The above-captioned case was scheduled for hearing on May 22, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Richard, Evans, Filippi, Pearson and Burlingame were present. The fire service was represented by Assistant Deputy State Fire Marshal Charles E. Lawrence of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Richard 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 27, 2001 inspection 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 May 22, 2001 hearing on this matter. Accordingly, the Board hereby incorporates the March 27, 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 sections 23-28.9-2, 3, 5,7, 10 and 11 in order to allow the Applicant to maintain the existing construction and rating of the boiler room as modified herein.  In granting this variance, the Board directs the Applicant to provide the basement of this facility with approved fire stopping installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.  The Board further directs the Applicant to provide an approved 20 minute solid core door and assembly at the top of the basement stairs and to further provide the boiler with an approved remote shutoff switch and a domestically supplied sprinkler head.  The Board directs the Applicant to complete the above corrections at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

2. The Board hereby grants a variance from the provisions of section 23-28.17-2 in order to allow the Applicant to maintain the cited egress from the second floor as modified herein.  In granting this variance, the Board directs the Applicant to repair the second floor fire escapes and to provide approved window access to the escapes at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.  Finally, as a condition of this variance is the understanding and direction of the Board that the Applicant shall provide this facility with an approved local fire alarm system, installed at the direction to the satisfaction of the Providence Department of Telecommunications, within 120 days the date of this decision.

3. The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant maintain the existing swing the cited exit door.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Providence Fire Marshal's office has no objection.

4. The Board hereby directs the Applicant to correct deficiency 4 by providing the basement of this facility with approved fire stopping, as outlined in item one above, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

5. The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved exit signs installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

6. The Board hereby directs the Applicant to correct deficiency 6 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

7. The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

8. The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved local fire alarm system installed at the direction and to the satisfaction of the Providence Division of Telecommunications 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)].