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.: MO22-01
LOCATION OF PREMISES: Town of North Kingstown, RI
APPLICANT: ADSFM Gregory Pariseault North Kingstown Fire Department 8150 Post Road North Kingstown, RI 02852
USE OR OCCUPANCY: Other
DATE OF DECISION: 2022-04-28
As indicated in the file, a hearing involving the below-captioned local ordinance was conducted on Tuesday, April 12, 2022 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, Pearson, Booth, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Greg Pariseault and Ernest Robin of the North Kingstown 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 ADSFM Gregory Pariseault (authorized representative) of North Kingstown Fire Department, 8150 Post Road, North Kingstown, RI on or about March 24, 2022.
3.	The Petition was received by the Board and File  MO  22-001 was opened on March 24, 2022.
4.	A hearing on the Petition was conducted on April 12, 2022 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 Muto to approve the local ordinance.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  MO  22-001 and are pertinent to the decision rendered:

1.	Petition Application  MO  22-001 and filed on March 24, 2022.
2.	Ordinance in Amendment of Chapter 5, Article IV of the Code of Ordinances, Town of North Kingstown, entitled Residential Fire Protection Cisterns.

EXHIBITS

The following documents were presented at the April 12, 2022 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 Ordinance in Amendment of Chapter 5, Article IV of the Code of Ordinances, Town of North Kingstown, entitled Residential Fire Protection Cisterns.
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;
b.	the application of the ordinance shall be prospective in nature;
c.	that the ordinance was adopted pursuant to a public hearing held on or about March 14, 2022;
d.	that printed notices of the time, place and subject matter of the hearing were posted in at least three (3) public places within the town as follows:
i.	[NK Municipal Offices] / [Beechwood Senior Center] / [NK Free Library] / [NK Police Department] / [NK Fire Department]; and,
e.	that printed notice of the time, place and subject matter of the hearing was published in the Independent newspaper as follows: [2/24/22] / [3/3/22] / [3/10/22].

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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