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.: 020171
LOCATION OF PREMISES: 33-35 Chester Street, Woonsocket, RI
APPLICANT: Mr. Charles W. Villa 3 Cross Street Hopedale, MA 01747
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2003-05-15
The above captioned case was scheduled for hearing on February 11, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Pearson, Preiss, Wahlberg, and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barosso of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard 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 June 21, 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 February 11, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 21, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency 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 existing egress system of this facility as modified herein.  In granting this variance, the Board further directs the Applicant to provide an approved Class A finish on the cited wainscoting throughout the egress system of this facility.  The Board further directs the Applicant to remove all locks and locking devices from those doors through which access to the fire escape system is achieved.  The Board directs the Applicant to provide metal rooms around the fire escape ladders installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within one hundred and twenty (120) 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 egress system door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with UL listed spring-loaded hinges and installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within one hundred and twenty (120) days of the date of this Decision.  Finally, the Board directs the Applicant to reswing the doors to the exterior in the direction of egress travel.
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 of the date of this Decision.
4.	As a condition of the variances granted herein, the Board directs the Applicant to maintain the recently installed fire alarm system as a required system.  
5.	(New Item)  As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within one hundred and twenty (120) days from the date of this Decision.
6.	(New Item)  During the hearing on this matter, the Board was advised that there is no central heating unit of this facility.  Accordingly, no requirement for enclosure or remote shutoff.
7.	(New Item)  The Board hereby grants a variance in order to allow the Applicant to maintain the existing winding stairs within this facility.  In granting this variance, it is the understanding of the Board that the Woonsocket Fire Marshals Office has no objection in light of the Applicants agreement to maintain the fire alarm system of this facility as a required system.

	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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