Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
(401) 889-5551 phone
(401) 889-5279 fax
711 TTY
FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
560 Jefferson Boulevard
Suite 202
Warwick, RI 02886
DECISION
FILE NO.: 060122A
LOCATION OF PREMISES: 1210 Mendon Road (Good Shepherd School), Woonsocket, RI
APPLICANT: Rev. Michael J. Woolley St. Joseph's Church 1200 Mendon Road Woonsocket, RI 02895
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2008-03-04
The above-captioned case was scheduled for hearing on December 4, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Filippi, Walker, Preiss, Blackburn, Richard, Jackson and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jackson 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 a May 29, 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 December 4, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the May 29, 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 grants the Applicant a time variance in order to update the fire alarm system of this facility to approved municipally connected standards prior to the commencement of the 2008-2009 school year in September of 2008.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by properly rating the paneling in the main entry/egress corridor of this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office, prior to the commencement of the 2009-2010 school year in September of 2009.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by either providing or maintaining the existing classroom, office and storage room door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board notes that any doors servicing hazardous areas or rooms shall be equipped with C-labeled doors maintaining an approximate fire rating of forty-five (45) minutes, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board hereby directs the Applicant to make the above corrections on or before the commencement of the 2009-2010 school year in September of 2009.
	4.  During the December 4, 2007 hearing on this matter, the Board was advised that the Applicant would eliminate the assembly use of the cited area, therefore eliminating the need for separation between the occupancies.
	5.  The Board hereby grants a variance in order to allow the Applicant to maintain an outside occupancy of less than three hundred (300) people in the assembly area in order to eliminate the need for sprinkler coverage in this area.  Accordingly, the Board directs the Applicant to develop a plan of action for the reduced occupancy of this area and to provide the Woonsocket Fire Marshal's office with a floor plan addressing the use of this area by bingo patrons and other large groups.
	6-9.  The Board hereby directs the Applicant to correct deficiencies 6, 7, 8 and 9 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office prior to the commencement of the 2009-2010 academic year in September of 2009.
	10.  In reviewing deficiency 10, the Woonsocket Fire Marshal noted that this may not be a violation due to the fact that the cited classrooms maintain doors from classroom to classroom in order to allow emergency egress from the building without utilizing the corridor system.
	11.  The Board hereby grants a variance from the provisions of section 15.2.3.2 in order to maintain the existing corridor width of 68 in the area of the fire doors.  This variance is granted on the basis of structural hardship.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by removing the cited storage.
	13-14.  The Board hereby directs the Applicant to correct deficiencies 13 and 14 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office prior to the commencement of the 2009-2010 academic year in September of 2009.

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)].
rhode island coat of arms A Rhode Island Government Web site