, approved exit signage, approved carbon monoxide detection in the sleeping quarters, approved fire extinguishers for all occupancies, a lock box and protection of the fire escape assembly, at the direction and to the satisfaction of the Woonsocket Fire Marshal.  The Board notes that in correcting deficiency 7, the Applicant may either provide sheetrock beneath the fire escape roof, or a grate on top of the roof at the direction and to the satisfaction of the Woonsocket Fire Marshal within the above timetable.
	8.  It is the understanding of the Board that item 8 is informational in nature.
	9.  The Board hereby grants a variance from the provisions of section 14.3.1 in order to allow the Applicant to maintain the existing construction with an approved Class A finish, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	10.  The Board hereby directs the Applicant to correct deficiency 10 within 150 days from the date of this decision by re-swinging the exit doors in the direction of egress travel, at the direction and to the satisfaction of 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 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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