Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 060041A
LOCATION OF PREMISES: 111 Pilgrim Parkway (Pilgrim High School), Warwick, RI
APPLICANT: Mr. E. Paul Jansson Construction Coordinator Warwick School Department 150 Draper Avenue Warwick, RI 02889
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2007-10-17
The above-captioned cases, along with an additional seventeen (17) schools, were before the Board in March of 2006.  At that time, the Board directed the Applicant to work with the Warwick Fire Marshal's office to develop a comprehensive plan of action for these facilities.  The Applicant has now returned with the Warwick Fire Marshal to advise the Board that the vast majority of the original deficiencies have been addressed.  The Applicant and the Warwick Fire Marshal's office have further advised the Board that they have developed a plan of action which requires limited structural variances along with additional time.  The Applicants plan of action was dated April 26, 2007.
The above captioned cases were most recently scheduled for hearing by the Board on June 19, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Jasparro, Preiss, Filippi and OConnell were present.  Commissioner Jackson recused himself from consideration of these cases.  The fire service was represented by Assistant Deputy State Fire Marshal Stephen Hughes of the Warwick Fire Marshals Office.  A motion to approve the plan of action and the timetables requested was made by Commissioner Preiss and seconded by Commissioner OConnell.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in its original decision covering these facilities dated June 9, 2006.  In addition, the Board hereby incorporates the April 26, 2007 cover letter from the Applicant along with the April 27, 2007 permanent variance request of the Applicant as its follow-up findings of fact in this case.  
	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 adopts the Applicants April 27, 2007 permanent variance request for the above captioned facilities and timetable request as outlined in the April 26, 2007 letter to the Board.  The above variances are granted pursuant to continued good faith efforts by the Applicant in addressing these deficiencies in bringing this project to a prompt conclusion.  The Board shall further maintain these files as open files in the event either the Applicant and/or the Warwick Fire Marshal's office have additional issues to be addressed by the Board.

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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