The above-captioned case was scheduled for hearing on August 7, 2001 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 John Garvey of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Filippi 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 27, 2001 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 January 27, 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 hereby grants a variance from the provisions of section 23-28.8-6 in order to allow the Applicant to utilize the cited ladder as part of the fire escape system from this facility.

2(a). The Board hereby grants a variance from the provisions of section 3-28.16-2 in order to allow the Applicant to maintain the existing stairway and hallway wall construction of this facility.  In granting this variance, the Board directs Applicant to provide the all wainscoting 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.

2(b). The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to continue to utilize windows as part of the egress system.  In granting this variance is the understanding the Board that the cited windows are of an approved size and are completely operational.

2(c). The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to utilize the cited fire escapes as exits from this facility.

2(d). The Board hereby directs the Applicant to correct deficiency 2(d) by either providing this facility with an approved additional fire escape installed at the direction and to the satisfaction of the Central Falls Fire Marshal or providing the existing egress system with a properly engineered approved system of domestically supplied sprinkler heads installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office.  The Board hereby directs the Applicant to correct the above deficiency by one of the two above-outlined methods within 120 days of the date of this decision.

3. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the existing construction of egress system as modified herein.  In granting this variance, the Board directs the Applicant to provide the existing basement and apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of 20 minutes.  The above doors shall be further equipped with spring loaded hinges installed at the direction to the satisfaction of the Central Falls Fire Marshal's office.  The Board further grants a variance from the above provisions in order to allow access to the stairways and fire escapes through the kitchens and bedrooms of this facility. In granting this variance on the basis of structural hardship, the Board directs that all locks be removed from the above bedroom doors.  Finally, the Board hereby directs the Applicant to correct the remainder of this deficiency by sealing off the wooden scuttle, leading to the attic, in the rear stairway at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

4. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing winding stairways within this facility.

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 doors with approved spring loaded hinges.

6. See item 5 above.

7. The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved exit signs installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

8. The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

9. The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA standard 10, 1988 edition in order to allow the Applicant to provide approved fire extinguishers in each of the apartment units of this facility 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.

11. It is the understanding of the Board that the Applicant has corrected deficiency 11 by removing the cited storage from the rear stairway at the third level of this facility.

12. It is the understanding the Board that the Applicant has corrected deficiency 12 to the satisfaction of Central Falls Fire Marshal's office.  Finally, the Board directs the Applicant remove the padlock from the door located on the second floor porch.

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)].