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 Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Evans 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 an April 18, 2001 plan review 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 April 18, 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 directs the Applicant to correct deficiency 1 by providing this entire facility with an approved fire alarm system installed in accordance with the provisions of section 23-28.25-4(a) at the direction and to the satisfaction of the Providence Fire Marshal before occupancy of this facility.  In granting this variance, the Board notes that the occupancy this facility is limited to 39 people.

2. The Board hereby directs the Applicant to correct deficiency 2 by bringing the cooking facilities into compliance with the provisions of NFPA 96 and its referenced standards at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy this facility.

3. The Board hereby directs the Applicant to correct deficiency 3 by removing the cited slide bolt locks, from the second means of egress door leading from the restaurant of this facility, before occupancy.

4. The Board hereby directs the Applicant to correct deficiency 4 by re-swinging the exit door at the direction and to the satisfaction of the Providence Fire Marshal before occupancy of this facility.

5(a). The Board hereby grants a variance from the provisions of sections 24-2.2.3 and 5-2.1.3 in order to allow the Applicant to maintain the basement egress stairway without a required landing.  In granting this variance in the basis of structural hardship, the Board notes that the basement shall not be open to the public and it shall only be utilized for storage and utilities.

5(b). The Board hereby grants a variance from the provisions of sections 24-2. 2.3 and 5-2.1.3 in order to allow the Applicant to maintain the cited existing discharge through an exterior door located one step above grade level surface.  In granting this variance, it is the understanding of the Board that this area shall not be open to the public.

6. The Board hereby grants a variance from the provisions of sections 24-2.2.3 and 5-2.2.2.1 in order to allow the Applicant to maintain the existing tread and riser dimensions of the cited basement stairway.  In granting this variance, it is the understanding the Board that the basement shall not be occupied and used only for storage and utilities.

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)].