The above-captioned cases were scheduled for hearing on December 17, 2002 at 1:00 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Henry Lateck of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Wahlberg  to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the December 17, 2002 hearing on this matter, the Board was advised and finds that this complex consists of three buildings built in 1970. Buildings 1 and 3 each have eighteen (18) living units.  Building 2 has thirty (30) living units and approximately 23,042 square feet of living area.  
	
The Board further finds that the above buildings are wood frame construction with pre-fabricated exterior wooden walls. They have gable hip roofs with asphalt shingles.  The buildings are heated by gas-fired boilers. The boilers are in approved one-hour enclosure rooms.  However, the boiler room doors are not labeled and do not have approved self-closing devices. Finally, these buildings are currently protected by an older fire alarm system that is not municipally connected.   
	
On July 18, 2001, the Cranston Fire Marshal’s Office provided the Applicant with an inspection report covering the fire code deficiencies within this complex. This report was used by the Board, the Applicant and the Cranston Fire Marshal during the December 17, 2002 hearing on this matter. Accordingly, the Board hereby incorporates the July 18, 2001 inspection report as its supplemental findings of fact. It is the understanding of the Board that the Applicant has corrected the deficiencies cited in the above report with the exception of the missing door labels, spring loaded hinges, the fire alarm, the absence of exit signs and emergency lighting. 
	
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 23-28.16-6 in order to allow the Applicant to maintain the existing solid core doors and jambs within the egress system of the above-cited buildings within this complex. The Board further grants a variance in order to allow the Applicant to maintain the existing metal doors and jambs in the boiler rooms of this complex.

2. As a condition of the variances granted herein, the Board hereby directs the Applicant to equip the above doors with approved UL listed spring loaded hinges, installed at the direction and to the satisfaction of the Cranston Fire Marshal, within one hundred eighty (180) days of the date of this Decision.

3. The Board hereby grants a variance from the provisions of section 23-28.16-11 in order to allow the Applicant not to provide these facilities with exit signs. In granting this variance, it is the understanding of the Board that the exit routes in these facilities are obvious and that the Cranston Fire Marshal has no objection to the granting of this relief. 

4. As a condition of the variances granted herein, the Board further directs the Applicant to provide the front stairways of these buildings with approved emergency lighting installed at the direction and to the satisfaction of the Cranston Fire Marshal within one hundred eighty (180) days of the date of this Decision.

5. As a condition of the variances granted herein, the Board finally directs the Applicant to provide these buildings with approved municipally connected fire alarm systems within one hundred eighty (180) days of the date of this decision. However, pursuant to the Applicant’s request and in light of the close proximity of these buildings, the Board shall allow the Applicant to provide the smaller buildings with local systems tied into a master box system located in the building with thirty (30) units. The above systems shall be installed at the direction and to the satisfaction of the Cranston Fire Marshal and Superintendent of Fire Alarms within one hundred eighty (180) days of the date of this Decision. If additional time is needed, or questions arise, the Applicant may re-petition the Board under the original file number in this case.  

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)].