The above captioned case was scheduled for hearing on July 24, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Pearson, Coutu, Wahlberg, and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of a June 29, 200l inspection report compiled by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board the Applicant and the East Providence Fire Marshal’s Office during the July 24, 2001 hearing on this matter.  The Board hereby incorporates the June 24, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s finds 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 defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to maintain the cited solid core apartment doors in the existing apartment door jambs of this facility and to further allow the Applicant to replace the cited laundry room door with an approved solid core wood door in the existing laundry room jamb.  The above laundry room door shall be replaced within one hundred and twenty (l20) days from the date of this Decision.

2.	A.  It is the understanding of the Board that the Applicant shall correct deficiency #2A, at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.

B&C.  The Board hereby directs the Applicant to correct deficiency #2B by providing the cited apartment doors with approved self-closures.  It is the understanding of the Board that the Applicant has corrected deficiency #2C as outlined in the variance granted in item #l above.

3.	The Board hereby grants a variance from the provisions of Section 23-28.16-13 and NFPA Standard l0, l988 edition in order to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the East Providence Fire Marshal within fifteen (l5) days from the date of this Decision or to completely comply with NFPA Standard l0, l988 edition within fifteen (l5) days from the date of this Decision.

4.	As a condition of the variances granted herein, the Board directs the Applicant to this facility with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the East Providence Fire Marshal, in accordance with the provisions of Section 23-28.25-4(b), within one hundred and twenty (l20) days from the date of this Decision.

5.	It is the understanding of the Board that the Applicant has corrected deficiency #5 by removing the cited storage.  The Board hereby directs the Applicant to maintain the stairs in this facility in a clean and tidy condition.

6.	The Board directs the Applicant to correct deficiency #6 by providing the stairway to the basement with an approved second handrail, installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

7.	It is the understanding of the Board that the Applicant has corrected deficiency #7, at the direction and to the satisfaction of the East Providence Fire Marshal.

8.	As a condition of the variances granted herein, the Board directs the Applicant to this facility with approved emergency lighting, installed as part of the fire alarm package of this facility at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

9.	It is the understanding of the Board that the Applicant has corrected deficiency #9 by repairing the detached battery powered smoke detector.

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)]