The above captioned case was scheduled for hearing on June 4, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Evans, Pearson, O’Connell, Preiss, Richard and Newbrook were present. The fire service was represented by Assistant Deputy State Fire Marshal Roland St. George of the Central Falls Fire Marshal’s Office along with Chief of Inspections William Howe and Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of part one of the Decision below correspond with those of a June 3, 2002 inspection report compiled by the State Fire Marshal’s Office covering building #l of this facility.  The numbers of the Decision below addressing building #2 correspond with those of an October 3l, 200l inspection report covering that portion of this complex.  The above reports were utilized by the Board, the Applicant, the Central Falls Fire Marshal and the State Fire Marshal during the June 4, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the June 3, 2002 and October 3l, 2001 inspection reports as initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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 defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

BUILDING  #1
1.	The Board hereby grants a variance from the provisions of Section 23-28.l7-4 in order to allow the Applicant to maintain the existing three (3) interior stairways of this facility unenclosed. In granting this variance, it is the understanding of the Board that the Applicant shall provide this facility with an approved supervised fire alarm system, and the State Fire Marshal’s Office has no objection.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l7-3 in order to allow the Applicant to maintain the existing stairs, which do not discharge directly to the outside.  This variance is granted on the basis of structural hardship.

3.	The Board hereby grants a variance from the provisions of Section 23-28.17-5 in order to allow the Applicant to maintain the existing dimension and winding nature of the stairs in the back corridor of this facility.  This variance is granted on the basis of structural hardship and in the absence of an objection by the Fire Marshal’s Office.

4.	It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing this facility with approved exit signs, to the satisfaction of the State and Central Falls Fire Marshal’s Office.

5.	It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing this facility with approved emergency lighting, to the satisfaction of the State and Central Falls Fire Marshal’s Office.

6.	The Board hereby grants a variance from the provisions of Section 23-28.9-3 in order to allow the Applicant to maintain the existing enclosure door with an approved sprinkler head installed over the gas fired unit.  

7.	The Board hereby directs the Applicant to correct deficiency #7 by repairing the cited openings in the floor and in the ceiling of the closet in the second floor hallway to the satisfaction of the State Fire Marshal within ninety (90) days from the date of this Decision.

8.	The Board hereby directs the Applicant to correct deficiency #8 by repairing the cited doors with approved panic hardware at the direction and to the satisfaction of the State Fire Marshal within ninety (90) days from the date of this Decision.

9.	The Board hereby grants a variance in order to allow the Applicant to provide the egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with approved spring-loaded hinges and installed at the direction and to the satisfaction of the State Fire Marshal’s Office within ninety (90) days from the date of this Decision.  The Board further directs the Applicant to provide an approved Class “A” flame spread rating over the wood in the hallways of this facility.  The Board further grants a variance in order to allow the existing door swing on the second level of Building #l.  Finally, the Board hereby grants a variance in order to allow the Applicant to maintain the existing folding door at the top of the basement stair provided the Applicant install an approved solid core wood door at the bottom of the basement stair, at the direction and to the satisfaction of the State Fire Marshal’s Office, within ninety (90) days from the date of this Decision.

BUILDING #2
1.	The Board hereby directs the Applicant to correct deficiency #l by providing this facility with approved exit signs, installed at the direction of the State Fire Marshal, within ninety (90) days from the date of this Decision.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l7-l4 and 23-28.25-4(a) in order to allow the Applicant to maintain this single story facility without a fire alarm system.  This variance is based upon the new fire alarm provisions, which exempt this type of building from having a fire alarm system if it is under l,000 square feet.  Finally, it is the understanding of the Board that the facility is protected by smoke detection, which shall be maintained by the Applicant as a condition of this variance.

3.	The Board hereby directs the Applicant to correct deficiency #3 by blocking off the loft area, at the direction and to the satisfaction of both the State and Local Fire Marshals and to utilize this area for storage only and not to otherwise occupy the area.  The above area shall be so sealed off within ninety (90) days from the date of this Decision.

4.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing fire escape door from the loft area.  However, the Board directs the Applicant to maintain the this door in operating condition to be utilized as a possible emergency means of egress from this area.  In granting this variance, the Board notes that the loft area shall be unoccupied.  However, the doors shall be repaired so it can be utilized as an emergency means of somebody accessing the storage area.  The above door shall be so repaired within ninety (90) days from the date of this Decision.

5.	The Board hereby directs the Applicant to correct deficiency #5 by providing the cited two (2) office doors with approved self-closing devices, installed at the direction and to the satisfaction of the State and Central Falls Fire Marshal’s Office, within ninety (90) days from the date of this Decision.

6.	The Board directs the Applicant to remove any deadbolts on the egress system doors, at the direction and to the satisfaction of the State and Central Falls Fire Marshal’s Office, within ninety (90) days from the date of this Decision.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]