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.  An initial  motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein. The motion was unanimous. Pursuant to the request of the Applicant, a follow-up motion, granting 15 days for the installation of fire extinguishers, 150 days for the installation of the fire alarm system and an additional 210 days for the remaining items was then made by Commissioner Burlingame and seconded by Commissioner Newbrook. The follow-up motion was unanimous.  Accordingly, the fire extinguishers shall be installed on or before June 20, 2001 and the Applicant shall provide this facility with a full fire alarm system on or before November 2, 2001. The remaining directives of the decision shall be completed on or before May 31, 2002.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of an October 6, 1999 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 October 6, 1999 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 existing egress from this facility as modified herein.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved fire alarm system as outlined in item six below.

2. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to utilize the existing fire escape as a second means of egress.  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.  In granting this variance, it is the understanding of the Board that the Woonsocket Fire Marshal's office has no objection.

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 wall rating of the egress system of this facility.  In granting this variance, the Board directs the Applicant to provide the existing wainscoting within the egress system with an approved Class-A finish, at the direction and to the satisfaction of the Woonsocket Fire Marshal on or before May 31, 2002.

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 apartment door jambs and basement door jamb with approved solid core wood doors maintaining an approximate fire rating of twenty 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 on or before May 31, 2002.  The Board further grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the cited exterior doors.

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 apartment unit and the basement of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Woonsocket Fire Marshal on or before June 20, 2001.

6. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with 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 Woonsocket Fire Marshal on or before November 2, 2001.

7. During a June 5, 2001 hearing on this matter, the Board asked the Woonsocket Fire Marshal whether sprinkler coverage would be advisable in this facility.  In light of the fact that the cellar of this facility is, and shall remain, unoccupied, the Woonsocket Fire Marshal advised the Board that his office would not request sprinkler coverage. Accordingly, conditioned upon the timely compliance with the directives above, the Board hereby grants a variance from the provisions of section 23-28.16-14 in order to allow this facility to remain without sprinkler coverage.

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)].