Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 030266A
LOCATION OF PREMISES: 425 Branch Avenue, Providence, RI
APPLICANT: Windmill Annex Elementary School c/o Mr. Alan Sepe Director of Public Properties Providence City Hall 25 Dorrance Street Providence, RI 02903
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2003-12-19
The above-captioned case was originally on July 22, 2003 and a Decision was thereupon issued in file number 030266 on August 7, 2003.  The Applicant most recently appeared before the Board on September 30, 2003.  At that time, Chairman Farrell and Commissioners Burlingame, Pearson, Coutu, Filippi, Newbrook, OConnell, Priess and Wahlberg were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a June 10, 2003 inspection report compiled by the Providence Fire Marshals Office, and the Boards Decisions in file number 030266.  The above report was utilized by the Board, the Applicant and the Fire marshals Office during the July 22, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 10, 2003 inspection report, along with the Boards Decision in file number 030266, as its initial findings of fact.  Additionally, the Board has been advised and finds that this facility is protected by an approved sprinkler system and an approved fully supervised fire alarm system.	
CONCLUSIONS AND VARIANCE REQUESTS 
1.	It is the understanding of the Board that the Applicant has corrected deficiency 1 to the satisfaction of the Providence Fire Marshals Office.
2(a) & (b).	It is the understanding of the Board that the Applicant has corrected deficiencies 2(a) and 2(b), to the satisfaction of the Providence Fire Marshals Office, by removing all wooden chocks from the egress system doors in this facility.
3(a).	During the September 30, 2003 hearing on this matter, the Board was advised that the Applicant would correct deficiency 3 by limiting the combustibles and all other storage from the egress corridors and passageways on or before January 1, 2004.
3(b) & (c).	It is the understanding of the Board that the Applicant has corrected deficiencies 3(b) and 3(c) to the satisfaction of the Providence Fire Marshals Office.
4.	During the September 30, 2003 hearing on this matter, the Board was advised that the Applicant would correct deficiency 3 by removing the cited old door and eliminating all storage in the corridor.
5(a) & (b).	The Board hereby directs the Applicant to correct Deficiencies 5(a) and (b), within thirty (30) days of the date of this decision.
6.	As noted in file number 030266, a variance has been granted for deficiency 6.
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 of 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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