The above-captioned case was scheduled for hearing on July 18, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Pearson, Filippi, Fang, Richard, Evans, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Patrick Cull of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi 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 and October 19, 1999 inspection report complied by the Cranston Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshal’s Office during the July 18, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the October 19, 1999 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

1-11. During a July 18, 2000 hearing on this matter, the Applicant advised the Board that he either would correct, or had already corrected, deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11.

12. During the July 18, 2000 hearing on this matter, the Board reaffirmed its position that a prior variance, granted to allow an existing door swing to remain opposite to the direction of egress travel, would remain with the building until or unless there was a change in use or occupancy or the building was renovated in excess of 50 percent.  Accordingly, the Applicant's replacement of an existing door does not avoid the original variance.

13. The Board hereby grants a variance from the provisions Rhode Island General Law section 23-28.16-6 in order to allow the Applicant to maintain the existing apartment doors within this facility and to allow those doors to be equipped with spring-loaded hinges.  In granting in granting this variance, the Board notes that this facility is equipped with firewalls, fire doors and a municipally connected fire alarm system.

14. It is the understanding of the Board that the Applicant has corrected deficiency 14 by removing the cited flammables and combustibles from the custodial room in this facility.

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)].