The above-captioned case was scheduled for hearing on June 26, 2001 at 1:30 P.M. At that time, Acting Chairman Evans and Commissioners Wahlberg, Newbrook, O’Connell, Pearson and Richard 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 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 December 21, 2000 inspection report complied 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 June 26, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the December 21, 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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing apartment and storage closet door jambs with approved solid core wood doors maintaining an approximate fire rating of 20 minutes.  The above doors shall be equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

2. 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 to provide each of the apartment units of this facility with an approved fire extinguisher at the direction and to the satisfaction of the East Providence Fire Marshal within 15 days of the date of this decision.

3. 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 boiler room area as modified herein.  In granting this variance, the Board directs the Applicant to provide a domestically- supplied sprinkler head of the boiler and to further provide the boiler room area with approved solid core wood door installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

4. As a condition of the variances granted here in, the Board hereby directs the Applicant to correct deficiency 4 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

5. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing construction of the front and rear stairways in this facility as modified herein.  The Board further directs the Applicant to provide the attic scuttle opening with approved fire rated sheetrock surface installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.  Finally, the Board directs the Applicant to replace the cited hallway window with approved glass block installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

5(a ).Please see item 3 above.

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

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

8. 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 East Providence Fire Marshal within 120 days of the date of this decision.

9. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the cited apartment doors with approved spring-loaded hinges installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision. 

10. The Board hereby directs the Applicant to correct deficiency 10 by providing the cited stairway with approved second handrail installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

11. The Board hereby directs the Applicant to correct deficiency 11 by providing the boiler with an approved remote shutoff to switch at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.


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)].