Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 030327A
LOCATION OF PREMISES: 323-333 Rathbun Street, Woonsocket, RI
APPLICANT: All Saints Parish 323 Rathbun Street Woonsocket, RI 02895
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2004-06-25
The above-captioned case was originally scheduled for hearing on November 18, 2003 at 1:00 P.M.  At that time, the Board granted the Applicant variances and further provided the Applicant with additional time in which to bring this facility into compliance with the code.  The Applicant has now returned requesting additional time to comply.  The above captioned case was most recently scheduled for June 8, 2004 at 1:00 P.M.  At that time Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Pearson, Filippi, OConnell and Coutu were present.  The fire service was represented by the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board relies on its initial findings as outlined in file 030327.  In addition, the Applicant has advised the Board that they needed time in which to bring the facility into full compliance.  The Applicant is planning to fully sprinkler this facility and the Board agreed to extend the deadline for sprinklering to January 31, 2005.  It is the understanding of the Board that all other fire code deficiencies in this facility shall be corrected by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS
	1. The Board hereby grants the Applicant an additional time variance until January 31, 2005 in order to fully sprinkler this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal.

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)].
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