Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040482A
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: 2008-11-14
The above-captioned case was originally before a subcommittee of the Board on February 8, 2006 and the subcommittee recommendations were reviewed and approved by the full Board on February 14, 2006.  A written decision was thereupon issued on April 25, 2006 outlining the plan of action for this facility.  Subsequent to the issuance of the written decision, the legislature established guidelines for places of worship and, pursuant to these guidelines, the Board issued a fifteen-point plan covering places of worship.  In light of the new rules covering places of worship, the Applicant requested the Barrington Fire Chief to re-inspect this facility.  This re-inspection was completed on June 4, 2008.  The Applicant thereupon requested the Board to review the facility in light of the new inspection.
The above captioned case was most recently scheduled for hearing on August 5, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jasparro, Richard, Jackson, Preiss, Pearson, Dias and Walker 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 Pearson and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 040482 as its initial findings of fact in this case.  In addition, the Board adopts a June 17, 2008 inspection report compiled by the Barrington Fire Marshals Office as its follow-up findings of fact in this case.  The numbers of the decision below correspond with those of the June 17, 2008 inspection report which was utilized by the Board, the Applicant and the Barrington Fire Marshals Office during the hearing on this matter. 
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1-5.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Barrington Fire Marshal's office in accordance with the fifteen-point plan of action and the timetables therein.
	6.  The Board hereby grants a variance from the provisions of sections 13.3.3.1 and 13.3.3.2 and their referenced standards in order to allow the Applicant to maintain the existing ceiling material in the sanctuary of this facility in conjunction with approved beam detection as part of the fire alarm system for this place of worship.

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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