FILE NO.: 2024033
LOCATION OF PREMISES: Statewide
APPLICANT: Nicholas Montalbano c/o Arlington Industries
1 Stauffer Industrial Park
Scranton, PA 18517
USE OR OCCUPANCY: Misc. Hazard Control
DATE OF DECISION: 2024-05-08
As documented in the file, a hearing involving the above-captioned organization was conducted on Tuesday, April 30, 2024 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] sections 23-28.3-5, 42-35-9 and 42-46-3.
In attendance at the hearing were the following:
COMMISSIONERS: Commissioners Booth, Thornton, ODonnell, Muto, Walsh and Horan.
APPLICANT: Nicholas Montalbano.
AUTHORITY HAVING JURISDICTION [AHJ]: Chief Electrical Inspector Steven Antonson.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
TRAVEL OF THE CASE
1. This is an Application for Determination of Acceptability filed under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2. The Application was filed by Nicholas Montalbano (authorized representative) of Arlington Industries [hereinafter Arlington], 1 Stauffer Industrial Park, Scranton, PA dated March 18, 2024.
3. The Application was received by the Board and File 2024033 was opened on March 18, 2024.
4. A hearing on the Application was conducted on April 30, 2024 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5. After consideration of the application, the testimony of the witnesses and of the entire record presented to the Board, and after carefully reviewing such information, a motion was made by Commissioner Walsh and seconded by Commissioner ODonnell to grant the Applicant the approval as outlined herein. The motion passed on a 6 to 0 vote.
RECORD OF THE CASE
The following documents are part of the administrative record for Appeal 2024033 and are pertinent to the decision rendered:
1. Application 2024033 dated March 18, 2024 and filed on March 18, 2024.
a. Attached supporting documents (3 pages).
EXHIBITS
The following documents were presented at the April 30, 2024 hearing as exhibits:
1. Applicants product samples were provided for inspection and review by the Board.
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 Findings of Fact:
1. The determination below corresponds with the submittals compiled by the Applicant. The above documents were utilized by the Board and the Applicant during the April 30, 2024 hearing on this matter. Accordingly, the Board hereby incorporates the submittal documents as its initial findings of fact. Any modification of the Boards findings relating to this report, such as correction of a deficiency by the Applicant, shall be noted herein.
2. The Board finds through the testimony of the Applicant that the Arlington Steel Snap2It Connectors [Catalog 38STS/40STS] have been tested to UL 514B, Standard for Conduit, Tubing, and Cable Fittings.
3. The Board finds through the testimony of the Applicant that the Arlington Steel Snap2It Connectors [Catalog 38STS/40STS] have been manufactured so that neither an insulated bushing or screw type cable attachments is required or provided for use with MC cable.
4. There has been no input or objection by the State Fire Marshals Office received relating to the granting of the approval outlined herein.
CONCLUSIONS OF LAW AND
DETERMINATIONS ON APPLICATION REQUESTS
References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2018 edition) as incorporated by reference and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2018 edition) as incorporated by reference and amended by 450-RICR-00-00-8.
1. The Board hereby holds that the Arlington Steel Snap2It Connectors are deemed as equivalent to and compliant with the requirements of RILSC section 9.6.9.7. [101:1.4].
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 organization.
2. In accordance with RIGL section 42-35-12, 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: RIGL section 23-28.3-6 and FSC section 450-RICR-00-00-1.7.2(S)]. Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].