The above-captioned case was scheduled for hearing on April 3, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, O’Connell, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  The Board was advised that the above-captioned case involved the same issues as presented in file no. 200283. Accordingly, after review of file no. 200283, a motion was made by Commissioner Wahlberg and seconded by Commissioner Filippi to grant the Applicant the same relief for both buildings as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a November 1, 2000 inspection report and a July 13, 1999 inspection report complied by the East Providence Fire Marshal’s Office and covering the same deficiencies at 503A Bullocks Point Avenue.  The above reports were also utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the April 3, 2001 hearing on these matters.  Accordingly, the Board hereby incorporates the above reports 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

November 1, 2000 Report

1. It is the understanding of the Board that the Applicant has corrected that portion of deficiency one by sealing off the cited pipe penetrations to the satisfaction of the East Providence Fire Marshal's office.  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 boiler room door and assembly.  In granting this variance, the Board directs the Applicant to provide the boiler room with an approved domestically supplied sprinkler head.

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

3. It is the understanding of the Board that the Applicant has corrected deficiency 3 to the satisfaction of the East Providence Fire Marshal's office.

4. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to provide the existing door jambs of the cited storage closets with approved solid core doors equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the East Providence Fire Marshal within thirty days of the date of this decision.

5. It is the understanding of the Board that the Applicant has corrected deficiency 5 to the satisfaction of the East Providence Fire Marshal's office.

July 13, 1999 Report

1. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core wood doors maintaining an approximate firing rating of 20 minutes.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the East Providence Fire Marshal within thirty days of the date of this decision.

2. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the cited solid core wood doors within this facility.

3. It is the understanding of the Board that the Applicant has corrected deficiency 3 at the direction and to the satisfaction of the East Providence Fire Marshal.

4. It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the East Providence Fire Marshal.

5. It is the understanding of the Board that the Applicant is corrected deficiency 5 by providing this facility with an approved fire alarm system, on a dedicated breaker, to the satisfaction of the East Providence 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)].