The above-captioned case was scheduled for hearing on June 26, 2001 at 1:30 P.M. At that time, Acting Chairman Evans and Commissioners Wahlberg, Newbrook, O’Connell, Pearson and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook 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 June 20, 2001 inspection report complied by the East Greenwich Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshal’s Office during the June 26, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the June 20, 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 grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the existing construction and rating of the cited exit access corridors.  In granting this variance, the Board directs the Applicant to provide the wooden surfaces of the corridors with an approved Class-A finish installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 150 days of the date of this decision.

2. The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to provide the existing apartment door jambs with approved solid core doors maintaining an approximate fire rating of twenty minutes or to sprinkler both sides of the above doors or to provide the doors with applied product which will achieve a 20 minute rating the satisfaction of East Greenwich Fire Marshal's office.

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 stairway and vertical opening construction of this facility.  This variance is based upon structural hardship in light of the Applicant’s agreement to provide this facility with approved fire alarm system.

4. The Board finds that deficiency four is moot.

5. 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 winding stairs and stairway dimensions within this facility.

6. The Board hereby 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 doors.

7. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the cited doors with self closing devices approved by the East Greenwich Fire Marshal's office, within 150 days of the date of this decision.

8. See item 2 above.

9. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing dimensions of the cited doors.

10. The Board hereby directs the Applicant to correct deficiency 10 by providing this facility with approved fire stopping installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 150 days of the date of this decision.

11. The Board hereby grants a variance from the provisions of section 23-28.16-14 in order to allow the Applicant to protect the egress system of this facility with an approved system of properly engineered, domestically supplied sprinkler heads covering the egress system installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 150 days of the date of this decision.

12. As a condition of the variances granted herein, the Board directs the Applicant provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 150 days of the date of this decision.  The Applicant shall further have the option of providing this facility with an addressable local fire alarm system approved by the East Greenwich Fire Marshal and installed in accordance with the above time frame.

13. The Board hereby directs the Applicant to correct deficiency 13 by providing this facility with approved smoke detection installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 150 days of the date of this decision.

14. The Board hereby grants a variance from the provisions of chapter 23-28.9 provided the Applicant place a domestic sprinkler head over the boiler of this facility within the above 150 day time frame.

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)].