Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040368A
LOCATION OF PREMISES: 27 Middle Highway (Westgate Business Building), Barrington, RI
APPLICANT: Zion Bible Institute 27 Middle Highway Barrington, RI 02806
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2007-07-19
The above-captioned cases were originally scheduled for hearing on February 15, 2005 and thereupon rescheduled for March 1, 2005.  Prior to an initial hearing, a representative of the Board toured the facility with the Applicant and the Barrington Fire Marshal on February 10, 2005.  After the initial hearing, it was determined that an additional subcommittee on-site review of this facility would be beneficial.  Accordingly, a subcommittee of the Board again toured the facility on March 9, 2005.  At that time, the Applicant and the Barrington Fire Marshal's office were directed to provide the Board with a comprehensive plan of action for the fire safety of this complex.  That plan was completed and the above captioned cases were thereupon rescheduled for hearing on May 3, 2005 at 1:00 P.M.  The plan of action was accepted and a decision in file numbers 040357 through 040368 was issued on July 21, 2005.  
The Applicant subsequently determined that he would need additional time in order to fully comply with the plan of action he had originally proposed to the Board.  The Applicant further advised the Board that the additional time was necessary in the event that the Applicant would discontinue the use of this facility.  In order to provide the Applicant with an opportunity to fully review the original mandates and to have additional time to either bring this facility into compliance with the original decision or to possibly change the use of the facility, the Board directed that the matter should be heard on January 9, 2007.  Accordingly, the above captioned cases were rescheduled for hearing on January 9, 2007 at 1:00 p.m.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Gerald Bessette of the Barrington Fire Marshal's office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein and to further leave the file open.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts as its initial findings of fact its decision in file numbers 040357 through 040368 as published on July 21, 2005.  In addition, the Board notes that the numbers of the decision below correspond with those of a January 9, 2007 proposal for fire code completion submitted by the Applicant.   The above proposal for completion was utilized by the Board, the Applicant and the Barrington Fire Marshals Office during the January 9, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the January 9, 2007 proposal for fire code completion as its additional 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.  (Chase and Wilson Dormitories  Appeals 040365 and 040366)  The Board hereby grants a variance from the timelines in the original decision in this matter in order to allow the Applicant to complete the fire code corrections at the Chase and Wilson dormitories on or before the end of August, 2007.  The Board notes that the Applicant has projected that the dorm rooms on the top floors of these facilities were to be completed by March 31, 2007.  Further, all floors were to be completed by August 31, 2007.  Finally, the Board notes that the Applicant has further advised that the basement doors of these facilities were to be completed by January 31, 2007.
	2.  (Heroo Dormitory  Appeal 040364)  The Board hereby extends the original timeline for the completion of the fire code deficiencies at the Heroo Dormitory to on or before December 31, 2008.  The Board notes that the Applicant projects that the eight (8) hallway entrance doors shall be completed on or before July 15, 2007.  The Board further notes that the Applicant projects that all dorm doors shall be completed on or before December 31, 2007.  The Board further notes that the laundry room door is projected to be completed on or before December 31, 2008 and that the boiler room door is projected to be completed on or before December 31, 2008.  The Board further notes that the basement stairwell is to be completed on or before December 31, 2008 and that all holes in the walls have been corrected by the Applicant.
	3.  (Union Building  Appeal 040362)  The Board hereby extends the original deadline for the completion of the Union Building to January 31, 2008.  The Board notes that the Applicant has currently corrected the fire suppression system in the kitchen.  The Board further notes that the Applicant plans to provide approved panic hardware on all of the exit doors on or before August 31, 2007.  The Board further notes that the ninety (90) minute fire doors in the rear of the building are planned to be installed on or before July 31, 2007.  The Board further notes that the new boiler room doors shall be installed on or before January 31, 2008 and that the fire wall and doors in the old bookstore shall be installed on or before January 31, 2008.
	4.  (Chapel/Gymnasium Building  Appeal 040367)  The Board hereby extends the original deadline to correct the deficiencies in the Chapel/Gymnasium Building to on or before December 31, 2007.  The Board notes that the Applicant plans to have panic hardware on the Chapel/Gym doors on or before December 15, 2007.  It is the further understanding of the Board that all sound wires shall be covered on or before January 31, 2007 and that the boiler room door shall be installed on or before December 31, 2007.
	5.  (CAD Building  040360)  The Board hereby extends the original deadline for bringing the CAD building into compliance to January 31, 2007.  The Board further directs the Applicant to provide approved panic hardware for the doors and to correct the boiler room at the direction and to the satisfaction of the Barrington Fire Marshal's office.
	6.  (General Office  Appeal 040358)  The Board hereby extends the original deadline for compliance for the General Office to August 31, 2007.  It is the understanding of the Board that the Applicant shall also install fire dampers within this facility, at the direction and to the satisfaction of the Barrington Fire Marshal's office.
	7.  (Gibson/Castle Building  Appeal 040367)  The Board hereby extends the original deadline for compliance for the Gibson/Castle Building to December 31, 2008.  The Board notes that the Applicant shall provide the Gibson/Castle Building with an approved fire alarm system, approved doors, approved sprinkler and suppression systems and addressing the upgrades of the rear stairwell with regard to both the doors and the windows.  The above corrections of the Gibson/Castle building shall be made at 
the direction and to the satisfaction of the Barrington Fire Marshal's office and be completed on or before December 31, 2007.
	8.  The above plan of action shall be complied with by the Applicant at the direction and to the satisfaction of the Barrington Fire Marshal's office.  The Board hereby leaves the file open in the event either the Applicant or the Barrington Fire Marshal's office needs clarification, additional information and/or variances.

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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