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.: MO18-01
LOCATION OF PREMISES: Municipal Ordinance - Town of Tiverton
APPLICANT: Thomas Mello, ADSFM Tiverton Fire Department 85 Main Road Tiverton, RI 02878
USE OR OCCUPANCY: Other
DATE OF DECISION: 2018-07-03
As indicated in the file, a hearing involving the below-captioned local ordinance was conducted on Tuesday, June 19, 2018 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.1-2(b) (3).
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Booth, Thornton, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Thomas Mello of the Tiverton Fire Marshals Office.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is a Petition for Approval of Local Ordinances and Orders filed under RIGL chapter 23-28.1-2, entitled Fire Safety Code  General Provisions, and the Administrative Regulations promulgated thereunder.
2.	The Petition was filed by Thomas Mello of the Tiverton, RI Fire Department dated June 11, 2018.
3.	The Petition was received by the Board and File  MO  18-01 was opened on June 11, 2018.
4.	A hearing on the Petition was conducted on June 19, 2018 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 Vice-Chairman Blackburn and seconded by Commissioner Thornton to approve the local ordinance.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  MO  18-01 and are pertinent to the decision rendered:

1.	Petition Application  MO  18-001 dated June 11, 2018 and filed on June 11, 2018.
2.	Tiverton Town Ordinance Appendix B Land Development and Subdivision Regulations Article VI Minor Land Development or Subdivision: Sec. 23-62. Water service, as amended June 5, 2018.
EXHIBITS

The following documents were presented at the mmddyy 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 issue before the Board is the approval under Rhode Island General Laws, 1956, as amended, section 23-28.1-2(3) of a local ordinance , to wit Tiverton Town Ordinance Appendix B Land Development and Subdivision Regulations Article VI Minor Land Development or Subdivision: Sec. 23-62. Water service, as amended June 5, 2018.
2.	The Board finds that:
a.	the ordinance presented imposes requirements that are equal to, additional to, or more stringent than those contained in the State Fire Safety Code [RIFC section 18.3];
b.	the application of the ordinance will be prospective in nature;
c.	that the ordinance was adopted pursuant to a public hearing held on or about June 5, 2018;
d.	that printed notices of the time, place and subject matter of the hearing were posted in three (3) public places within the town as follows:
i.	Tiverton Senior Center / Tiverton Town Hall / Tiverton Library;
ii.	Date Posted: May 18, 2018 / Hearing Date: June 5, 2018; and,
e.	that printed notice of the time, place and subject matter of the hearing was published in the Sakonnet Times as follows:
i.	May 10, 2018 / May 17, 2018 / May 24, 2018.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board holds that the requirements of RIGL  23-28.1-2(b) (3) have been met and the local ordinance presented is APPROVED.

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 RIGL section 42-35-12 and represents a comprehensive, integrated plan of fire safety for the above-captioned matter.
2.	In accordance with RIGL section42-35-12, 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: FSC section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].
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