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.: 020150
LOCATION OF PREMISES: 68 Hope Street, Woonsocket, RI
APPLICANT: Mr. John O'Hearne PO Box 1213 Slatersville, RI 02876
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2002-10-18
The above captioned case was scheduled for hearing by a subcommittee o the Board on July 30, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, OConnell, Newbrook, Preiss and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshals Blaise and Barosso of the Woonsocket Fire Marshals Office.  A preliminary motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  This motion was unanimous.  The subcommittees recommendation was subsequently reviewed by the Board on August 6, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Newbrook, Preiss, Coutu, Pearson and Evans were present.  The motion was thereupon made by Commissioner Evans and seconded by Commissioner Coutu.  The motion was unanimous.  

FINDINGS OF FACT
	During the July 30, 2002 subcommittee on this matter, the Board was advised and finds that the Applicant was renovating an old school building to use the first and second floors as a day care occupancy and to utilize the third and fourth levels as a business occupancy.  The Applicant is further proposing to maintain the historic doors of this facility by providing approved sprinkler coverage on both sides of the door and to further providing the doors with an approved flame retardant finish.  Finally, the Applicant advised the board that this facility shall be fully alarmed and sprinklered and, in all other respects, be brought into compliance with the code.
	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.	In light of the above, the Board hereby grants a variance in order to allow the Applicant to maintain the historic doors throughout this facility.  As a condition of this variance, the Board directs the Applicant to provide approved NFPA 13 sprinkler head coverage on both sides of the historic doors that the Applicant wishes to preserve and to further provide these doors with an approved flame retardant finish to the satisfaction of the Woonsocket Fire Marshals Office.  It is the understanding of the Board that the Woonsocket Fire Marshals Office has no objection to the Applicants plan of action in light of the sprinkler and fire alarm systems to be installed within this facility.

	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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