The above captioned case was scheduled for hearing on October 30, 2001 at l:00 p.m.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Filippi, Coutu, and Newbrook.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.  

FINDING OF FACT

The numbers of the Decision below correspond with those of an October l, 1999 inspection report compiled 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 30, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the October l, l999 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.l-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.l6-5 in order to allow the Applicant to maintain the existing rating on the cited egress stairways of this facility.  In granting this variance, it is the understanding of the Board that the Applicant shall provide this facility with an approved fire alarm system, at the direction and to the satisfaction of the East Providence Fire Marshal or designee, in accordance with item #5 below.

B.	It is the understanding of the Board that the Applicant shall correct deficiency #lB by providing the cited access panels with an approved double layer of 5/8 inch sheet rock, at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.

C.	The Board hereby directs the Applicant to correct deficiency #lC, by providing the cited attic access panels at the top of stairways A & B with an approved double 5/8 inch sheet rock shielding, installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.  The Board further grants a variance in order to allow the Applicant to maintain the existing swing of the egress doors leading to the outside of this facility.

3.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

4.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

5.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the East Providence Fire Marshal or designee, in accordance with the provisions of Chapter 23-28.25-4, within one hundred and twenty (l20) days from the date of this Decision.

6.	It is the understanding of the Board that the Applicant has removed the stored combustibles from the egress stairways of this facility.

7.	The Board hereby grants a variance from the provisions of Section 23-28.9-2 in order to allow the Applicant to maintain the existing segregation of the boiler room.  As a condition of this variance, the Board directs the Applicant to provide the boiler room area with approved domestically supplied sprinkler heads, installed at the direction and to the satisfaction of the East Providence Fire Marshal within one hundred and twenty (l20) days from the date of this Decision.

8.	It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing the oil fired boiler with an approved emergency shut off switch.

9.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved smoke detection installed at the direction and to the satisfaction of the East Providence Fire Marshal within one hundred and twenty (l20) days from the date of this Decision.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]