The above-captioned case was scheduled for hearing on May 1, 2001 at 1:30 P.M.
At that time, Chairman Farrell and Commissioners Coutu, O’Connell,Richard, Burlingame and Fillippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshal’s Office.  A motion was made by Commissioner Coutu 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 May 10, 2000 plan review report complied by the East Greenwich Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshal’s Office during the May 1, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the May 10, 2000 plan review 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. It is the understanding of the Board that the Applicant has corrected deficiency 1 by extending the fire alarm system of this facility to cover the entire building and has further provided this facility with an approved system of interconnected smoke detectors.

2. The Board hereby grants a variance from the provisions of section 23-28.17-2 (b) in order to allow the Applicant to maintain the existing egress and fire escape system of this facility.  This variance is based on structural hardship.

3. The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the existing rating, width, handrails, stair treads and risers of the stairway within this facility.

4. The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant maintain the existing swing of the cited doors.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain approved solid core raised panel doors, in the existing door jambs, with spring loaded hinges. The Board hereby directs the Applicant to provide the above doors with an approved Class-A finish at the direction and to the satisfaction of the East Greenwich Fire Marshal within thirty days of the date of this decision.

5. It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with approved emergency lighting at the direction and to the satisfaction of the East Greenwich Fire Marshal. 

6. It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved fire extinguishers at the direction and to the satisfaction of the East Greenwich Fire Marshal. 

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)].