Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 040038A
LOCATION OF PREMISES: 197-199 Wickenden Street
APPLICANT: Mr. Stephen Doyle 197 Wickenden Street Providence, RI 02903
USE OR OCCUPANCY: Mixed
DATE OF DECISION: 2005-02-21
The above-captioned case was originally scheduled for hearing on March 16, 2004, at 1:00 P.M.  A decision was thereupon issued on May 18, 2004, covering a plan of action for this facility.  The above-captioned case was rescheduled for a progress report on October 26, 2004, at 1:00 P.M.   At that time, Chairman Farrell and Commissioners Newbrook, Evans, Burlingame, Coutu, Filippi and O'Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.


FINDINGS OF FACT
	
The Board hereby incorporates its original findings of fact in file number 040038.  In additional, the Board has been advised and finds that the Applicant has made a good faith effort in order to comply with the provisions of the code and the decisions covering this facility.  Specifically, the Board finds that items #1, 2 and 6 are currently under contract and that the contract drawings are in the Providence Fire Marshal’s Office.  The Board further finds that item #4, doors with spring-loaded hinges are completed and that the Applicant has also provided new steel frames.  Item #5 the Board finds that the cited bars on windows have been removed, that the east side of the building fire escape has been completed and that the west side fire escape needs one (1) more rail to be completed in its fabrication.  The Board further finds that portions of item #6 have been corrected and that pursuant to the directive of the Board a mechanical engineer is under contract to address item #7.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. In light of the Applicant’s good faith efforts to continue correcting the deficiencies within this facility, the Board hereby grants the Applicant an additional 120 days from the date of this decision in order to complete the original decision in this case.

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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