The above-captioned case was scheduled for hearing on May 8, 2001 at 1:30 P.M.
At that time, Chairman Farrell and Commissioners Newbrook, O’Connell, Richard, Filippi, Burlingame and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan L. Hawksley of the East Greenwich Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Evans 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 14, 2001 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 8, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the March 14, 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. 

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 23-28.8-1 in order to allow the Applicant to maintain the fire escape means of egress from second floor apartment no. 3.  In granting this variance, it is the understanding the Board that both the fire escape and the window access are in good operating condition. Finally, as a condition of this variance, the Board directs the Applicant to remove all locks from any door, in the interior of this apartment, which could obstruct access to the fire escape.

2. It is the understanding of the Board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the East Greenwich Fire Marshal's office.

3. The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as outlined below.  In granting this variance, it is the understanding of the Board that the East Greenwich Fire Marshal's office has no objection in light of the Applicant's agreement to provide this facility with an approved fire alarm system as outlined in item 14 below.

4. 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 rating of the cited egress passageway. In granting this variance, it is the understanding of the Board that the East Greenwich Fire Marshal's office has no objection in light of the Applicant's agreement to provide this facility with an approved fire alarm system as outlined in item 14 below.

5. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the current construction and rating of the existing stairways and other vertical openings. In granting this variance, it is the understanding of the Board that the East Greenwich Fire Marshal's office has no objection in light of the Applicant's agreement to provide this facility with an approved fire alarm system as outlined in item 14 below.

6. The Board hereby grants a variance from the provisions of sections 23-28.17-5 and 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the cited egress doors. In granting this variance, it is the understanding of the Board that the East Greenwich Fire Marshal's office has no objection in light of the Applicant's agreement to provide this facility with an approved fire alarm system as outlined in item 14 below.

7. The Board hereby grants a variance from the provisions of section 23-28.16-6 (b) in order to allow the Applicant to provide the cited doors with approved spring loaded hinges installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 120 days of the date of this decision.

8. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing apartment door jambs of this facility to with approved solid core wood doors maintaining an approximate fire rating of twenty minutes. The above doors shall be further equipped with spring loaded hinges and installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 120 days of the date of this decision.

9. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the doors leading to the outside and not to equip these doors with panic hardware.  In granting this variance, it is the understanding of the Board that these doors cannot be locked from the inside.  It is the further understanding of the Board that the East Greenwich Fire Marshal's office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

10. The Board hereby directs the Applicant to correct deficiency 10 by providing this facility with approved fire stopping installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 120 days of the date of this decision.

11. The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with approved exit signs installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 120 days of the date of this decision.

12. The Board hereby directs the Applicant to correct deficiency 12 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 120 will days of the date of this decision. 

13. 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 of the apartment units of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 15 days of the date of this decision.

14. The Board hereby directs the Applicant to correct deficiency 14, by upgrading the fire alarm system in this facility, as deemed necessary by the East Greenwich Fire Marshal, at the direction and to the satisfaction of the East Greenwich Fire Marshal within 120 days of the date of this decision. The Board further directs the Applicant to provide the unoccupied apartment unit with approved single station smoke detectors prior to occupancy.  The Board further directs the Applicant to provide the remaining apartment units with approved single station smoke detectors as they are renovated at the direction and to the satisfaction of the East Greenwich Fire Marshal within 120 days of the date of this decision.

15. It is the understanding of the Board that the Applicant has corrected deficiency 15 to the satisfaction of the East Greenwich Fire Marshal's office.

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)].