Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 030396
LOCATION OF PREMISES: 770-774 Social Street, Woonsocket, RI
APPLICANT: Mei Chen 774 Social Street Woonsocket, RI 02895
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2007-02-09
The above-captioned case was scheduled for hearing before a subcommittee of the Board on October 18, 2006 at 9:00 A.M.  At that time, Chairman Coutu and Commissioner Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Papa of the Woonsocket Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on October 24, 2006 and approved pursuant to a motion made by Commissioner OConnell and seconded by Commissioner Richard.  Accordingly, the subcommittee recommendations now have the status of a full Board decision. 

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 14, 2005 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the October 18, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 14, 2005 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to allow the Applicant to correct deficiency 1 by upgrading the fire alarm system within this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Woonsocket Fire Marshal's office is hereby authorized to extend the above deadline for good faith efforts shown.
	2.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to provide this facility with approved carbon monoxide detection installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Woonsocket Fire Marshal is hereby authorized to extend the above deadline for good cause shown.
	3.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to allow the Applicant to correct the emergency lighting within this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Woonsocket Fire Marshal is hereby authorized to extend the above deadline for good cause shown.
	4.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to provide this facility with approved exit signage installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Woonsocket Fire Marshal is hereby authorized to extend the above deadline for good cause shown.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly rating the underside of the roof to protect those who egress from the fire escape across the roof to the ladder to the ground.  
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by sealing off the cited penetrations within the egress stairways.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by treating the cited wainscoting with an approved flame spread rated material.  
	8.  It is the understanding of the Board that item 8 is not a deficiency.
	9.  It is the understanding of the Board that item 9 is not a deficiency.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing the approved doors with approved self-closing hinges and properly fitting the doors into the existing door frames.  
	11.  The Board hereby directs the Applicant to correct deficiency 11 by removing the cited locks at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	12.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to correct deficiency 12 by providing the boilers within this facility with approved remote shut-off switches, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Woonsocket Fire Marshal is hereby authorized to extend the above deadline for good cause shown.
	13.  It is the understanding of the Board that item 13 is not a deficiency.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing the apartment units with approved fire extinguishers.
	15.  The Board hereby directs the Applicant to correct deficiency 15 by providing this facility with approved domestically supplied sprinkler heads, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office within sixty (60) days of the date of this decision.  The Woonsocket Fire Marshal's office is authorized to extend the above deadline for good cause shown.
	16.  The Board hereby directs the Applicant to correct any other deficiencies noted by the Woonsocket Fire Marshal's office, at the direction, to the satisfaction and within a timetable established by that office.  Specifically, the Applicant is directed to correct the housekeeping in the basement of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.

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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