Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
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DECISION
FILE NO.: 020030
LOCATION OF PREMISES: 130 East School Street, Woonsocket, RI
APPLICANT: Mr. Angelo Mencucci 74 Hillsdale Street Woonsocket, RI 02895
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2002-09-11
The above captioned case was scheduled for hearing on July 16, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Evans, Preiss, Wahlberg, and OConnell 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 Preiss and seconded by Commissioner Evans 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 a December 12, 2001 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 July 16, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the December 12, 2001 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 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 Sections 23-28.16-2 & 5 in order to allow the Applicant to maintain the existing egress system of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide the egress system door jambs of this facility with approved steel or solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The Board further directs the Applicant to provide an approved Class A finish on the wainscoting within the egress system of this facility.  This variance is granted pursuant to the Applicants agreement to provide this facility with an approved fire alarm system.
	2.	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 twenty (20) minute steel doors in several of the egress doorjambs of this facility.  The Board further grants a variance in order to allow the Applicant to provide the remaining egress doors of this facility with either solid core or steel doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further installed with spring-loaded hinges and installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
	3.	The Board directs the Applicant to correct deficiency 3, by either providing approved fire extinguishers in accordance with NFPA Standard 10, 1988 edition or to provide each of the apartment units with approved fire extinguishing equipment at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  In any event, the Board directs the Applicant to install the above extinguishers within fifteen (15) days from the date of this Decision.
	4.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office, in accordance with the provisions of Section 23-28.16-16 and the local fire alarm provisions recently adopted by the Board.  The above fire alarm system shall be installed within one hundred and twenty (120) days from the date of this Decision.
	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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