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, Filippi, Pearson, Richard, O’Connell, Coutu, Newbrook and Fang were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Fillippi 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 March 18, 2001 plan review 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 March 18, 2001 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. Finally, the Board finds that this facility shall be provided with an approved NFPA 13 sprinkler system, a fully supervised fire alarm system, and the heating and cooking appliances shall be in full compliance with NFPA 96.

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 sections to 26-2.1 and 5-1.3.2.1 in order to allow the Applicant maintain the present configuration and rating of the cited stairways as modified herein.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal's office has no objection in light of the sprinkler and fire alarm system within this facility.

2. The Board hereby grants a variance from the provisions of sections 26-2.1 and 5-1.3.2.1 in order to allow the Applicant provide the cited existing door jambs with solid core wood doors maintaining an approximate fire rating of 20 minutes.  The above doors shall be installed at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of this facility.

3. It is the understanding of the Board that the Applicant shall correct deficiency 3 prior to occupancy of this facility.

4. It is the understanding of the Board that the Applicant shall correct deficiency 4 prior to occupancy of this facility.

5. The Board hereby grants a variance from the provisions of sections 26-2.2 and 5-2.1.4.3 in order to allow the Applicant maintain the existing swing of the cited doors.  In granting this variance, is the understanding of the Board that the Providence Fire Marshal's office has no objection.

6. The Board hereby grants a variance from the provisions of sections 26-2.2 and 5-2.1.3 in order to allow the Applicant to maintain the existing elevations on both sides of the cited door.

7. The Board hereby grants a variance from the provisions of section 26-2.2.3 and 5-2.2.2.1 in order to allow the Applicant to maintain the existing dimensions and winding nature of the cited stairs.

8. The Board hereby grants a variance from the provisions of section 26-2.4 in order to allow the Applicant to utilize the third floor of this facility for storage provided this area is sprinkled, heated and enclosed at the direction of the Providence Fire Marshal before occupancy. The Applicant shall be allowed to potentially expand occupancy of this area, at the direction of the Providence Fire Marshal, provided there is a second means of egress. 

9-12. The Board hereby directs the Applicant to correct deficiencies 9, 10, 11 and 12 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy of this facility.

13. The Board hereby grants a variance from the provisions of NFPA 1, section 3-10 in order to allow the Applicant utilize a “residential ansul hood system” with the residential gas stove within this facility.  In granting this variance, the Board notes that this facility is fully sprinkled and that the Applicant shall maintain a K-class fire extinguisher.  Finally, the Board directs the Applicant to present the plans for this system to the Providence fire Marshal, for approval, before occupancy.

14. The Board hereby directs the Applicant to correct deficiency 14 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.

 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)].