The above-captioned case was scheduled for hearing on April 17, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Burlingame, Fillippi, Pearson, Richard, O’Connell, Coutu, Newbrook and Fang were present.  The fire service was represented by Assistant Deputy State Fire Marshal Arthur Laurenson of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook 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 February 23, 1999 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 17, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the February 23, 1999 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 furnace room with basic fire protection at the direction and to the satisfaction of the Providence Fire Marshal's office within 120 days of the date of this decision.

2. The Board hereby grants a variance from the provisions of section 23-28.9-3 in order to allow the Applicant to provide the cited boiler room with a door approved by the Providence Fire Marshal that would provide the furnace room area with at least reasonable fire protection.  As with item one above, the Board is directing the Applicant to provide minimum reasonable fire protection to the satisfaction of the Providence Fire Marshal's office.

3-6. The Board hereby directs the Applicant to correct deficiencies 3,4,5 and 6, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

7. The Board hereby directs the Applicant to correct the initial portion of deficiency number 7 by abating the occupancy of, and eliminating, the smaller apartment in the basement of this facility, and providing the second apartment unit with two means of egress, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.  Finally, the Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to provide an approved Class-A finish on the wooden surfaces of the stairways of this facility as modified in item eight below.  In granting this variance, the Board directs the Applicant to provide the stairway wainscoting with an approved Class-A finish at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

8. The Board hereby directs the Applicant to correct deficiency 8 by providing division doors in the stairway halls at the direction to the satisfaction of Providence Fire Marshal within 120 days of the date of this decision.  The above doors shall swing in the direction of the front units and shall be granted the option of being held open with approved magnetic hold open devices, tied into the fire alarm system, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.  Finally, the Applicant is directed to repair the fire escapes of this facility at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

9. The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant maintain the existing construction and rating of the cited corridor walls.  This variance granted on the basis of structural hardship and light of the Applicant's agreement to provide this facility with an approved fire alarm system.

10. 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 to the cited stairways to and to further segregate the stairways as outlined in item 8 above. 

11. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain one handrail on the rear stairs of this facility.  The Board hereby directs the Applicant to correct the remainder of deficiency 11 by providing the front stairway with an approved second handrail installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

12. 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 cited winding stairs within the front and rear staircases of this facility.

13. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the cited egress doors of this facility.

14. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant the option of providing the apartment doors with either spring-loaded hinges or approved self-closing devices installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

15. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of 20 minutes, installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

16. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 16 by providing this facility with approved exit signs installed in accordance with the provisions of section 23-28.16-11, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

17. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 17 by providing this facility with approved emergency lighting installed in accordance with the provisions of section 23-28.16-12, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

18. 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 apartment unit of this facility with an approved fire extinguisher installed at the direction and to the satisfaction of the Providence Fire Marshal within 15 days of the date of this decision.

19. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 19 by providing this facility with approved municipally- connected fire alarm system, and approved system of hardwired interconnected and single station smoke detectors, installed at the direction and to the satisfaction of the Providence Fire Marshal, or designee, within 120 days of the date of this decision.

20. Pursuant to the request of the parties, the Board shall maintain this file as an open file in the event that the Applicant or the Providence Fire Marshal wish to have the Board review the Applicant’s plan of action for upgrading the remaining basement apartment of this facility.

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)].