FILE NO.: 2024119
LOCATION OF PREMISES: 61 Camp Yawgoog Road, Rockville, RI
APPLICANT: John Vuono
c/o BSA Camp Yawgoog
61 Camp Yawgoog Road
Rockville, RI 02873
USE OR OCCUPANCY: Lodging or Rooming Houses
DATE OF DECISION: 2024-10-28
A hearing involving the above-captioned property was conducted on Tuesday, October 22, 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: Chairperson Blackburn, Vice-Chairperson Thornton and Commissioners Spaziani, ODonnell, Muto, Walsh, Horan & Mancini.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Patrick Hawkins of the Hope Valley-Wyoming Fire Marshals Office and Chief Deputy State Fire Marshal David Pastore of the State Fire Marshals Office.
APPELLANT: John Vuono.
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 John Vuono (authorized representative) of Camp Yawgoog, 61 Camp Yawgoog Road, Rockville, RI dated July 19, 2024.
3. The Application was processed by the Board and Appeal 2024119 was filed on July 22, 2024.
4. The property was initially before the Board on or about September 10, 2024 at which time the matter was continued without a finding to allow the Appellant to revise and/or change their plan of action.
5. A subsequent hearing on the Application was conducted on October 22, 2024 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6. 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 Chair Blackburn and seconded by Commissioners Spaziani and Mancini to deny the Appellant the relief requested as outlined herein. The motion passed on an 8 to 0 vote.
RECORD OF THE CASE
The following documents are part of the administrative record for Appeal 2024119 and are pertinent to the decision rendered:
1. Appeal Application FVA-24-119 submitted on July 19, 2024 and filed on July 22, 2024.
a. Drawings (5 pages) dated May 1, 2024.
b. Cease Fire submittal (7 pages) dated June 18, 2024.
c. Letter of authorization for John Vuono from Joram Northup dated July 18, 2024.
2. Hope Valley-Wyoming Fire Marshals Office Inspection Report dated July 22, 2024.
3. Revised Plan of Action (15 pages including 12 images) received on October 11, 2024.
EXHIBITS
The following documents were presented at the October 22, 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 determination below corresponds with the July 22, 2024 inspection report compiled by the Hope Valley-Wyoming Fire Marshals Office. The above report was utilized by the Board, the Appellant and the Hope Valley-Wyoming Fire Marshals Office during the October 22, 2024 hearing on this matter. Accordingly, the Board hereby incorporates the July 22, 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 1-story above grade building without a basement level, classified as a lodging or rooming house occupancy, consisting of approximately one hundred seventy (170) square feet (gross area) and originally built in 2024. The Board further finds through the testimony of the Appellant that plans are in progress for the construction of three (3) identical structures at the same location in the foreseeable future.
3. The building is of Type V (000) construction, has a compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4. The maximum occupant load of each structure has been calculated at sleeping accommodations for eight (8) persons.
5. The Board finds that similar structures of this type, with certain restrictions, are approved without requiring automatic sprinkler protection by way of Blanket Variance 23-02 dated August 22, 2023, which added a new sub-category to RILSC Chapter 26 [26.1.1.1.9], Seasonal Camp Cabins. The Board further finds that this new structure as designed and constructed does not qualify for this classification [RILSC 26.1.1.1.9 (4), (8) & (9)].
6. The Board further finds that the proposed Cease Fire CFP 1700 dry chemical fire suppression system unit is NOT deemed an equivalency to an approved automatic sprinkler system in accordance with RILSC Section 1.4 and the Alternate Systems provisions of RILSC sections 9.8.1 and A.9.8.1.
7. The Board acknowledges the objection by the State Fire Marshals Office to granting the relief requested and further acknowledges that there is no objection by the Hope Valley-Wyoming Fire Marshals Office to the decision 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. The Board hereby DENIES the Appellant a variance from the provisions of RILSC section 26.3.6.1 requesting an exemption from the requirement for an approved automatic sprinkler system and directs compliance prior to occupancy. The Board further directs that compliance can be attained by the installation of an approved NFPA 13D system in accordance with RILSC section 26.3.6.2.3.
2. The Board directs that the holding in this Decision may be applied to the three (3) future, not yet constructed structures provided that they are permitted in the same RILSC cycle and are substantially alike in size, construction and utilization.
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).
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)].