Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 060122B
LOCATION OF PREMISES: 1210 Mendon Road, Woonsocket, RI
APPLICANT: Rev. Michael J. Woolley St. Joseph's Church 1200 Mendon Road Woonsocket, RI 02895
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2008-07-17
The above-captioned case was scheduled for hearing on June 10, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Jasparro, Blackburn, Filippi and Pearson 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 Blackburn and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings in file numbers 060122A and 060122 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has requested to reopen this file pursuant to a conversation he had with the Woonsocket Fire Marshal's office.
	Specifically, the Board finds that the existing cafeteria has been subdivided with walls and doors into three (3) areas.  One area continues to serve as a cafeteria and the other two spaces serve as a library and a computer room.  The Board finds that the walls and doors of these rooms are not rated and that the walls do not continue to the floor structure above.  The Board finds that both of the smaller rooms have exit access through the cafeteria space and also a second remote exit access leading more directly to a rated egress.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby clarifies the original decision by requiring approved egress from the library and computer rooms that are located next to the cafeteria.  Specifically, the Applicant is directed to provide two (2) corridors from these rooms if he wishes to maintain occupancy of these rooms.  It was noted that the Applicant would build a wall that would go directly out of the library to the stairs to provide direct egress from these areas.  
	The above construction shall be at the direction and to the satisfaction of the Woonsocket Fire Marshal within the original time frames provided by the Board.  Finally, the Board notes that the above clarification addresses the previous plan of action outlined for this facility and that failure of the Applicant to comply would void all previous variances granted.  

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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