Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 020159
LOCATION OF PREMISES: 150 Waterman Street, Providence, RI
APPLICANT: Mr. Charles Samos 141 Waterman Street Providence, RI 02906
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2002-11-07
The above captioned case was scheduled for hearing on August 20, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Burlingame, Filippi, Newbrook, Wahlberg, Preiss, Pearson and Evans were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshals Office.  The motion was thereupon made by Commissioner Burlingame and seconded by Commissioner Pearson 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 February 11, 2002 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the August 20, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 11, 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.	It is the understanding of the Board that the Applicant has corrected deficiency 1, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	The Board hereby directs the Applicant to correct deficiency 2 by providing the two (2) main classroom doors and the basement door with approved self-closures, installed at the direction and to the satisfaction of the State Fire Marshals Office.  The Board hereby grants a variance from the provisions of the fire alarm code in order to allow the Applicant to provide the above doors with approved fire alarm activated hold-open devices.  The above doors shall be equipped with closures within sixty (60) days from the date of this Decision.
3-9.	It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4, 5, 6, 7, 8 & 9 to the satisfaction of the State Fire Marshals Office.  

	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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