The above-captioned case was scheduled for hearing on February 13, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Filippi, Coutu, O'Connell, Newbrook, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Edward P. Donahue of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was approved by all voting members with Commissioner Wahlberg abstaining.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a January 26, 2001 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 February 13, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the January 26, 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 directs the Applicant to correct deficiency 1, by providing this facility with approved remote shut-off switches, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

2.The Board hereby grants a variance from the provisions of section 23-28.16-2(b)(1) in order to allow the Applicant to maintain a second emergency means of egress consisting of risers and a platform providing access to the windows of the two basement units of this facility.  The above permanent window access shall be installed at the direction and to the satisfaction of the Providence Building Official in coordination with the Providence Fire Marshal's office.  In granting this variance, the Board directs the Applicant to close off the illegal basement apartment unit in the laundry room area of this facility. Finally it is the understanding of the Board that the Providence Fire Marshal's office has no objection to this variance in light of the Applicant's agreement to provide this facility with an approved NFPA 13-R sprinkler system as outlined in item 19 below.

3.The Board hereby grants a variance from the provisions of section 23-28.16-2(b) in order to allow the Applicant to maintain the existing finish and rating of the cited corridor.  In granting this variance, the Board directs the Applicant to provide the wooden surfaces within the corridor 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.

4.The Board hereby grants a variance from the provisions of section 23-28.16-2(d) in order to allow the Applicant to maintain the cited windows of the basement apartments of this facility as an emergency means of egress. This variance is contingent upon the Applicant's compliance with the directives of the Board as outlined in item 2 above.

5.The Board hereby grants a variance from the provisions of section 23-28.16-2(e) in order to allow the Applicant to maintain the existing remoteness of the exits within this facility.  This variance is based upon structural hardship.

6.During the February 13, 2001 hearing on this matter, the Board was advised that the Applicant would immediately eliminate the cited basement apartment with egress through a laundry room.  Accordingly, the Board finds deficiency 6 to be moot.

7(a).The Board hereby grants a variance from the provisions of section 23-28.16-5(a)(1) in order to allow the Applicant to maintain the existing enclosure, segregation and fire resistant ratings of the cited stairways.  As a condition of this variance, the Applicant is directed to provide this facility with an approved 13R sprinkler system and municipally connected fire alarm system as outlined in items 19 and 20 below.  In light of the above, it is the understanding of the Board that the Providence Fire Marshal's office has no objection.

7(b).The Board hereby grants a variance from the provisions of section 23-28.16-5(a)(1) in order to allow the Applicant to maintain the existing configuration of egress stairway system leading from the basement of this facility.  This variance is granted on the basis of structural hardship pursuant to the directives of the Board as outlined above.

8(a).The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain a single handrail in the cited rear stairway of this facility.

8(b).The Board hereby directs the Applicant to correct deficiency 8(b) by providing the cited stairway with approved handrails at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

8(c).The Board hereby directs the Applicant to correct deficiency 8(c) by providing the cited stairways with approved handrails installed 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 grants a variance from the provisions of section 23-28.16-5(d) in order to allow the Applicant to maintain the existing width of the cited stairways.  This variance is based upon structural hardship.

10.The Board hereby grants a variance from the provisions of section 23-28.16-5(f) in order to allow the Applicant to maintain the existing dimensions of the cited front stairway tread of this facility.  This variance is also based upon structural hardship.

11.It is the understanding and direction of the Board that the Applicant has corrected deficiency 11 by re-swinging the cited doors of the first floor in the direction of egress travel.

12(a).The Board hereby directs the Applicant to correct deficiency 12(a) by repairing the cited self-closing device on the rear stairway exterior door at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

12(b).The Board hereby directs the Applicant to correct deficiency 12(b) by providing the cited doors with approved self-closing devices installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

12(c).It is the understanding and direction of the Board that the Applicant has corrected deficiency 12(c) by removing the cited hold open devices.

13(a).	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 cited door jambs with approved solid core doors maintain an approximate firing of 20 minutes.  The above door shall be equipped with spring hinges and installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

13(b).	The Board hereby directs the Applicant to correct deficiency 13(b) by repairing the cited door that enters the rear stairway at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

14.The Board hereby grants a variance from the provisions of section 23-28.16-7(a) in order to allow this building to be of noncombustible construction.  This variance is also conditioned upon the Applicant's agreement to provide this facility with approved 13-R sprinkler system.

15.The Board hereby grants a variance from the provisions of section 23-28.16-7(b) in order to allow the Applicant to maintain the existing rating of the cited interior stairway is of this facility.  This variance is also contingent upon the Applicant’s agreement to provide this facility with an approved 13-R sprinkler system.

16(a-d). The Board hereby directs the Applicant to correct deficiencies 16 (a),(b),(c) and(d) by providing this facility with approved exits signage, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

17.The Board hereby directs the Applicant to correct deficiency 17 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

18.The Board hereby grants a variance from the provisions of section 23-28.16-13 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 Providence Fire Marshal within 120 days of the date of this decision.

19.The Board hereby grants a variance from the provisions of section 23-28.16-14 in order to allow the Applicant to provide this facility with an approved NFPA 13-R sprinkler system instead of the required NFPA 13 sprinkler system.  In granting this variance, the Board directs the Applicant to install the NFPA 13-R system at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

20.It is the understanding of the Board that the Applicant has corrected deficiency 20 by repairing and upgrading the municipally connected fire alarm system within this facility at the direction and to the satisfaction of the Providence Fire Marshal and the Providence Division of Telecommunications.


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)].