The above-captioned case was originally scheduled for hearing on September 24, 2002 at 1:00 P.M. At that time, Chairman Farrell assigned the case for onsite review by a subcommittee of the Board.  The onsite was conducted on October 15, 2002 at 1:00 PM. Chairman Farrell and Members Wahlberg, Burlingame, Preiss, Newbrook and Pearson were present. The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal’s Office and Assistant Deputy State Fire Marshal John Jasper of the Johnston Fire Marshal’s Office.  The findings of the Subcommittee were reported to the full Board on October 22, 2002. A motion to adopt the subcommittee recommendations was made, seconded and passed with the unanimous approval of the Board. The members participating in this vote were Acting Chairman Burlingame and Commissioners Wahlberg, O’Connell, Newbrook, Richard, Preiss, Coutu and Filippi.  
 
FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an August 28, 2002 inspection  report compiled by the State and Johnston Fire Marshals’ Offices. The above report was utilized by the Board, the Applicant and the State and Johnston Fire Marshals’ Offices during the October 15, 2002 onsite Subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the August 28, 2002 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 notes that deficiency 1 is grandfathered and that the Applicant is not required to provide this facility with a municipally connected fire alarm system. The Board further notes that this facility is fully sprinkled. In order to secure certain structural variances, the Applicant has agreed to provide the basement level of this facility with an approved local fire alarm system. Pursuant to its discussion with the Applicant during the onsite meeting, the Board further directs the Applicant to provide a signaling device in each of the upper level occupancies in order to notify the occupants of the upper level of the activation of the local fire alarm system on the lower level.  The Applicant has further agreed to connect the sprinkler system of this facility, into the above local fire alarm system, with a single approved flow switch.  

2. The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with approved emergency lighting at the direction and to the satisfaction of the State and Johnston Fire Marshals’ Office. Specifically, the Applicant shall provide emergency lighting units and/or heads in the convenience store and the pizza parlor and in the former garage area utilized by these stores as part of their second means of egress. The requirement for additional heads, if any, shall be reviewed, by the State and Local Fire Marshals, with the Applicant. 

3. The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with approved exit signs. In those areas where the Applicant has provided emergency lighting, the Applicant may utilize approved group-type A (externally illuminated) metal exit signs in conjunction with the approved emergency lighting.

4. The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved portable fire extinguishers, installed at the direction and to the satisfaction of the State and Johnston Fire Marshals, within fifteen (15) days of the date of this decision.

5. During the onsite inspection of this facility, the Subcommittee was advised that the Applicant provides quarterly testing of the sprinkler system in this facility. The Board was further advised that the Applicant maintains a sprinkler wrench and the required spare sprinkler heads. The Board directs the Applicant to locate the wrench and sprinkler heads at the direction and to the satisfaction of the State and Johnston Fire Marshals. The Board hereby directs the Applicant to correct the remainder of deficiency 5 by replacing all sprinkler heads that have been painted. The Board further directs the Applicant to expose all of the sprinkler heads in this facility by relocating (dropping) any hidden sprinkler heads below the ceiling tiles, or by providing melt-away ceiling tiles in these areas, or by permanently removing all ceiling tiles around each obstructed sprinkler head.

6. It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing approved inspection and certification of the fire extinguishers in the pizza parlor/deli area of this facility.

7. The Board hereby directs the Applicant to correct deficiency 7 by properly testing and securing certification of the pizza parlor/deli hood suppression system and by making all required changes and/or repairs to this system required for certification. 

8. It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing a second means of egress from the pizza parlor/deli through a former garage.  The former garage currently has an approved exit discharge door, equipped with panic hardware, leading directly to an area of refuge.  The Board hereby directs the Applicant to maintain the exit access doors, and path of egress through this area, free of all obstructions and any gas-fired equipment.

9. The Board hereby directs the Applicant to correct deficiency 9 by providing the pizza parlor/deli with approved emergency lighting as outlined in item 2 above.

10. The Board hereby directs the Applicant to correct deficiency 10 by providing the pizza parlor/deli with an approved exit sign as outlined in item 3 above.

