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.: 160092
LOCATION OF PREMISES: 223 Brook Street, Providence, RI
APPLICANT: Commissioner of Public Safety Steven M. Pare Providence Public Safety Complex 325 Washington Street Providence, RI 02903
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2016-06-29
As indicated in the file, an administrative review of an Order of Abatement involving the above-captioned property was conducted on June 21, 2016 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Fire Safety Code Section 6-5-3.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Richard, Filippi, Walker, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: State Fire Marshal John E. Chartier and Chief Deputy State Fire Marshal James Gumbley of the State Fire Marshal's Office.
APPLICANT: Commissioner Steven M. Par and Alan Sepe.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is a Request for Emergency Appeal of Order of Abatement filed pursuant to R.I.G.L. Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Appeal was filed by Commissioner of Public Safety Steven M. Par (authorized representative) of the City of Providence, 325 Washington Street, Providence, RI dated June 20, 2016.
3.	The Appeal was received by the Board on June 20, 2016 at 5:57 PM and an expedited review subsequently scheduled for June 21, 2016.
4.	An expedited review of the Order of Abatement was conducted on June 21, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  After review of all evidence presented by the parties, a motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to UPHOLD the Order of Abatement as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160092 and are pertinent to the decision rendered:

1.	Order of Abatement by State Fire Marshal John E. Chartier of the State Fire Marshal's Office dated June 20, 2016.
2.	Email Request for Emergency Appeal of Order of Abatement from Commissioner Steven Par of the City of Providence dated June 20, 2016.

EXHIBITS

The following documents were presented at the June 21, 2016 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The Decision below corresponds with the State Fire Marshal's Office Order of Abatement dated June 20, 2016 and Applicants Request for Emergency Appeal dated June 20, 2016.  The above Order and Request were utilized by the Board during the June 21, 2016 review on this matter.  Accordingly, the Board hereby incorporates the Order and Request 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.
2.	The Board finds that the State Fire Marshal has made a determination that conditions exist at the above-captioned location that present an immediate danger to life, warranting the instant abatement proceedings in accordance with Rhode Island Fire Safety Code Section 6-5-1 and Rhode Island Fire Code Section 1.7.6.2.

CONCLUSIONS OF LAW AND DETERMINATIONS
ON ORDER OF ABATEMENT APPEAL

1.	In accordance with Fire Safety Code Section 6-5-3, the Board hereby UPHOLDS the State Fire Marshal's Office Order of Abatement dated June 20, 2016 and mandates continued compliance with the conditions set forth therein as follows:
a.	The use of any floor above the main floor, i.e. the apparatus floor is restricted to employees only and there shall be no occupancy by members of the public;
b.	This limited use of any floor above the main floor is authorized for a period of two (2) weeks from the date of the Order [June 20, 2016], after which time all operations and activities on this floor shall be vacated and relocated to another location; and,
c.	A firefighter detail for this facility shall be assigned during all hours of operation until such time that the individual fire alarm system becomes code compliant.
2.	The Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional review or relief be required for the continued occupancy of this facility.

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.
2.	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.  (See: Fire Safety Code, sections 6-2-18 and 6-5-3).  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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