The above-captioned case was scheduled for hearing on at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Coutu, Richard, Filippi and O’Connell were present. The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barroso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard 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  April 5, 2000 inspection  report compiled by the Woonsocket  Fire Marshal’s Office. The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the August 7, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the April 5, 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. 

During the hearing, the Board was advised by the Applicant that he believed his six (6) apartment unit facility, with only one direct internal means of escape from each unit, would be safer than a three comparable (3) unit facility with two remote and separate means of escape from each unit. The Woonsocket Fire Marshal and several Board members did not share this opinion. The Board finds that a three (3) unit facility with two remote and separate means of escape from each unit would be safer than the subject facility. The Board further finds that the installation of a fire alarm system would provide for the rapid notification of tenants and total safe evacuation of this facility. 

Accordingly, the egress system variances granted herein are based upon the Applicant’s agreement to provide this facility with an approved fire alarm system which the Board finds would provide sufficient notification to allow the egress system to brought up to an approximate twenty-minute fire rating as opposed to the required one-hour fire rating. 

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.In light of the Applicant’s agreement to provide this facility with an approved fire alarm system, the Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain egress system as modified below.

2.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 and rating of the cited front and rear egress systems of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Woonsocket Fire Marshal's office has no objection in light of the Applicant's agreement to provide this facility with an approved fire alarm system.

2(a).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 winding stairs within the egress system of this facility. In granting this variance, on the basis of structural hardship, it is the understanding of the Board that the Woonsocket Fire Marshal's office has no objection in light of the Applicant's agreement to provide this facility with an approved fire alarm system.

3(a),(b),(c) The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to provide the existing apartment and basement door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating 20 minutes.  The above doors shall be further equipped with spring loaded hinges and installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.  Finally, the Board hereby grants a variance in order to allow the Applicant to maintain the existing swing of the cited doors to the exterior. In light of the Applicant’s agreement to provide this facility with an approved fire alarm system, the Woonsocket Fire Marshal's office had no objection to the variances granted above.

4.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 approved fire extinguishers installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 15 days of the date of this decision.

5. 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 in accordance provisions of R.I.G.L. 23-28.16-16 and 23-28.25-4 (a) at the direction and to the satisfaction of the Woonsocket 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)].