Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040482
LOCATION OF PREMISES: 230 Washington Road, Barrington, RI
APPLICANT: Barrington United Methodist Church 230 Washington Road Barrington, RI 02806
USE OR OCCUPANCY: Assembly
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 Assistant Deputy State Fire Marshal Gerald Bessette of the Barrington Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Burlingame 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 September 27, 2004 inspection report compiled by the Barrington Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Barrington Fire Marshals Office during the February 8, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 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.  During the February 8, 2006 subcommittee hearing on this matter, the Board was advised that the actual sanctuary occupancy of this facility was 216 persons as opposed to the 284 persons listed in the inspection report.  The Board was further advised that this facility is currently partially sprinklered.  The Board hereby directs the Applicant to correct deficiency 1 by providing approved exit signage in the sanctuary and library areas at the direction and to the satisfaction of the Barrington Fire Marshals office.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Barrington Fire Marshals office.  
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the cited doors with approved exit hardware installed at the direction and to the satisfaction of the Barrington Fire Marshals office.  
	4.  The Board hereby directs the Applicant to correct deficiency 4 by either removing or properly rating the cited curtains and loosely hanging materials, at the direction and to the satisfaction of the Barrington Fire Marshal.
	5.  During the hearing on this matter, the Board was advised that the kitchen commercial stove is utilized only to reheat food and approximately four (4) times per year, there are Church events utilizing this kitchen.  Accordingly, the Board hereby grants a variance from the provisions of section 13.3.2.2 in order to allow the Applicant to maintain the existing cooking equipment without the additional protection outlined in NFPA 96 provided the kitchen equipment is utilized only for the reheating of food, to the satisfaction of the Barrington Fire Marshal's office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing the cited boiler room doors with an approved one-hour rating, installed at the direction and to the satisfaction of the Barrington Fire Marshal's office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by properly separating the stairway leading from the basement to the first floor from the rest of the building.
	8.  The Board notes that the inspection report covering this facility indicated that a municipally connected fire alarm system is required in all Class A and B places of assembly.  During the hearing, the Applicant requested to separate two Class C places of assembly with one-hour rated materials.  However, this was not approved by the full Board.  Accordingly, the Board hereby grants the Applicant a time variance in order to bring the fire alarm system of this facility into compliance as a municipal fire alarm system, on or before July 1, 2008.
	9.  The Board hereby grants a variance from the provisions of section 13.3.3.3 in order to allow the fully sprinklered fellowship hall and library to maintain the interior finish of the walls and ceilings.  The Board hereby directs the Applicant to provide the un-sprinklered sanctuary ceiling with an approved finish, installed at the direction and to the satisfaction of the Barrington Fire Marshal's office.
	10.  The Board hereby grants a variance in order to allow the Applicant to maintain two (2) twenty-four inch free swinging doors leading from the sanctuary to the Bradford Street foyer of this facility.

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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