The above-captioned case was scheduled for hearing on October 31, 2000 at 1:30 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, O'Connell, Evans, Richard, Pearson, Coutu, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Karl A. Petsching of the North Scituate 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
	
The numbers of the Decision below correspond with those of a March 24, 2000 inspection report complied by the North Scituate Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the North Scituate Fire Marshal’s Office during the October 31, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the March 24, 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. 
	
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

132 Danielson Pike

1. The Board hereby directs the Applicant to correct deficiency 1, under the above address, by providing this facility with approved Class-A (externally illuminated) exit signs, installed within 120 days of the date of this decision.

134 Danielson Pike

1(a)&(b). The Board hereby directs the Applicant to correct deficiency 1, under the above address, by removing the cited obstructions and maintaining clearly defined egress passageways, within this facility, within 120 days of the date of this decision.

2. It is the understanding of the Board that the Applicant has corrected deficiency 2 by re-swinging the cited egress door, from the store to the main entrance stairway, in the direction of exit travel.

3. The Board hereby grants a variance from the provisions of section 23-28.17-6 in order to allow the Applicant to equip the cited egress doors with approved “schoolhouse type locking devices”, within 120 days the date of this decision.

4. The Board directs the Applicant to provide externally illuminated “Not an Exit” signs on the cited doors not utilized for egress.  The above signs shall be posted within 120 days of the date of this decision.

5. The Board by grants a variance from the provisions of section 23-28.17-11 and 23-28.23-23 in order to allow the Applicant to utilize approved Class A (external illuminated) exit signs in the area of the main entrance and the area of the alternate means of egress.

6(a). The Board hereby grants a variance from the provisions of sections 23-28.17-12 and 23-28.24-2 in order to allow the Applicant not to provide emergency lighting in each room of the store.

6(b). The Board hereby directs the Applicant to provide the cited front stairway of this facility with an approved emergency lighting unit, within 120 days of the date of this decision.

6(c). The Board hereby grants a variance from the provisions of section 23-28.17-12 and 23-28.24-2 in order to allow the Applicant not to maintain emergency lighting in the rear stairway and passageways of this facility.

132 -- 138 Danielson Pike, Complex 

1. The Board hereby directs the Applicant to correct deficiency 1, under the above address,  by re-swinging the cited door and providing approved panic hardware, at the direction of the North Scituate Fire Marshal, within 120 days the date of this decision.

2. During the October 31, 2000 hearing on this matter, the Board was advised that the Applicant maintained an approved fire alarm system in the business units of this facility.  The Board hereby directs the Applicant to provide early warning to the residential units of this facility by providing these units with approved horn/strobe devices, connected to the fire alarm system, within 120 days the date of this decision.

3. The Board hereby grants a variance from the provisions of section 23-28.17-2 in order to allow the Applicant to maintain the existing egress from the apartment on the third story of this facility.  In granting this variance, it is the understanding of the Board that the North Scituate Fire Marshal has no objection.

4. The Board hereby grants a variance from the provisions of section 23-28.8-1 in order to allow the Applicant to maintain the cited fire escape on the rear of this building.  In granting this variance, it is the understanding of the Board that the fire escape is in good repair and that the North Scituate Fire Marshal has no objection.

5. The Board hereby directs the Applicant to remove the cited obstructions from the egress system of this facility within 120 days of the date of this decision.

6. The Board hereby directs the Applicant to correct deficiency 6 by providing the cited “first door”, within the enclosed egress passageway from the third floor to the outside, with an externally illuminated “not an exit” sign. The above sign shall be installed within 120 days of the date this decision.

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)].