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 Arthur S. Laurenson of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame 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 February 13, 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 February 13, 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 during the May 22, 2001 hearing on this matter, Board was advised that the cited heating units in the basement of this facility are under 160,000 BTUs.  Accordingly, deficiency one is moot.

2. The Board hereby directs the Applicant to correct deficiency 2 by providing the cited gas-fired units with approved remote shutoff switches installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

3. The Board hereby directs the Applicant to correct deficiency 3 by providing the basement with approved air vents to allow for makeup combustion air installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

4. The Board hereby directs the Applicant to correct deficiency 4 by providing the basement of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal within 15 days of the date of this decision.

5. The Board hereby directs the Applicant to correct deficiency 5 by providing the basement of this facility with an approved fire alarm system installed in accordance with provisions of section 23-28.25-4(a) at the direction and to the satisfaction of the Providence Department of Telecommunications within 120 days of the date of this decision. See item 17 below.

6.  The Board hereby grants a variance from the provisions of section 23-28.16-2 (b) in order to allow the Applicant to maintain the existing egress from the apartment units of this facility as modified herein.  This variance is granted on the basis of structural hardship in the absence of an objection by the Providence Fire Marshal's office.

7. The Board hereby grants a variance from the provisions of section 23-28.16-2 (f) in order to allow the Applicant to maintain the existing construction of egress system walls within this facility.  This variance is based upon structural hardship, in light of the Applicant’s agreement to provide this facility with an approved fire alarm system, and in the absence of an objection by the Providence Fire Marshal's office.

8.  The Board hereby grants a variance from the provisions of section 23-28.16-3(a) in order to allow the Applicant to maintain the existing cited paths of exit access within this facility.  This variance is granted on the basis of structural hardship.

9. The Board hereby grants a variance from the provisions of section 23-28.16-5(a) in order to allow the Applicant to maintain the existing construction of the front and rear egress stairs as modified herein.  In granting this variance, the Board directs the Applicant to provide the cited wainscoting with an approved class a finish installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

10. The Board hereby grants a variance from the provisions of section 23-28.16-5(c) in order to allow the Applicant to provide the cited stairways with at least one handrail and a second handrail as determined necessary by the Providence Fire Marshal.  The above handrail shall be installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

11. The Board hereby grants a variance from the provisions of section 23-28.16-5(f) in order to allow the Applicant to maintain the existing cited winding stairs within the rear stairway of this facility.

12. The Board hereby grants a variance from the provisions of section 23-28.16-6(a) in order to allow the Applicant maintain the existing swing of the cited exterior door of this facility.

13. The Board hereby grants a variance from the provisions of section 23-28.16-6(b) in order to allow the Applicant to provide the cited apartment unit doors with approved spring-loaded hinges installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

14. The Board hereby grants a variance from the provisions of section 23-28.16-6(c) in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core wood and/or steel doors maintaining an approximate fire rating of twenty minutes.  The above doors shall be installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

15. The Board hereby directs the Applicant to correct deficiency 15 by providing this facility with approved group type A metal exit signs installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

16. The Board hereby grants a variance from the provisions of section 23-28.16-13 in order to allow the Applicant the option of compliance with NFPA standard 10 or providing each of the apartment units of this facility with approved fire extinguishers.  The above fire extinguishers shall be installed at the direction and to the satisfaction of the Providence Fire Marshal within 15 days of the date of this decision.

17. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Providence Department of Telecommunications within 120 days of the date of this decision.

18. The Board hereby directs the Applicant to correct deficiency 18 by removing the cited debris in the basement at the direction and to the satisfaction of the 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)].