The above-captioned case was scheduled for hearing on August 21, 2001 at 1:30 P.M. At that time a subcommittee of the Board reviewed the Applicant’s requests.  The subcommittee recommendations were subsequently approved during an August 28, 2001 full hearing of the Board. At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, O’Connell, Evans, Burlingame and Filippi were present.  A motion was made by Commissioner Coutu and seconded by Commissioner  Evans to grant the Applicant relief as outlined herein pursuant to the subcommittee recommendations.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a February 8, 2001 inspection report compiled by the State Fire Marshal’s Office. The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the August 21, 2001 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the February 8, 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. During the August 21, 2001 hearing on this matter, the Board was advised that the Applicant is currently maintaining seven apartment units within this facility.  The Board was further advised by the building official that this facility should only be occupied as a six unit complex.  In its review of the actual occupancy of this facility, the Board is neither sanctioning nor approving an occupancy exceeding the legal limit.  However, the Board notes that, for purposes of fire code compliance, the requirements for a six unit facility are the same as a seven unit facility.
	
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 systems of this facility as modified herein.  In granting this variance, the Board directs the Applicant to replace any exit and exit access windows, which have less than 5.7 sq. ft. of unobstructed area, with approved windows maintaining at least 5.7 sq. ft. of unobstructed area.  But further directs the Applicant to remove the air conditioner from the fire escape access window and to further provide the third floor apartment with an approved casement window.  The above windows shall be corrected at the direction and to the satisfaction of the State Fire Marshal within 120 days of the date of this decision.  The above variance is further conditioned upon the Applicant’s installation of an approved local fire alarm system as outlined in item 9 below.

2. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the existing construction and configuration of egress passageways of this facility.  In granting this variance, it is the understanding of the Board that the State Fire Marshal's Office has no objection to the Applicant’s agreement provide this facility with an approved fire alarm system.

3(a). 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 and rating of the cited interior stairway.  In granting this variance, it is the understanding a Board that the Applicant has properly maintained the interior stairway walls.

3(b). It is the understanding of the Board that the Applicant has corrected deficiency 3(b) by providing the cited stairs with approved handrails to the satisfaction of the State Fire Marshal's Office.

4. It is the understanding of the Board that the Applicant has corrected deficiency 4 by re-swinging the cited interior door to the outside.

5. Is the understanding of the Board that the Applicant has corrected deficiency 5 by providing the cited apartment doors with approved self-closing devices.

6. As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved group type A, externally illuminated, exit signs installed at the direction and to the satisfaction of the State Fire Marshal within 120 days of the date of this decision.

7. During the August 21, 2001 hearing on this matter, the Board was advised that the main egress system of this facility was equipped with approved emergency lighting.  The Board was further advised that the basement area, lacking emergency lighting, was not unoccupied area.  Accordingly, the Board directs the Applicant to maintain the existing emergency lighting covering the occupied areas of this facility.

8. 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 of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the State Fire Marshal.

9. As a condition of the variances granted herein, and pursuant to the Board's understanding that there shall be no more than seven apartment units and possibly less, the Board hereby directs the Applicant to provide this facility with an approved knox box and local fire alarm system installed, in accordance with the provisions of sections 23-28.16-16 and 23-28.25-4(a), at the direction and to the satisfaction of the State Fire Marshal within 120 days of the date of this decision.

10. The Board notes that deficiency 10 is informational in nature.

11. During the August 21, 2001 hearing on this matter, the Board was advised that the Applicant would to correct deficiency 11 by making keys available to all tenants in order to allow access to the cited remote on-off switch.

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 above subcommittee Decision to the Full Board within thirty (30) days of the mailing date of this Decision by requesting review by the Full Board. [R.I.G.L. 23-28.3-5(b)(4)]. Commencement of such an action for review does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].