FILE NO.: 050379
LOCATION OF PREMISES: Greenwood Terrace, Warwick, RI
APPLICANT: John B. Bentz, President
Property Advisory Group, Inc.
4 Cathedral Square, Suite 1G
Providence, RI 02903
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2005-10-14
The above-captioned cases were consolidated by the Applicant in a detailed plan of action for fire code compliance. The plan of action was scheduled for review by the Board on August 2, 2005 at 1:00 P.M. At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame and Filippi were present. A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to approve the Applicants attached plan of action. The motion was unanimous.
FINDINGS OF FACT
The Board finds that the Applicant is a property management group having facilities throughout the state. The Board further finds that the above captioned facilities are in various states of fire code compliance. The Board further finds that the Applicant has developed a plan of action addressing the fire code deficiencies in the above captioned facilities. The Board further finds that the plan of action addresses both the immediate concerns of the fire service along with the long term goals for fire safety in these facilities. Finally, the Board finds that addressing the fire code deficiencies on a system-wide basis allows for both economy of scale and a rapid upgrade of the fire safety for these facilities.
CONCLUSIONS AND VARIANCE REQUESTS
1. The Board hereby approves the attached plan of action submitted by Property Advisory Group and Guardian Property Management. Accordingly, the structural and time variances outlined in the attached plan of action are hereby approved and the Applicant is directed to bring these facilities into compliance within the attached guidelines.
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)].