Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 070541
LOCATION OF PREMISES: 118 Parade Street, Providence, RI
APPLICANT: Mr. Edward Sanderson, Executive Director RI Historical Preservation & Heritage Commission 150 Benefit Street Providence, RI 02903
USE OR OCCUPANCY: Assembly
DATE OF DECISION: 2008-04-02
The above-captioned case was scheduled for hearing on January 8, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Walker, Jasparro, Preiss, Pearson and Jackson were present.  The fire service was represented by Deputy State Fire Marshal Richard James of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the Applicant has requested a variance to allow a temporary change of occupancy for a one-time assembly use at the Cranston Street Armory in Providence on Saturday, April 12, 2008.  The Board finds that the Applicant seeks to use the Armory as the lead venue for the 23rd annual RI Statewide Historical Preservation conference.  The Board further finds that 2008 marks the 40th anniversary of the RIHPHC and so congratulates the Applicant.
	The Board further finds that the Applicant requires use of The Armory between the hours of 6:30 AM to 4:00 PM.  The specific schedule is outlined on an October 30, 2007 letter to the Board that has been reviewed and approved by the State Fire Marshals Office.  Finally, the Board finds that the State Fire Marshals Office has no objection to the Applicants request for this relief.

CONCLUSIONS AND VARIANCE REQUESTS 
1.	The Board hereby grants a variance in order to allow the Applicant to utilize this facility as a temporary assembly use on Saturday, April 13, 2008 in accordance with the schedule submitted in the Applicants October 30, 2007 letter.  In granting this relief, the Board directs the Applicant to provide any additional safeguards deemed necessary by the State Fire Marshals Office during this temporary assembly occupancy of the facility.  Finally, it is the understanding of the Board that the State Fire Marshals Office has no objection to this request.

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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