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 Joseph Barroso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Fang 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 an April 2, 2001 inspection report complied by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the April 17, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the April 2, 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 23-28.16-3 in order to allow the Applicant to maintain access to the interior stairways through kitchen areas.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Woonsocket Fire Marshal's office has no objection in light of the Applicant agreement to provide this facility with the fire alarm package outlined in items 6, 7 and 9 below.

2. 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 and rating of the cited stairways of this facility. In granting this variance on the basis of structural hardship, the Board directs the Applicant to provide the wooden surfaces of the stairway walls with an approved Class-A finish. It is the understanding of the Board that the Woonsocket Fire Marshal's office has no objection in light of the Applicant agreement to provide this facility with the fire alarm package outlined in items 6, 7 and 9 below.

3. 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 and rating of the cited stairway walls as outlined in item 2 above.

4. The Board hereby grants a variance from the provisions of section 23-28.16-5 (f) in order to allow the Applicant to maintain the existing cited winding stairs in this facility. In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Woonsocket Fire Marshal's office has no objection in light of the Applicant agreement to provide this facility with the fire alarm package outlined in items 6, 7 and 9 below.

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 existing stairway and basement door jambs of this facility with approved solid core wood doors maintain an approximate fire rating of twenty minutes.  The above door shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing swing of the cited exterior doors.

6. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 6, by providing this facility with approved exit signs, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.

7. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 7, by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.

8. The Board hereby grants a variance from the provisions of section 23-28.16-13 in order to allow the Applicant to provide each apartment unit and the basement of this facility with approved portable fire extinguishers installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 15 days of the date of this decision.

9. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 9, by providing this facility with approved local fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.

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)].