11. The Board hereby directs the Applicant to correct deficiency 11 by repairing the cited rear wooden deck floor, rails, steps and guards, as needed, at the direction and to the satisfaction of the State and Johnston Fire Marshals in accordance with the State Fire Code. As discussed during the onsite meeting, the Board further directs the Applicant to advise the local Building Official of this repair work and to further comply with all of the Building Code requirements covering this repair work.   

12. With regard to item 12, the Board hereby grants the Applicant the option of either providing approved egress and fire rated separation between all of the occupancies on the lower (basement) level of this facility, or by providing the lower (basement) level with the approved local fire alarm system outlined in item 1 above. The local fire alarm system shall be further equipped with interconnected notification horns, located in each of the other units of this complex, and a single flow switch from the sprinkler system allowing for complex-wide notification in the event of activation of the sprinkler system. 

13. The Board hereby grants a variance from the provision of section 23-28.9-(b) in order to allow the Applicant to maintain the cited gas-fired heater unenclosed. In granting this variance, the Board notes that the above heater is currently protected by approved sprinkler coverage. 

14. It is the understanding of the Board that the Applicant has properly corrected deficiency 14. The Board notes that the cited unit may only need a single means of egress. Accordingly, if the Applicant chooses not to maintain this second means of egress in this unit, the Board directs the Applicant to remove the “exit” sign from above the door.

15. The Board hereby directs the Applicant to correct deficiency 15 by providing the cited existing fire escape platform with an approved metal staircase and handrail leading to a second metal platform with handrails located approximately eight(8)feet above grade. The Applicant may then provide an approved “drop-down type” ladder from the second metal platform to grade. The above fire escape system shall be properly fabricated and may include components of the original system (i.e. original platform and ladder) deemed acceptable by the State and Johnston Fire Marshals. The Applicant shall provide approved panic hardware (paddle or bar-type) on the fire escape exit access door located on the third level of this facility. The Applicant shall further provide an emergency light head over the above fire escape system. 

16(a). The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the cited third level hallway that provides access to the fire escape system. This variance is based upon structural hardship in light of the Applicant’s agreement to provide this facility with the above fire protection.  

16(b). The Board hereby grants a variance in order to allow the Applicant to maintain the existing ceiling height of the cited third level corridor. This variance is based upon structural hardship in light of the Applicant’s agreement to provide this facility with the above fire protection.  

17. The Board hereby grants a variance in order to allow the Applicant to maintain the existing wood paneling over the cinderblock walls of the of the cited third level egress stairway within this facility. This variance is granted in light of the Applicant’s agreement to provide this facility with the above fire protection.  

18. The Board hereby grants a variance in order to allow the Applicant to maintain unenclosed the cited stairway from the third level to the exit discharge on the second level. In granting this variance, the Board notes that this stairway has no internal access from the second level but simply discharges to an area of refuge. The Board further notes that providing an enclosure at the top of the stairway would impose a  structural hardship upon the Applicant. Finally, this variance is granted pursuant to the Applicant’s agreement to provide this facility with the above fire protection.  

19. It is the understanding of the Board that the Applicant has corrected deficiency 19 by providing the convenience store with a second means of egress, shared with the pizza parlor/deli, through the renovated garage area as outlined above in item 8.

20. During the October 15, 2002 subcommittee review of this matter, the Board was advised, by the State and Johnston Fire Marshals, that various sprinkler heads were painted and/or obstructed. The Board hereby directs the Applicant to correct this deficiency as outlined in item 5 above.

21. During the October 15, 2002 subcommittee review of this matter, the Board was further advised, by the State and Johnston Fire Marshals, that some of the basement walls in this facility were covered with Styrofoam insulation. In order to eliminate a potential  flame spread problem, the Board hereby directs the Applicant to either remove this insulation or cover it over with approved five eights (5/8) inch sheetrock at the direction and to the satisfaction of the State and Johnston Fire Marshals.

22. In light of the substantial efforts by the Applicant to bring this facility into compliance with the State Fire Code, the Board hereby grants the Applicant a time variance of one hundred twenty (120) days, from the date of this decision, in order to bring this facility into full compliance with 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 Subcommittee’s Recommendation and Decision, within thirty (30) days of the mailing date of this Decision, by submitting a written request for review by the full Board.  Commencement of such a request for review does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].