Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060117A
LOCATION OF PREMISES: 1371 Park Avenue (Msgr. Gadoury School), Woonsocket, RI
APPLICANT: Very Rev. Maurice L. Brindamour Our Lady, Queen of Martyrs Church 1409 Park Avenue Woonsocket, RI 02895
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2008-03-06
The above-captioned case was scheduled for hearing on November 27, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Filippi, Walker, Jasparro, Jackson, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 27, 2007 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the November 27, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the April 27, 2007 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 by upgrading the municipal fire alarm in this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office, on or before the commencement of the 2008-2009 academic year.  The Board hereby authorizes the Woonsocket Fire Marshal's office to extend the above deadline for good faith efforts being made by the Applicant.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2.
	3.  The Board hereby grants a variance from the provisions of section 7.1.3.2 in order to allow the Applicant to maintain the existing doors in the classrooms, offices and storage rooms of this facility. 
	4.  The Board hereby grants the Applicant a time variance until the commencement of the 2008-2009 academic year, in order to correct deficiency 4 by providing approved separation between the educational facility and the place of assembly, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  Specifically, the Board directs that the Applicant provide a rated assembly between the school and the assembly area below and an approved separation with rated assembly in the attic between the school and the assembly occupancy.  The attic space shall be compartmentalized at the direction and to the satisfaction of the Woonsocket Fire Marshal's office, and the two (2) separate assemblies shall be at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	5.  During the November 27, 2007 hearing on this matter, the Board was advised and finds that the occupancy of those individuals utilizing the bingo hall has been historically maintained at a maximum of 230 people.  Accordingly, the Board hereby authorizes the Woonsocket Fire Marshal to post a maximum occupancy of the hall utilized for bingo at three hundred (300) people.  Accordingly, this assembly hall would not be required to be sprinklered as the result of the occasional bingo occupancy.
	6.  The Board hereby grants a variance from the provisions of sections 7.2.6.2 and 8.3.3.1 in order to recognize that the existing transoms consisting of  wire glass in metal frame are roughly equivalent to the required rating of the area in which they have been installed.  Accordingly, the Applicant is allowed to maintain the existing  wire glass transoms in metal frame in this area.
	7-10.  The Board hereby grants the Applicant a time variance until the commencement of the 2008-2009 academic year in order to correct deficiencies 7, 8, 9 and 10 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  In the event the Woonsocket Fire Marshal's office determines that additional time may be necessary and that the Applicant is proceeding in good faith, the Woonsocket Fire Marshal's office is hereby authorized to extend this and all of the other time variances within this decision.
	11.  The Board hereby grants a variance from the provisions of section 13.2.3.7.2 in order to allow the Applicant to maintain the existing remoteness of exits in the Scouts Hall and to further post this area at under fifty (50) people.  In granting this relief, it is the understanding of the Board that this area is not open to the public and that the Scouts and other organizations that utilize this area are completely familiar with it and supervised by adults.
	12.  The Board hereby grants a variance from the provisions of section 15.2.3.2 in order to allow the Applicant to maintain the existing cited corridor width in this facility.  This variance is granted on the basis of structural hardship.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by removing the obstructions within the egress system at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	15.  In the event the Applicant needs to occasionally increase the assembly occupancy of this facility to levels beyond those identified in this decision, the Board hereby directs the Applicant to work with the Woonsocket Fire Marshal's office in developing a plan of action for the occasional temporary increase in occupancy due to special events prior to those special events.

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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