Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 020006
LOCATION OF PREMISES: 528-530 Privilege Street, Woonsocket, RI
APPLICANT: Nga Le 600 Cass Avenue Woonsocket, RI 002895
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2002-08-30
The above-captioned case was scheduled for hearing on June 25, 2002 at 1:00 P.M.  At that time, Acting Chairman Richard and Commissioners Coutu, Preiss, Burlingame, Wahlberg, and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Morris of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of report 01-22 compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Woonsocket Fire Marshal and the Applicant during the June 25, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates report 01-22 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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape is achieved.  The Board further directs the Applicant to provide any wainscoting within the egress system with an approved Class A finish installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.  The above corrections shall be effected by the Applicant within ninety (90) days from the date of this Decision.
	2.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the existing apartment and basement door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes, equipped with spring-loaded hinges, and installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within ninety (90) days from the date of this Decision.  Finally, the Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of those doors leading directly to the exterior of this facility.
	3.	The Board hereby grants a variance from the provisions of Section 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the Applicant to maintain each of the apartment units of this facility with an approved fire extinguisher, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within fifteen (15) days from the date of this Decision.
	4.	As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the fire alarm system within this facility as a required system for the purposes of maintenance.
	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.  
	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.  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.  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.  
	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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