Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040448A
LOCATION OF PREMISES: 60 Tiogue Avenue, West Warwick, RI
APPLICANT: Astro Enterprises 60 Tiogue Avenue West Warwick, RI 02883
USE OR OCCUPANCY: Industrial
DATE OF DECISION: 2006-06-16
The above-captioned case was originally scheduled for hearing on August 30, 2005 and a decision, outlining a plan of action for this facility, was mailed on November 3, 2005.  The above captioned cased was most recently reviewed by the Board on April 4, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  By letter dated March 15, 2006, the West Warwick Fire Marshal's office advised the Board that it was in agreement to grant the Applicant a sixty (60) day extension to the August 30, 2005 decision.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby relies on its original findings of fact in file 040448 as its findings of fact in this case.  It is the further understanding of the Board that the Applicant has requested an extension of the original deadline in file 040448.  It is the further understanding of the Board that the West Warwick Fire Marshal's office is in agreement with the extension.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the above, the Board hereby extends the original deadline of the August 30, 2005 decision by sixty (60) days.

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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