The above captioned case was scheduled for hearing on October 9, 2001 at l:30 p.m.  At that time, Vice Chairman Richard and Commissioners Filippi, Newbrook, Evans and O’Connell.  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 Evans and seconded by Commissioner Filippi 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 a January l8, 2001 inspection report compiled 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 October 9, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the January l8, 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.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.l6-5 in order to allow the Applicant to maintain the existing construction and configuration of the cited stairways to the second floor apartments of this facility.  In granting this variance, the Board notes that the East Providence Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide the existing stairway door jambs with approved solid core wood doors and spring-loaded hinges and to further provide this facility with an approved local fire alarm system.  Finally, it is the understanding of the Board that the Applicant has corrected the remainder of deficiency #1 by providing the rear staircase with a second handrail to the satisfaction of the East Providence Fire Marshal’s Office.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l7-12 and NFPA Standard l0, l988 edition, in order to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers.  In granting this variance, the Board directs the Applicant to install the above extinguishers to the satisfaction of the East Providence Fire Marshal’s Office.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to provide the existing egress system doorjambs of this facility with approved solid core wood doors with an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with approved spring-loaded hinges and installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office within one hundred and twenty (l20) days from the date of this Decision.

4.	As a condition of the variances granted herein, 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 East Providence Fire Marshal’s Office, 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 the cited gas-fired boilers and hot water heaters with approved remote shutoff switches, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

6.	It is the understanding of the Board that the Applicant has corrected deficiency #6 by removing the combustible debris from the basement of this facility.

7.	It is the understanding of the Boar that deficiency #7 is Grandfathered and not being requested by the East Providence Fire Marshal’s Office.

8.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing swing of the cited egress doors.  In granting this variance, it is the understanding of the Board that the East Providence Fire Marshal’s Office has no objection.

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)]