The above captioned case was scheduled for hearing on September l8, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Richard, Newbrook, Coutu, Pearson, O’Connell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook 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 an October l3, 2000 inspection report compiled by the Pawtucket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal’s Office, during the September l8, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the October l3, 2000 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 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.l6-2 in order to allow the Applicant to maintain the existing means of egress from this facility as modified herein.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshal has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system and package.

2.	A. The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to maintain access to the interior stairs through the kitchens of this facility.  This variance is granted on the basis of structural hardship.

B. The Board hereby grants a variance from the provisions of Section 23-28.l6-3(c) in order to allow the Applicant to provide the existing apartment door jambs of the egress system of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

3.	A.  The Board hereby grants a variance from the provisions of Section 2-28.l6-5(a) in order to allow the Applicant to maintain the existing construction and rating of the cited stairways of this facility.  It is the understanding of the Board that the Pawtucket Fire Marshal has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm package.

B.The Board hereby directs the Applicant to correct deficiency #3B, by providing the cited basement stairways with an approved handrail, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

4.	A.  The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain the existing swing of the cited exit doors leading from this facility.

B.The Board hereby grants a variance from the provisions of Section 23-28.l6-6(b) in order to allow the Applicant to provide the cited doors with approved spring-loaded hinges, installed  at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

5.	The board hereby directs the Applicant to correct deficiency #5 by providing this facility with approved fire stopping, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

6.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved exit signs, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

7.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

8.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l3 and NFPA Standard l0, l988 edition, in order to allow the Applicant to maintain fire extinguishers within each of the apartment units of this facility.  The above extinguishers shall be installed within fifteen (l5) days from the date of this Decision.

9.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved local fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office, in accordance with the provisions of Section 23-28.25-4(a), within one hundred and twenty (l20) days from the date of this Decision.  

10.	The Board hereby directs the Applicant to correct deficiency #l0 by removing the cited storage from the hot water heaters and boilers of this facility and further providing this area with an approved domestic sprinkler head, within one hundred and twenty (l20) 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)]