The above-captioned case was scheduled for hearing on October 17, 2000 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Newbrook, Fang, Evans, Filippi and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Carey of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Coutu 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 November 2, 1999 inspection report complied by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the October 17, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the November 2, 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(a). The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to utilize spring-loaded hinges on the apartment doors of this facility.

1(b). It is the understanding of the Board that the Applicant has corrected deficiency number 1(b).

1(c). It is the understanding of the Board that the Applicant previously received a variance covering deficiency 1(c). Accordingly, no further action is necessary.

2. During the October 17, 2000 hearing on this matter, the Board was advised that the East Providence Fire Marshal requested an upgrade of the existing fire alarm system of this complex.  Accordingly, as a condition of the variances granted herein, the Board hereby directs the Applicant to upgrade the fire alarm system of this facility by providing horn strobe units both inside the common use areas and on the outside of the building.  The Board further directs the Applicant to provide hardwired smoke detector coverage in the common use areas and to further connect those smoke detectors to a panel which, in turn, shall be connected to a master box.  The above single master box shall be allowed to service both the 1355 and 1357 Wampanog trail properties.  As outlined above, both properties shall be equipped with exterior horn-strobe units.  The system upgrade, as outlined above, shall be at the direction and to the satisfaction of East Providence Fire Marshal. The Applicant is hereby granted a time variance of 120 days in which to upgrade the system.  This file shall remain open, in order to address any concerns or questions the parties may have.	

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)].