The above-captioned case was scheduled for hearing on November 28, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, O'Connell, Newbrook, Richard and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barroso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Burlingame 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 September 20, 2000 inspection report compiled 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 November 28, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the September 20, 2000 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. The Board's specific findings are as follows.
	
The Board finds that this is a five-story unprotected wood frame building constructed prior to 1968. This determination is made pursuant to the uncontested description of the lowest level of this facility. The Board further finds that there are seven apartment units located in this building and, as such, the Board finds that this facility falls under the jurisdiction of the original 1968 Fire Code.  No evidence was presented that the Applicant, or a previous owner, secured a “substitute safety promotion program”, from the State Fire Marshal during the five-year grace period for compliance, as outlined in section 23-28.1-7 of the 1968 Code. The Board further finds that this facility continued to be occupied as an “apartment house” after the expiration of the above five-year grace period.
	
The Board finds that only one apartment within this facility has a single approved means of egress.  The remaining six Apartments of this facility have no approved means of egress.  Specifically, the Board finds that the main egress system walls are constructed of horsehair plaster on wood lath with wood wainscoting located on the lower part of the wall. Further, the Board finds that access to the interior stairway is through a kitchen area. The Board finds that there are winding stairs located within the front means of egress. The Board further finds that the apartment doors, in the main egress system, are not one-hour fire rated and not equipped with approved door closers. The Board further finds that the secondary means of egress, on the right side of the building, is constructed from non-rated enclosed porches with exposed, unprotected kitchen windows. The second means of egress, for the rear tenants living in this facility, is a hallway that leads to a second floor porch area that does not have a staircase leading to a ground area of safe refuge. Accordingly, the Board finds that the above-cited egress systems are non-rated, structurally deficient and unprotected. 
	
During the November 28, 2000 hearing on this matter, it was uncontested that there were residents of this facility who slept above the third level.  Accordingly, the Board finds that there are people sleeping above the third floor of this facility and that the facility lacks an approved sprinkler system in accordance with NFPA standard 13, 1989 edition and its referenced standards. Finally, the Board finds that this seven family apartment house has no emergency lighting, no exit signs, no fire extinguishers and no fire alarm system.
	
The term “approved”, as used in the “Conclusion and Variance Requests” section below, is defined in section 23-28.1-4(3) of the Rhode Island General Laws. 

CONCLUSIONS AND VARIANCE REQUESTS

1. During the November 28, 2000 hearing on this matter, the Applicant agreed to protect this facility with an approved local fire alarm system and a properly engineered system of domestically-supplied sprinkler heads.  The Applicant further agreed to provide this facility with approved exit signs, emergency lighting and fire extinguishers. In light of the Applicant’s agreement to provide this facility with the above “active fire protection”, the Board carefully considered each of the Applicant's request for structural relief from the “passive fire protection”, or egress system, requirements for this facility.
	
Light of the above, 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 system of this facility as modified herein.  As a condition of this variance, the Applicant is directed to provide this facility with the active fire protection as outlined above.  In light of the Applicant's agreement to provide this facility with the active fire protection outlined above, the Woonsocket Fire Marshal's office had no objection to this variance.

2. The Board hereby grants a variance from the provisions of section 23-28.16-3(a) in order to allow the Applicant to maintain access to the interior stairs through a kitchen area.  In granting this variance, on the basis of structural hardship, the Board directs the Applicant to protect both sides of the egress doors, leading from the kitchens of this facility, with approved domestically-supplied sprinkler heads as outlined in item 11 below.  Light of the above, and the agreed-upon active fire protection package for this building, Woonsocket Fire Marshal's office has no objection.

2(a). The Board hereby grants a variance from the provisions of section 23-28.16-3(d) in order to allow the Applicant maintain the existing construction and rating of the cited egress passageways of this facility.  As a condition of this variance, the Board directs the Applicant to provide this facility with the approved fire safety package as outlined in items 8,9, 10, 11 and 12 below.  In light of the above, 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(a) in order to allow the Applicant to maintain the existing wall construction of the cited stairways.  In granting this variance, the Board directs the Applicant to provide an approved Class-A finish on the cited wainscoting and to further provide this facility with the approved fire safety package as outlined in items 8,9, 10, 11 and 12 below.  In the light of the above, the Woonsocket Fire Marshal's office has no objection.

4. The Board hereby grants a variance from the provisions of section 23-28.16-5(c) in order to allow the Applicant maintain the existing cited width of the stairways within this facility. As a condition of this variance, the Board directs the Applicant to provide this facility with the approved fire safety package as outlined in items 8,9, 10, 11 and 12 below.  In light of the above, the Woonsocket Fire Marshal's office has no objection.  

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 located in the front means of egress of this facility. As a condition of this variance, the Board directs the Applicant to provide this facility with the approved fire safety package as outlined in items 8,9, 10, 11 and 12 below.  In light of the above, the Woonsocket Fire Marshal's office has no objection.

6. 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 egress door jambs of this facility with approved solid core doors maintaining an approximate fire rating of 20 minutes.  The above doors shall be further equipped with approved spring-loaded hinges and installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.
	
The Board hereby grants a variance from the provisions of section 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the cited exterior door.  In granting this variance, the Board notes that the Woonsocket Fire Marshal has no objection because re-swinging the cited door would create a hazardous condition.

7. The Board hereby directs the Applicant to correct deficiency 7, by providing this facility with approved fire stopping, at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.

8. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved Group Type-A exit signs, installed in accordance with the provisions of sections 23-28.16-11 and 23-28.23-1 et seq., at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.

9. As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed in accordance with the provisions of sections 23-28.16-12 and 23-28.24-1 et seq., at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.

10. 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.  The above extinguishers shall be installed, at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 15 days of the date of this decision.

11. During the November 28, 2000 hearing on this matter, it was uncontested that there are people sleeping above the third floor of this facility.  Accordingly, the facility would require an approved full NFPA standard 13 sprinkler system.  However, the Applicant, his attorney and the Woonsocket Fire Marshal developed a plan of action for this facility that would allow for a domestically-supplied limited coverage system of sprinkler heads. Accordingly, the Board hereby grants a variance from the provisions of section 23-28.16-14 in order to allow the Applicant to provide this facility with a properly engineered system of domestically-supplied sprinkler heads. These heads shall cover the primary egress system of this facility with additional sprinkler heads located on both sides of a kitchen doors leading into the egress system.  The above variance shall further allow the engineered design this system to utilize the flow and other hydraulic requirements as outlined in NFPA 101, 1997 edition, section 7-7.1.2 for limited coverage, domestically supplied, systems.  The actual number and placement of heads shall be at the direction and to the satisfaction of the Woonsocket Fire Marshal.  
	
Finally, the above variance shall grant the Applicant relief from bringing a separate line, from the main water service, into this building.  Accordingly, the Applicant's engineer may supplement pressure and flow through a system pump and holding tank if necessary. 
	
The above system shall be installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.  Failure of the Applicant to install the above system, within the above time frame, will result in the voiding of all the variances granted herein.

12. As a condition of the variances granted herein, the Board directs the Applicant to  provide this facility with an 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, within 120 days of the date of this decision. 

13. The Board hereby directs the Applicant to correct deficiency 13, by providing the first floor tenant’s apartment with an approved remote shutoff switch for the central heating furnace, at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.

Note: Upon the Applicant's full, complete and timely compliance with the above decision, this facility shall be deemed to be in compliance with the state fire code.  Accordingly, all fines and penalties for non-compliance shall be deemed to be moot at that time.

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)].