The above-captioned case was scheduled for hearing on December 12, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Richard, Evans, Filippi and Burlingame were present. Commissioner Coutu recused himself from consideration of this case. The fire service was represented by Assistant Deputy State Fire Marshal Roland St. George of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Evans 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 May 4, 2000 inspection report complied by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the December 12, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the May 4, 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

1. The Board hereby directs the Applicant to correct deficiency 1, by repairing the cited fire escapes and ladders, at the direction and to the satisfaction of the Central Falls Fire Marshal 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 providing the cited boiler with an approved remote shutoff switch, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office.

3. 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.  In granting this variance, the Board directs the Applicant to provide the wood surfaces of the egress system with approved Class-A finish, at the direction and to the satisfaction of the Central Falls Fire Marshal's office.  The Board further directs the Applicant to provide heat detectors in those living rooms that have common windows with the egress system.  In granting this variance, it is the further understanding of the Board that the Applicant shall provide the porches of this facility with approved smoke detection.  Finally, the Board directs the Applicant to make the above corrections within 120 days of the date of this decision.

4(a),(b),(c)and(d). The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to access the egress system of this facility through existing bedroom windows, through kitchens and/or across combustible porches.  In granting this variance, on the basis of structural hardship, the Board directs the Applicant remove all locks and locking devices from those bedrooms used as part of the egress route.  The Board further directs the Applicant to provide the porches of this facility, used for egress, with approved drywall shield, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office.  The above modification to the egress system shall be completed within 120 days the date of this decision.

5(a),(b),(c),(e),(f)and(g). The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing stairway construction of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide the existing stairway, cellar and porch access door jambs of facility with approved solid core wood doors maintaining an approximate fire rating of twenty minutes.  The above doors shall be installed, at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.  The Board further directs the Applicant to provide the cited wainscoting with approved Class-A finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.  Finally, the Board directs the Applicant to provide the cited porch with an approved sheetrock shield, installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision. The Board notes that there was no deficiency 5(d) listed.

6. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing winding stairways within this facility.  This variance is granted on the basis of structural hardship.

7. The Board hereby grants a variance from the provisions of section 23-28.16-6(b) in order to allow the Applicant to provide the cited egress doors with approved spring loaded hinges, installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

8. The Board hereby grants a variance from the provisions of section 23-28.16-6(c) 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 minutes.  The above doors shall be installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

9. It is the understanding of the Board a deficiency 9 is grandfathered and not being requested by the Central Falls Fire Marshal's office.

10. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 10, by providing this facility with approved emergency lighting, with an initiating relay to the fire alarm system, at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

11. 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 apartment unit of this facility with an approved fire extinguisher, installed at the direction and to the satisfaction of the Central Falls Fire Marshal, within 15 days of the date of this decision.

12. As a condition of the variances granted, the Board hereby directs the Applicant provide this facility with an approved local fire alarm and smoke detector system, installed at the direction and to the satisfaction of the Central Falls Fire Marshal, in accordance with the provisions of sections 23-28.25-4(a) and 23-28.34-24, within 120 days of the date of 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)].