Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 080127B
LOCATION OF PREMISES: 15 Wellstown Road, Ashaway, RI
APPLICANT: Mr. David Nadeau NE Ventures, LLC 15 Wellstown Road Ashaway, RI 02804-1402
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2010-09-30
The above-captioned case was originally scheduled for hearing on June 10, 2008.  At that time, the applicant was granted a time variance to complete the hookup to the sprinkler system within this facility on or before January 1, 2009.  The Applicant thereupon returned to the Board, with the support of the Ashaway Fire Chief, to advise the Board that the anticipated date of water availability had been changed to January 1, 2010.  The Applicants requested time extension was scheduled for hearing by the Board on February 3, 2009.  Pursuant to the February 3, 2009 hearing, the Applicant was granted the extension of time in a decision in file 080127A.  
	In late 2009, the Applicant and the Ashaway Volunteer Association advised the Board that the anticipated public water system had not been established and that they would need additional time in order to comply with the original decisions.
	The Applicant returned to the Board on June 22, 2010 at which time the Board directed the applicant to prepare a final plan of action for the upgrade of the sprinkler system within this facility and to return to the Board on July 27, 2010.  Accordingly, the above captioned case was most recently scheduled for hearing on July 27, 2010 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Preiss and Richard were present.  Ashaway Fire Chief Williams was not able to attend this meeting.  However, he advised the Boards staff that he would have no objection if the Board approved the Applicants most recent request for a time extension.  A motion was made by Commissioner Richard and seconded by Commissioners Dias, Walker and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file numbers 080127 and 080127A as its initial findings of fact in this case.  In addition, the Board finds that the Applicants previous time requests were based upon the Applicants understanding that a municipal water supply would be brought to a point in closer proximity with his property.  However, the Board notes that the applicant now is proposing to utilize additional time in order to bring the water on-site and activate the sprinkler system at the direction and to the satisfaction of the Ashaway Fire Marshals Office.  It is the understanding of the Board that all other deficiencies have been corrected.
	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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
1.	The Board hereby grants the Applicant a time variance until August 1, 2011 in which to secure the necessary funding and provide this property with sufficient water supply in order to bring the sprinkler system within this facility into full compliance with the code, at the direction and to the satisfaction of the Ashaway Fire Marshals Office.  The Board notes that the Applicant has two previous time variances.  However, the Board further notes that the Applicant is now planning to conclude this project on his own, rather than waiting for a water supply to be brought in by the municipality.

STATUS OF DECISION AND APPEAL RIGHTS
	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.  (See: Board Rules and Regulations, section 6-2-17).
	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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  
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.  (See: Board Rules and Regulations, section 6-2-20).
	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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