The above-captioned case was scheduled for hearing on April 10, 2001 at 1:30 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Pearson, Burlingame and Fillippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Charles E. Lawrence of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu 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 January 17, 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 April 10, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the January 17, 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

1-4.It is the understanding of the Board that the Applicant has corrected deficiencies 1,2,3 and 4 at the direction and to the satisfaction of the Providence Fire Marshal's office.

5.The Board hereby grants a variance from the provisions of section 23-28.17-2 guard to allow the Applicant to maintain the egress from the second, third and fourth floors of this facility.

6.It is the understanding of the Board that the Applicant has corrected deficiency 6 at the direction and to the satisfaction of the Providence Fire Marshal.
 
7.The Board hereby grants a variance from the provisions of section 23-28.17-4(a) in order to allow the Applicant to maintain the existing construction and rating of the stairway enclosures of this facility.

8.The Board hereby grants a variance from the provisions of section 23-28.17-4(d) in order to allow the Applicant to maintain the existing width of the cited rear staircase.

9.The Board hereby grants a variance from the provisions of section 23-28.17-5 (a) in order to allow the Applicant to maintain the existing swing of the business door and the doors leading into the staircases.

10.It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing the cited doors with approved spring loaded hinges installed at the direction and to the satisfaction of the Providence Fire Marshal. 

11.The Board hereby grants a variance from the provisions of section 23-28.17-5(e) in order to allow the Applicant to provide the existing door jambs of this facility with approved solid core wood doors equipped with spring loaded hinges installed at the direction and to the satisfaction of the Providence Fire Marshal within thirty days of the date of this decision. The Applicant is also granted a variance from the above provisions in order to maintain the existing width of the cited doors.

12-15.It is the understanding of the Board that the Applicant has corrected deficiencies 12, 13,14 and 15 at the direction and to the satisfaction of the Providence Fire Marshal. 

16.It is the understanding of the Board that the Applicant has corrected deficiency 16 by providing this facility with approved fire alarm system and smoke detection system at the direction and to the satisfaction of the Providence Fire Marshal. Accordingly, as a condition of the variances granted herein, the above system shall be deemed a required system for the purposes of maintenance.

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)].