FILE NO.: 170007
LOCATION OF PREMISES: 370 Commerce Park Road, North Kingstown, RI
APPLICANT: Raul Dias
Custom Design, Inc.
370 Commerce Park Road
North Kingstown, RI 02852
USE OR OCCUPANCY: Industrial
DATE OF DECISION: 2017-03-30
As indicated in the file, a hearing involving the above-captioned property was conducted on March 21, 2017 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Richard, Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals David Pastore and David DiMaio of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshal's Office.
APPLICANT: Donald DAntuano and Jeffrey Morrill.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
TRAVEL OF THE CASE
1. This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2. The Application was filed by Raul Dias (owner) of Custom Design, Inc., 370 Commerce Park Road, North Kingstown, RI dated January 11, 2017.
3. The Application was received by the Board and File 170007 was opened on January 12, 2017.
4. A hearing on the Application was conducted on March 21, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5. After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Pearson to grant the Applicant the relief as outlined herein. The motion passed on an 8 to 0 vote.
RECORD OF THE CASE
The following documents are part of the administrative record for Appeal 170007 and are pertinent to the decision rendered:
1. Variance Application 170007 dated January 11, 2017 and filed on January 12, 2017.
2. State Fire Marshals Office Inspection Report dated October 24, 2016.
3. Letter of authorization for Donald DAntuano and Jeffrey Morrill from Raul Dias dated March 21, 2017.
EXHIBITS
The following documents were presented at the March 21, 2017 hearing as exhibits:
1. AHJs photographs (5) and various code citations.
2. Applicants sprinkler system documents (3).
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 numbers of the Decision below correspond with those of the October 24, 2016 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 March 21, 2017 hearing on this matter. Accordingly, the Board hereby incorporates the October 24, 2016 inspection report 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 building is an existing 1-story with basement industrial occupancy consisting of approximately sixty-nine thousand one hundred twenty-four (69,124) square feet (gross area) and originally built in 1942.
3. The building is of Type II (000) construction and has a non-compliant fire alarm system and is provided with an approved automatic sprinkler system.
4. There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.
CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS
1. This deficiency has been corrected.
2. This deficiency has been corrected.
3. This deficiency has been corrected.
4. This deficiency has been corrected.
5. This deficiency has been corrected.
6. This deficiency has been corrected.
7. This deficiency has been corrected.
8. This deficiency has been corrected.
9. The Board grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RIFC section 43.1.2.1 by bringing the existing spray booth into compliance with NFPA 33, Standard for Spray Application Using Flammable or Combustible Materials, 2011 edition, at the direction and to the satisfaction of the State Fire Marshals Office.
10. The Board grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RIFC section 43.1.2.1 by bringing the powder coating area into compliance with NFPA 33, Standard for Spray Application Using Flammable or Combustible Materials, 2011 edition, at the direction and to the satisfaction of the State Fire Marshals Office.
11. This deficiency has been corrected.
12. The Board grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RIFC section 43.1.2.1 by developing and implementing a plan of action to bring the glue adhesive spraying area into compliance with NFPA 33, Standard for Spray Application Using Flammable or Combustible Materials, 2011 edition, at the direction and to the satisfaction of the State Fire Marshals Office.
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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
STATUS OF DECISION AND APPEAL RIGHTS
1. This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in R.I.G.L. section 42-35-12 and 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: Fire Safety Code, section 6-2-22).
2. 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: Fire Safety Code, section 6-2-23.) 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: Fire Safety Code, section 6-2-24).
3. 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: Fire Safety Code, section 6-2-25).
4. In accordance with R.I.G.L 42-35-12, 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, section 6-2-18). Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].