Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 030024A
LOCATION OF PREMISES: 127 Tell Street, Providence, RI
APPLICANT: Mr. Harry McNabb 2 Greenough Avenue 6 Jamaica Plain, MA 02130
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2003-09-24
The above-captioned case was re-scheduled for hearing on June 24, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Pearson, Filippi and Burlingame were present.  The Applicant had submitted a request for a time extension from a previous decision.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings in File No. 030024 as its initial findings of fact in this case.  The Board further finds that the Applicant has requested a thirty-day extension in which to complete the fire safety package as outlined in the above captioned decision.  The Applicant has further advised the Board that he has provided this facility with approved hard wired carbon monoxide and smoke detectors which will be tied into the fire alarm panel for this facility.  The Applicant further advised the Board and the Board finds that steel doors with spring hinges have been installed.  The Board further finds that fire extinguishers have been provided in each of the apartment units.  The Board further finds that the woodwork in both hallways have been treated with a Class A finish to the satisfaction of the Providence Fire Marshal.  Finally, the Board finds that the majority of the work on the fire alarm system has been completed by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time extension of thirty days from the date of this decision in order to complete the plan of action for fire safety as outlined in Board decision 030024.  

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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