Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 200239
LOCATION OF PREMISES: 80 Metropolitan Avenue
APPLICANT: Mr. Joel Zisserson c/o Cranston Public School Department 845 Park Avenue Cranston, R.I. 02910
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2003-04-21
The above-captioned case was scheduled for hearing on January 23, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Coutu, O'Connell, Richard, Pearson, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Patrick Cull of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the January 23, 2001 hearing on this matter, the Board was advised by the Cranston Fire Marshal’s Office that an extensive plan review had been conducted on this facility.  

Specifically, the Board was presented within March 1, 2000 plan review report covering the additions and renovations of the Cranston high school West facility. The above report was utilized by the Board, the Applicant and the Cranston Fire Marshal’s Office during the January 23, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. During the January 23, 2001 hearing on this matter, the Board was further advised and finds that all fire code deficiencies in the above report have been corrected with the exception of manual activation the home economics kitchen suppression systems.
	
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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS

1. During the January 23, 2001 hearing this matter, the Board was advised that the Applicant sought a variance to eliminate manual activation of the individual suppression systems covering the stoves located in the home economics classroom of this facility. The cooking units would maintain automatic suppression. Due to the layout and occupancy to the home economics classroom, the Cranston Fire Marshal's office recommended this variance.  Accordingly, the Board hereby grants a variance in order to allow the Applicant not to provide the individual suppression systems in the home economics class with manual pull stations.  As a condition of this variance, the Board directs the Applicant to provide this area with extra fire extinguishers and an additional fire alarm pull station in the classroom. A fire extinguishers and fire alarm pull station shall be installed at the direction and to the satisfaction of the Cranston Fire Marshal within thirty days of the date of this decision.  In granting this variance, it is the understanding of the Board that activation of the fire alarm system shall automatically deactivate the stoves and other cooking units within this facility.

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 Applicant’s 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 Board’s 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 Board’s 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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