The above-captioned case was scheduled for hearing on April 10, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Richard, Pearson, Burlingame and Filippi were present. Commissioner Coutu recused himself from consideration of this case and left the room. The fire service was represented by Assistant Deputy State Fire Marshal Gerald Cournoyer of the Central Falls 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

During the April 10, 2001 hearing on this matter, the Board was presented with  an April 15, 1999 inspection  report complied 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 April 10, 2001  hearing on this matter.  Accordingly, the Board hereby incorporates the April 15, 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. 

The Board finds that this facility has been operated as a four (4) unit apartment house and is therefore subject to the provisions of RIGL 23-28.16-1 et seq. as an Apartment House.  The Applicant appeared and requested that the Board allow him to reduce the occupancy of this facility to a three family house which would require fewer alterations to be brought into compliance with the fire code. The Applicant further requested a variance from all accumulated fire code fines if the building were successfully converted to a three family occupancy to the satisfaction of the Central Fall’s Fire Marshal’s office.  

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 in order to allow the Applicant to reduce the occupancy of this facility from four family units to three family units, at the direction and to the satisfaction of the Central Falls Fire Marshal's office, within sixty days of the date of this decision.  As a condition of this variance, the Board directs the Applicant to completely close off the fourth floor of this facility and remove all utilities to the satisfaction of the Central Falls Fire Marshal within sixty days of the date of this decision.  The Board further directs the Applicant to completely remove the kitchen, including all appliances therein and services thereto, from the first floor apartment that the Applicant plants to merge into a single apartment on the first floor within sixty days of the date of this decision.  The Board further directs the Applicant to completely remove the separation wall between the current first floor units within sixty days of the date of this decision.  Finally, as a condition of this variance, the Applicant is directed to provide the newly created three unit facility with approved hardwired smoke detectors, in accordance with the provisions of section 23-28.34-1 et seq., at the direction and to the satisfaction of the Central Falls Fire Marshal's office, within sixty days of the date of this decision.

In the event the Applicant fully complies with the above directives, at the direction and to the satisfaction of the Central Falls Fire Marshal, within the sixty day time period, the Board hereby grants a variance from the provisions of section 23-28.3-9 in order to allow the accumulated fines in this case to be waived.

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)].