The above captioned case was scheduled for hearing on September 25, 2001 at l:30 p.m.  At that time, Acting Chairman Burlingame and Commissioners Evans, Filippi, Wahlberg, O’Connell and Coutu were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Latek of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner O’Connell and seconded by Commissioner Evans 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 March 7, 2001 inspection report compiled by the Cranston Fire Marshal’s Office.  The above report was utilized by the Board the Applicant and the Cranston Fire Marshal’s Office during the September 25, 2001 hearing on this matter.  The Board hereby incorporates the March 7, 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 23-28.16-2 in order to allow the Applicant to maintain the existing egress system of this facility as modified herein.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from the bedroom doors through which access to the fire escape is achieved.  In granting this variance, it is the further understanding of the Board that the fire escape system of this facility is in good operating condition and is easily accessible.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Cranston Fire Marshal or designee, as outlined in item #ll below.
 
2.	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 four (4) egress doors leading from this facility.  This variance is granted on the basis of structural hardship.

3.	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 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 spring-loaded hinges to the satisfaction of the Cranston Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

4.	It is the understanding of the Board that the Applicant has corrected deficiency #4 to the satisfaction of the Cranston Fire Marshal’s Office.

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 Cranston Fire Marshal’s Office.

6.	It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing the cited stairways with approved handrails, to the satisfaction of the Cranston Fire Marshal’s Office.

7.	It is the understanding of the Board that the Applicant has corrected deficiency #7 by properly rating the cited openings at the top of both the third floor stairways, to the satisfaction of the Cranston Fire Marshal’s Office.

8.	The Board hereby directs the Applicant to correct deficiency #8 by providing this facility with approved group type “A” exit signage, at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.

9.	It is the understanding of the Board that deficiency #9 is Grandfathered and not being requested by the Cranston Fire Marshal.

10.	The Board hereby grants a variance from the provisions of Section 23-28.l6-13 and NFPA Standard l0, l988 edition, in order to allow the Applicant to provide each of the apartment units with an approved fire extinguisher, installed at the direction and to the satisfaction of the Cranston Fire Marshal’s Office, within fifteen (l5) days from the date of this Decision. 
 
11.	As a condition of this variance, the Board directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Cranston Fire Marshal’s Office, in accordance with the provisions of Section 23-28.25-4(a).

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)]