The above-captioned case was scheduled for hearing on May 29, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Pearson, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Arthur S. Laurenson of the Providence 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.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a November 27, 2000 inspection report complied by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the May 29, 2001 hearing on this matter.  

Accordingly, the Board hereby incorporates the May 29, 2001 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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of section 23-28.8-2 (b) in order to allow the Applicant to maintain the existing fire escape system provided this system is certified for safety by a licensed structural engineer.  The Board further directs the Applicant to move the fire escape ladder as outlined in item 2 below.

2. The Board hereby directs the Applicant to correct deficiency 2 by moving the fire escape ladder at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

3. The Board hereby directs the Applicant to correct deficiency 3 by providing the gas-fired heaters with approved air vents installed at the direction and to the satisfaction of the Providence Mechanical Inspector within 120 days of the date of this decision.

4. The Board hereby grants a variance from the provisions of section 23-28.16-2(b)(1) in order to allow the Applicant to maintain the egress from this facility as modified within this decision.

5. The Board hereby grants a variance from the provisions of section 23-28.16-2(f) in order to allow the Applicant to maintain the existing construction and rating of the cited to wall construction.  In granting this variance, the Board directs the Applicant to repair all damage to the walls, and to further provide the cited wainscoting with an approved Class A finish, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 23-28.16-3(a) in order to allow the Applicant to maintain the existing access to the fire escapes of this facility.  In granting this variance to the basis of structural hardship, the Board directs the Applicant to remove all locks from the bedroom doors servicing the fire escapes.

7. The Board hereby grants a variance from the provisions of section 23-28.16-3(d) in order to allow the Applicant to maintain the existing wall construction of the egress system of this facility and to further provide the existing apartment door jambs with approved solid core wood doors maintaining an approximate fire rating of 20 minutes the above door shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

8. The Board hereby directs the Applicant to correct deficiency 8 by sealing off the cited vertical openings at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

9. The Board hereby directs the Applicant to correct deficiency 9 by providing the cited stairways with approved handrails, as needed, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

10. The Board hereby grants a variance from the provisions of section 23-28.16-5(f) in order to allow the Applicant maintain the existing winding stairs within this facility.  The Board hereby directs the Applicant to correct the remainder of deficiency 10 by repairing the stairways at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

11. The Board hereby grants a variance from the provisions of section 23-28.16-6(a) in order to the Applicant maintain the existing swing of the cited doors to the exterior.

12. The Board hereby grants a variance from the provisions of section 23-28.16-6(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 Providence Fire Marshal within 120 days of the date of this decision.

13. The Board hereby grants a variance from the provisions of section 23-28.16-6(c) in order to allow the Applicant to provide the existing apartment door jambs with approved solid core doors as outlined in item 7 above.

14. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signs installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

15. The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA standard 10, 1988 edition in order to allow the Applicant the option of compliance with NFPA standard 10, or to provide each of the apartment units of this facility with approved fire extinguisher, installed at the direction and to the satisfaction of the Providence Fire Marshal within 15 days of the date of this decision.

16. As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved municipally connected fire alarm system and smoke detectors system, installed in accordance with provisions of sections 23-28.25-4 (b) and 23-28.34-2 through 4, at the direction and to the satisfaction of the Providence Fire Marshal, or designee, within 120 days of the date of this decision.

17. The Board hereby directs the Applicant to correct deficiency 17 by removing the cited debris at the direction to the satisfaction of the Providence Fire Marshal.

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)].