Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 070144
LOCATION OF PREMISES: Cranston Street Armory, Providence, RI
APPLICANT: Director Kari Lang 1560 Westminster Street Providence, RI 02909
USE OR OCCUPANCY: Other
DATE OF DECISION: 2007-08-23
The above-captioned case was scheduled for hearing on April 10, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Preiss, OConnell, Newbrook, Blackburn and Filippi were present.  The fire service was represented by State Fire Marshal George Farrell of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the West Broadway Neighborhood Association has formally requested to use the Cranston Street Armory from the State Properties Committee for Tuesday, May 3, 2007 or Friday May 11, 2007 from 7:00 P.M. to 11:00 P.M.  The Board further finds that the Association is asking the Fire Safety Board of Appeal and Review for this one-time change of use in order to conduct an art exhibition that will include a call to artist, to create a theme of the Armory.  It is a further understanding of the Board that the event will be open to all ages and backgrounds and the pieces will be on display at the event.  The State Fire Marshal appeared and stated that he supported the request and that the event would be limited to the Drill Hall and Ballroom more likely for the evening of May 11, 2007.  The Marshal also advised the Board that the event had been approved by the State Property Committee and this area would be properly sprinklered and alarmed and provided with approved egress along with members of the State Fire Marshals Office acting as a fire detail.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicants request to conduct a one-time art show on May 11, 2007 from 7:00 P.M. to 11:00 P.M.  in the Cranston Street Armory facility.  In granting this variance, the Board directs the State Fire Marshals Office to provide members of that office as a fire detail and to further ensure that all necessary fire safeguards are maintained during the course of that event.

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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