The above-captioned case was scheduled for hearing on April 26, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Filippi, Preiss, Newbrook, Burlingame and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Garvey of the Central Falls Fire Marshal’s Office.  Vice Chairman Coutu recused himself from consideration of this case.  A motion was made by Commissioner Newbrook and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a July 9, 2004 inspection report compiled by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the April 26, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 9, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  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 State Fire Marshal”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby directs the Applicant to correct deficiency #1 by providing the boiler of this facility with an approved remote shut off switch installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
2(a).  The Board hereby grants a variance in order to allow the Applicant to correct deficiency 2(a) in accordance with one of two (2) plans of action.  Specifically, the Board shall allow the Applicant to provide a separate means of egress from the bar with a new door and also to provide bollards to assure that the door opening to the outside would not be obstructed, at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.  As an alternative plan of action, the Applicant may provide this area with an approved system of properly engineered and domestically supplied sprinkler heads with an anti-backflow device.  The above system shall also be installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision to use one of the two above options in bringing the egress system into substantial compliance with the code.
	
2(b).  The Board hereby grants a variance in order to allow the Applicant to provide domestic sprinkler coverage to the egress system utilized by the cited apartments within this facility.  In granting this variance, the Board directs the Applicant to provide the above engineered heads at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
2(c).  The Board hereby grants a variance in order to allow the Applicant to maintain the use of fire escapes as a second means of egress from the second and third floor front units of this facility.  In granting this variance, the Board directs the Applicant to maintain appropriately sized windows to access the fire escape system.
	
2(d).  During the April 26, 2005 hearing on this matter, the Board was advised that the second floor rear unit has only one (1) exit.  The Board hereby grants a variance in order to allow the Applicant to provide an emergency exit via a fire escape from the second floor at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.  The above variances are granted pursuant to the Board’s understanding that the Applicant does not produce grease laden vapors in the bar of this facility.  Specifically, all food is simply microwaved and heated up.  In the event the Applicant provides cooking in the bar area of this facility, the Applicant shall be required to provide the bar area with an approved suppression hood and duct system, installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office in accordance with NFPA 96.
	
3(1).  The Board hereby directs the Applicant to correct deficiency 3(1) by providing the cited wood paneling with an approved Class A finish installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
3(2).  The Board hereby grants a variance in order to allow the Applicant to provide the existing apartment door jambs with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring loaded hinges installed at the direction and to the satisfaction of the Central Falls Fire Marshal, within 120 days of the date of this decision.
	
3(3).  The Board hereby directs the Applicant to correct deficiency 3(3) by removing the cited closet or ceiling off the pipe chase at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
3(4).  The Board hereby directs the Applicant to correct deficiency 3(4) by removing the cited storage from the front hall of this facility and maintaining all of the egress systems free of obstructions and combustibles.
	
3(5).  The Board hereby grants a variance in order to allow the Applicant to utilize windows and fire escapes as a second means of egress as outlined in item 2(c) above.  
	
3(6).  The Board hereby grants a variance in order to allow the Applicant to maintain an approved exit from the second floor rear apartment and also a fire escape system as outlined in item 2(d) above.
	
3(7).  The Board hereby directs the Applicant to correct deficiency 3(7) by removing the cited storage in the hallway and the room leading to the fire escape, at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
3(8).  The Board hereby directs the Applicant to correct deficiency 3(8) at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
4.  It is the understanding of the Board that deficiency #4 has been noted but is not a violation of the State Fire Code.
	
5(a).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing swing of the front door of this facility.  However, the Board directs the Applicant to re-swing the rear door in the proper direction at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
5(b).  The Board hereby directs the Applicant to correct deficiency 5(b) by providing all proper swinging doors with approved panic hardware installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
5(c).  The Board hereby directs the Applicant to correct deficiency 5(c) at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing this facility with approved exit signage.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing this facility with approved emergency lighting.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 by providing this facility with appropriate fire extinguishers installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within fifteen (15) days of the date of this decision.
	
9.  It is the understanding of the Board that the Applicant has corrected deficiency #9 by providing this facility with an approved fire alarm system and that the Applicant shall not generate grease laden vapors from the café lounge area on the first floor of this facility, but that all cooking is limited to the re-heating of all food in a microwave.  In the event this condition changes, the Applicant may be directed to provide this facility with an approved municipally connected fire alarm system, installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
10.  It is the understanding of the Board that the Applicant has corrected deficiency #10 by providing approved smoke detection in the residential occupancy of this facility.
	
11.  It is the understanding of the Board that the Applicant has corrected deficiency #11 by addressing the 1/8 inch paneling on the walls of the bar of this facility to the satisfaction of the Central Falls Fire Marshal’s office.
	
12.  It is the understanding of the Board that the Applicant has corrected deficiency #12 by providing this facility with an approved lock box installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.

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 Applicant’s 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 Board’s 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 Board’s 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)].