Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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DECISION
FILE NO.: 080127C
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: 2012-03-23
The above-captioned case was originally scheduled for hearing on June 10, 2008 and at that time the Applicant was granted a time variance to complete the hook-up of the sprinkler system in this facility on or before January 1, 2009.  The Applicant then returned to the Board with the support of the Ashaway Fire Chief to advise the Board that the anticipated date for water availability had been changed to January 1, 2010.  The Applicant was thereupon granted a time extension in the decision in file number 080127A.  The Board was subsequently advised by the Applicant and the Ashaway Fire Department that the anticipated public water system had not been established and that they would need additional time.  Accordingly, the Applicant returned to the Board and was granted additional time.
	The Board was subsequently advised that the projected water supply was not forthcoming, and therefore the Applicant had developed a stop gap plan of action to charge the sprinkler system until such time as the main water supply was established.  The stop-gap plan dated July 25, 2011 and revised on July 27, 2011 was presented to the Board on March 6, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Woodard of the Ashaway Fire District Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Jasparro to allow the parties to proceed with the Fire Service Action Plan:  Renova Lighting:  Hopkinton, Rhode Island.  The motion passed with five (5) Commissioners voting in favor and four (4) Commissioners voting against.  Commissioner Richard abstained from this vote.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file numbers 080127, 080127A and 080127B as its initial findings of fact in this case.  In addition, the Board hereby incorporates the attached Fire Service Action Plan:  Renova Lighting:  Hopkinton, Rhode Island plan of action submitted by the parties.  A copy of this action plan is hereby attached as Exhibit A to this decision.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby adopts the attached Exhibit A Fire Service Action Plan:  Renova Lighting:  Hopkinton, Rhode Island July 27, 2011 plan of action submitted by the parties.  Accordingly, the Board hereby grants the parties the authority to proceed under the terms of the July 27, 2011 plan of action in eventually bringing this facility into full compliance with the Code.  The Board notes that this plan of action is an appropriate stop-gap measure and that the Ashaway Fire District Fire Marshals Office has no objection.
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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