FILE NO.: 100049
LOCATION OF PREMISES: 485 Angell Street
APPLICANT: Mr. Richard Ackerman
191 Social Street
Woonsocket, RI 02895
USE OR OCCUPANCY: Mercantile
DATE OF DECISION: 2010-04-30
The above-captioned case was scheduled for hearing on March 23, 2010 at 1:00 P.M. At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Pearson, Preiss, Richard, Jasparro, Walker and Dias were present. The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office. A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook 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 January 26, 2010 plans review report compiled by the Providence Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the March 23, 2010 hearing on this matter. Accordingly, the Board hereby incorporates the January 26, 2010 plans review report as its initial findings of fact. Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.
CONCLUSIONS AND VARIANCE REQUESTS
1. It is the understanding of the Board that the Applicant has corrected deficiency 1 and that the cited door at the top of the basement stairs currently swings in the direction of egress travel.
2. It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the Providence Fire Marshal's office with the requested information.
3. The Board hereby grants a variance from the provisions of sections 37.2.7.2, 37.2.4.3, 7.7.2, 7.7.2.2, 7.7.2.4, 7.7.2.5 and 7.7.2.6 in order to allow the Applicant to maintain the existing basement egress arrangement including the single means of egress from the basement via an existing stairs with a path of travel to the exterior at eighty-seven (87) feet and to further allow the Applicant to discharge onto the first floor from the basement stairway. In granting this relief, it is the understanding of the Board that the basement is approximately five hundred seventy-five (575) square feet and that no sales operations are contained in the basement. The Board further understands that the basement is used primarily for storage and has a very low occupancy. The Board further understands that the basement is primarily utilized for storage and maintains a staff toilet. In light of the above, it is the understanding of the Board that the Providence Fire Marshal's office has no objection.
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 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 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)].