Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060108A
LOCATION OF PREMISES: 180 Sayles Avenue (Fr. Holland School), Burrillville, RI
APPLICANT: Diocese of Providence One Cathedral Square Providence, RI 02903
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2008-05-14
The above-captioned case was scheduled for hearing on February 5, 2008 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Walker, Jackson, Preiss, Blackburn and Richard were present.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts as its initial findings of fact the building description outlined in the May 24, 2007 annual inspection report compiled by the Pascoag Fire Marshal's office.  The Board further finds that the Applicant is in the process of upgrading the doors and fire alarm system along with the other deficiencies noted in this facility.  The Board further finds that the Applicant has experienced delays in compliance due to a lack of contractors availability.  The Board further finds that the Applicant is requesting an extension to bring this facility into full compliance with the code.
findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance in order to bring this facility into full compliance with the code, at the direction and to the satisfaction of the Pascoag Fire Marshal's office, on or before the commencement of the 2008/2009 academic year in September of 2008.  The Board hereby grants the Pascoag Fire Marshal's office the authority to extend the above deadline for good cause shown, upon consultation with the Applicant.

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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