The above-captioned case was scheduled for hearing on June 5, 2001 at 1:30 P.M. At that time, Vice Chairman Richard and Commissioners Newbrook, O’Connell, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barroso of the Woonsocket Fire Marshal’s Office and Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein. The motion was unanimous. During the June 5, 2001 hearing, the Board was advised that the Applicant had provided this building with an approved fire alarm system and that the building was not currently occupied. Accordingly, the Applicant was directed to comply with the Board’s decision prior to the re-occupancy of this building.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a July 17, 2000 inspection report complied by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the June 5, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the July 17, 2000 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 section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified below.  In granting this variance, it is the understanding of the Board that the Applicant has already provided this facility with approved fire alarm system.

2. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to utilize fire escapes as a second means of egress from the second and third floors of this facility. In granting this variance, the Board directs the Applicant remove all locks and locking devices from the bedroom doors through which access to the fire escape is achieved.  The above locks shall be removed before re-occupancy of this facility.

3. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing construction of the cited stairway walls.  In granting this variance on the basis of structural hardship, the Board directs the Applicant to provide the wainscoting in the stairway with an approved Class-A finish installed at the direction and to the satisfaction of the Woonsocket Fire Marshal before re- occupancy of this facility.

4.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire 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 Woonsocket Fire Marshal before re- occupancy of this facility.  The Board further grants a variance from the provisions of section 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the cited exterior doors of this facility.  In granting this variance, it is the understanding of the Board that the Woonsocket Fire Marshal's office has no objection in light of the Applicant's installation of a fire alarm system within this facility.

5. The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the Applicant to provide each of the apartment units and the basement of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Woonsocket Fire Marshal before re-occupancy of this facility.

6. It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with an approved fire alarm system in accordance with the provisions of section 23-28.25-4(a).  Accordingly, as a condition of the variances granted herein, the Applicant is directed to maintain this fire alarm system as a required system.

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)].