Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 070118
LOCATION OF PREMISES: 250 School Street, North Kingstown, RI
APPLICANT: St. Bernard's Church 415 Tower Hill Road North Kingstown, RI 2852
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2007-08-27
The above-captioned case was scheduled for hearing on April 3, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, OConnell, Blackburn and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the April 3, 2007 hearing on this matter, the Board was advised and finds that St. Bernards Church in conjunction with Group Work Camp Foundation is planning to hold a work camp in North Kingstown in the summer of 2008.  Specifically, the program would recruit some 400 volunteers to come to North Kingstown and the surrounding areas in order to do light repairs on seventy (70) houses in one week.  In order to house approximately 300 of the volunteers, the Applicant is proposing the use of Davisville Middle School as temporary housing.  Specifically, the Applicant is proposing the use of approximately 25-30 classrooms within the school depending upon the sizes of the classrooms for sleeping.  The Applicant is further proposing the use of the gymnasium for evening programs and the use of the cafeteria for breakfast and dinners.  The Applicant has advised the Board that there shall be a ratio of one (1) adult to five (5) children and that the Davisville Middle School is of masonry construction, fully fire alarmed and equipped with emergency lighting and exit signage along with appropriate exits.  The North Kingstown Fire Marshal and School Department had no objections to the plans.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a variance in order to utilize the Davisville Middle School as temporary occupancy for the volunteers of the Group Work Camps Foundation program in North Kingstown as described above for a period of approximately one (1) week during the summer of 2008.  The above variance is conditioned upon the Applicant complying fully with the plan of action developed and over seen by the North Kingstown Fire Marshals Office for the safety of the adults and children in this facility during the one (1) week.

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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