Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040212C
LOCATION OF PREMISES: 14 Butterfield Road (Hopkins Hall), Kingston, RI
APPLICANT: University of Rhode Island c/o J. Kevin Culley, Director URI Safety and Risk Management 177 Plains Road Kingston, RI 02881
USE OR OCCUPANCY: Hotels and Dormitories
DATE OF DECISION: 2007-08-03
The above-captioned cases were originally reviewed by subcommittees of the Board on December 19, 2005 and thereupon scheduled for hearing on December 20, 2005.  At that hearing the Board approved a comprehensive action plan for these facilities along with several other dormitories within the URI complex.  Due to construction schedule changes and changes in the occupancy date of these facilities, the Applicant has returned requesting that the original decision be modified.  Accordingly, a new hearing was scheduled for February 27, 2007.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Filippi, OConnell and Pearson were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Blackburn abstaining from the vote.
  
FINDINGS OF FACT
	This matter was previously before the Board and a decision, covering the above captioned facilities along with several other dormitories, was mailed to the parties on March 24, 2006.  Accordingly, the Board hereby incorporates as its initial findings of fact the March 24, 2006 decision.  Any modification of the Boards findings such as the correction of a deficiency by the Applicant shall be noted herein.  In addition, the Board finds that due to construction and occupancy schedules, the Applicant wishes to change the time lines covering the above captioned facilities.  The Applicants plan was outlined in a December 28, 2006 letter that is also incorporated herein.  It is the understanding of the Board that all other fire code deficiencies shall be corrected by the Applicant.
	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 amends its decision in file number 040211 covering Ellery Hall located at 8 Complex Road by deleting the deadline of September 2007 and replacing this deadline with September 2009.
2.	The Board hereby amends file number 040210 covering Dorr Hall located at 10 Complex Road by deleting the deadline of September 2008 and substituting the deadline of September 2009.
3.	The Board hereby amends its decision in file number 040221 covering Aldrich Hall located at 22 Butterfield Road by deleting the deadline of September 2009 and substituting the deadline of September 2007.
4.	The Board hereby amends its decision in file number 040212 covering Hopkins Hall located at 14 Butterfield Road by deleting the deadline of September 2009 and substituting the deadline of September 2007.

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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