FILE NO.: 2024078
LOCATION OF PREMISES: 402 South Main Street, Woonsocket, RI
APPLICANT: Joshua Hennessy
539 Main Street
East Greenwich, RI 02818
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2024-06-12
A hearing involving the above-captioned property was conducted on Tuesday, June 4, 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: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Thornton, ODonnell, Muto, Horan & Mancini.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Scott Hampson of the Woonsocket Fire Marshals Office.
APPELLANT: Joshua Hennessy.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
TRAVEL OF THE CASE
1. This is an Application for Appeal submitted 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 submitted by Joshua Hennessy (owner) of 536 Main Street, East Greenwich, RI dated April 22, 2024.
3. The Application was processed by the Board and Appeal 2024078 was filed on April 24, 2024.
4. A hearing on the Application was conducted on June 4, 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 Thornton and seconded by Commissioner Horan to grant the Appellant the relief as outlined herein. The motion passed on a 7 to 0 vote.
RECORD OF THE CASE
The following documents are part of the administrative record for Appeal 2024078 and are pertinent to the decision rendered:
1. Appeal Application FVA-24-78 submitted on April 22, 2024 and filed on April 24, 2024.
a. Attached Plan of Action dated April 22, 2024
2. Woonsocket Fire Marshals Office Inspection Report dated March 12, 2024.
EXHIBITS
The following documents were presented at the June 4, 2024 hearing as exhibits:
1. None.
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 numbers of the determinations below correspond with those of the March 12, 2024 inspection report compiled by the Woonsocket Fire Marshals Office. The above report was utilized by the Board, the Appellant and the Woonsocket Fire Marshals Office during the June 4, 2024 hearing on this matter. Accordingly, the Board hereby incorporates the March 12, 2024 inspection report as its initial findings of fact. Any modification of the Boards findings relating to this report, such as correction of a deficiency by the Appellant, shall be noted herein.
2. The building is an existing 3-story above grade building with a basement level, classified as an apartment (30 unit) occupancy, consisting of approximately thirty-two thousand two hundred sixty-five (32,265) square feet (gross area) and originally built in 1923.
3. The building is of Type III (200) construction, has a compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4. There is no objection by the Woonsocket Fire Marshals Office to the granting of the relief outlined herein.
CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE 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. KEY ACCESS BOX: The Board hereby grants the Appellant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 18.2.2.1 by providing this facility with an approved key access box and all necessary access keys, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
2. OPENING PROTECTIVES: The Board hereby grants the Appellant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.6.2.3 by providing doors in the egress system of this facility that are self-closing and self-latching, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
3. This deficiency/violation has been corrected.
4. SMOKE ALARMS: The Board hereby grants the Appellant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.4.5.1 and NFPA 72 (2019) section 29.11.3.4 by providing this facility with approved smoke alarms in accordance with section 9.6.2.10, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
5. This deficiency/violation has been corrected.
6. EGRESS MARKING: The Board hereby grants the Appellant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 31.1.1.3 and 4.5.8 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
7. EMERGENCY LIGHTING: The Board hereby grants the Appellant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.9 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
8. This deficiency/violation has been corrected.
9. MEANS OF ESCAPE: The Board hereby grants the Appellant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC sections 31.1.1.3 and 4.5.8 by repairing or replacing all non-compliant secondary means of escape (windows), at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
10. MEANS OF ESCAPE: The Board hereby grants the Appellant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC sections 31.2.1.2 and 24.2.2.3.3 by providing permanently installed steps at all escape windows where the bottom of the opening is at more than forty-four (44) inches above the floor, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Appellant. 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
Finally, the Board hereby authorizes the Woonsocket Fire Marshals Office, upon receiving a written request, to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Appellant by one (1) or more extensions of time of not more than thirty (30) days each, for a period not to exceed ninety (90) days in accordance with the provisions of 450-RICR-00-00-1.7.2(X).
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 facility under the above-cited use or occupancy. Accordingly, every variance granted is conditioned upon the Appellants 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: Fire Safety Code [FSC] section 450-RICR-00-00-1.7.2(W)].
2. Failure of the Appellant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein. [See: FSC section 450-RICR-00-00-1.7.2(Y)]. 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 FSC or a revision of the above-cited classification. [See: FSC section 450-RICR-00-00-1.7.2(Z)].
3. 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 RIGL section 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: FSC section 450-RICR-00-00-1.7.2(AA)].
4. In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5. In accordance with RIGL section 42-35-12, the Appellant 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)].