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 Jonathan Smith of the Narragansett Fire Marshal’s Office.  A motion was made by Commissioner Burlingame 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 a March 26, 2001 inspection report complied by the Narragansett Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Narragansett Fire Marshal’s Office during the May 22, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the March 26, 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 providing this facility with approved fire extinguishers in accordance with the provisions of section 23-28.7-13 and NFPA standard 10, 1988 edition at the direction and to the satisfaction of the Narragansett Fire Marshal within 120 days of the date of this decision.

2. The Board hereby grants a variance from the provisions of section 23-28.7-14 in order to allow the cited facility to be maintained without sprinkler coverage.  In granting this variance, it is the understanding of the Board that the subject units are existing and all have direct access to the outside.

3. The Board hereby directs the Applicant to correct deficiency three by providing this facility with an approved local 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 Narragansett Fire Marshal within 120 days of the date of this decision. Protection of the wiring of the fire alarm system shall be in accordance with the provisions of item five below.

4. The Board hereby directs the Applicant to correct deficiency four by providing each of the units of this facility with approved single station AC smoke detectors installed at the direction and to the satisfaction of the Narragansett Fire Marshal within 120 days of the date of this decision.

5. The Board hereby grants a variance from the provisions of section 23-28.25-6 in order to allow the Applicant to enclose the fire alarm wiring in schedule 40 PVC pipe where such pipe is protected by a wall and/or ceiling assembly, and to install the remaining exposed fire alarm wiring in schedule 80 PVC pipe. Finally, in granting this variance, the Board directs that the fire alarm wiring the separately grounded.

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)].