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.: 020048
LOCATION OF PREMISES: 232-234 Rathbun Street, Woonsocket, RI
APPLICANT: Mr. Louis Parente PO Box 40401 Providence, RI 02940
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2002-10-30
The above captioned case was scheduled for hearing on August 6, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Newbrook, Coutu, Preiss, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Morris of the Woonsocket Fire Marshals Office.  The motion was thereupon made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Evans abstaining.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 4, 2002 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 August 6, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 4, 2002 inspection report as its initial findings of fact.
	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 existing egress system for this facility as modified herein.  In granting this variance, it is the understanding of the Board that the original bedroom on the third floor of this facility has been converted to unoccupied storage only.
	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 system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, with approved spring-loaded hinges, within one hundred and twenty (120) days of the date of this Decision.  Finally, the Board grants a variance from the above provisions in order to allow the Applicant to maintain the existing swing of the doors leading 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 provide each of the apartment units of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within fifteen (15) days from the date of this Decision.
	4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with an approved local fire alarm system.  Accordingly, as a condition of the variances granted herein, the above local fire alarm system shall be deemed a required system for 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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