The above-captioned case was scheduled for hearing on May 22, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Coutu, Richard, Evans, Filippi, Pearson and Burlingame were present. The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Coutu 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 10, 2001 inspection report complied by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the May 22, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the April 10, 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 directs the Applicant to correct deficiency one by having the fire alarm system of this facility inspected immediately at the direction and to the satisfaction of the East Providence Fire Marshal.

2. The Board hereby directs the Applicant to correct deficiency two by properly mounting and testing the fire extinguishers in this facility at the direction and to the satisfaction of the East Providence Fire Marshal within 15 days of the date of this decision.  The Board hereby grants a variance from the provisions of section 23-28.17-12 and NFPA standard 10, 1988 edition in order to allow the Applicant to provide each of the apartment units with approved fire extinguishers rather than leaving the extinguishers within the apartment egress system.  Again, the Applicant shall have 15 days from the date of this decision in which to comply.

3. The Board hereby grants a variance from the provisions of section 23-28.9-2 in order to allow the Applicant to maintain the existing rating and dimensions of the enclosure around the gas-fired boilers in the basement.  In granting this variance, the Board notes that the East Providence Fire Marshal's office has no objection in light of the Applicant's agreement to provide this facility with an approved fire alarm system.

4. The Board hereby directs the Applicant to correct deficiency four, and its subsections, by providing this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

5. The Board hereby grants a variance from the provisions of section 23-28.6-7 in order to allow the Applicant to provide the existing egress system door jambs of this facility with approved solid core wood doors installed with approved spring loaded hinges at the direction and to the satisfaction of the East Providence 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 construction and rating of the cited stairways with the following conditions.  The Board directs the Applicant to remove the vinyl-coated wallpaper from the front stairway and to provide the wainscoting in the rear stairway with an approved Class A finish at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.  Finally, the Board directs the Applicant to provide an approved sheetrock finish to the attic scuttle hatch located in the rear stairway of this facility.  The above scuttle hatch shall be protected, as outlined above, at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

6. The Board hereby directs the Applicant to correct deficiency six by repairing the cited emergency lighting at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

7. During the May 22, 2001 hearing on this matter, the Board was advised that there would be no occupancy in the basement of this facility and that it would only be used for storage.  Accordingly, the Board directs the Applicant to correct deficiency seven by cleaning and organizing this storage area at the direction and to the satisfaction of the East Providence 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)].