The above-captioned case was scheduled for hearing on August 7, 2001at 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 John Garvey of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner O’Connell 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 September 26, 2000 inspection report compiled by the Central Falls Fire Marshal’s Office. The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the August 7, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the September 26, 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 directs the Applicant to correct deficiency 1 by providing the cited boilers with approved remote shutoff switches installed at the direction and to the satisfaction of the Central Falls 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 in order to allow the Applicant to maintain the existing construction, configuration and rating of the egress system as modified below.  In granting this variance, the Board directs the Applicant to provide the wooden surfaces of the egress system with an approved Class-A finish at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.  It is the further understanding of the Board that the cited obstructing rail has been removed by the Applicant.

3. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to utilize an approved window in the bathroom of the first floor north apartment as a means of egress.  In granting this variance, it is the understanding of the Board that the window is operable and of proper size and that all locks shall be removed the bathroom door.

4. 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 hallway construction and rating and further allow access to the stairway through a common porch.  In granting this variance on the basis of structural hardship, the Board directs the Applicant to provide all wooden surfaces of the egress system with approved Class-A finish at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.  The Board further grants a variance from the above provisions in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core doors maintaining an approximate fire rating of 20 minutes.  The above doors shall be installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

5. The Board hereby grants a variance from the provisions of section 23-28.16-6 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 Central Falls Fire Marshal within 120 days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 23-28.16-6 in or to allow the Applicant provide the existing apartment door jambs of this facility with either solid core doors maintain an approximate fire rating of 20 minutes or approved fire doors installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.  The Board further directs the Applicant to immediately provide a handle on the second floor rear apartment door of this facility.

7. It is the understanding of the Board that deficiency 7 is grandfathered and not being requested by the Central Falls Fire Marshal's office.

8. It is the understanding of the Board that deficiency 8 is grandfathered and not being requested by the Central Falls Fire Marshal's office.

9. 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 an approved fire extinguisher installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 15 days of the date of this decision.

10. As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system installed in accordance with the provisions of section 23-28.25-4 (a) at the direction and to the satisfaction of the Central Falls 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)].