Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040280A
LOCATION OF PREMISES: 2 Chestnut Drive (Meadowbrook School), East Greenwich, RI
APPLICANT: William Sequino, Jr. Town Manager Town of East Greenwich 125 Main Street PO Box 111 East Greenwich, RI 02818
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2005-09-15
The above-captioned cases were scheduled for hearing on June 28, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, Filippi and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	By correspondence dated May 9, 2005, and June 6, 2005, along with testimony given during the June 28, 2005 hearing, the Board was advised and finds that the school department rents out facilities within the above schools to the town and to other unrelated groups.  While there are many one-time usages of the facility, there are other events that are held on a regular basis.  The Applicant and the East Greenwich Fire Marshals Office have sought advice as to how to proceed with these events.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby affirms the authority of the East Greenwich Fire Marshal to approve any plan of action or use of the school by either the town or by an unrelated group.  Once such a plan of action is approved, the facility may then be utilized by the town or the outside group without the need of providing the facility with additional suppression systems.  However, the Board notes that failure of the town of the outside group to adhere to all of the restrictions and other safeguards placed upon the outside use of the facility could result in fines and/or required upgrade of the suppression systems within these facilities.

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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