The above-captioned case was scheduled for hearing on January 9, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Newbrook, O’Connell, Evans, Filippi and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan L. Hawksley of the East Greenwich Fire Marshal’s Office.  A motion was made by Commissioner Newbrook 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 July 22, 2000 plan review report complied by the East Greenwich Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshal’s Office during the January 9, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the July 26, 2000 plan review 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 finds deficiency 1 to be informational in nature and not a violation of the state fire code.

2. The Board also finds deficiency 2 to be informational in nature and not a violation of the state fire code.

3. The Board hereby grants a variance from the provisions of sections 26-2 and 5-2.1.4.6 in order to allow the Applicant to maintain the existing cited door width, swing and elevation on either side.

4. The Board hereby directs the Applicant to correct deficiency 4 by providing the cited exit doors with approved hardware installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within sixty days of the date of this decision.

5. The Board notes that there it is no deficiency 5 on the July 26, 2000 plan review report.

6. The Board hereby grants a variance from the provisions of section 26-2.3.2 in order to allow the Applicant to maintain the existing width of the cited corridors within this facility.  In granting this variance, it is the understanding of the Board that the East Greenwich Fire Marshal's office has no objection on the basis of structural hardship.

7. The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved egress, at the direction and to the satisfaction of the East Greenwich Fire Marshal within 60 days of the date of this decision.

8. The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved emergency lighting, as deemed necessary, at the direction and to the satisfaction of the East Greenwich Fire Marshal within 60 days of the date of this decision.

9. The Board hereby directs the Applicant to correct deficiency 9 by providing this facility with approved exit signage, installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within 120 days of the date of this decision.

10. During the January 9, 2001 hearing on this matter, the Board was advised that the Applicant had provided a sheetrock partition around the boiler of this facility.  The Board was further revised that the Applicant would be unable to provide the boiler room ceiling with an approved rating.  Accordingly, the Applicant proposed to cover the boiler room area with a system of up to 3 domestically supplied sprinkler heads equipped with a backflow prevention device.  The Applicant further agreed to provide the existing boiler room door jamb of this facility with an approved solid core wood door maintaining an approximate fire rating of 20 minutes. Accordingly, the Board hereby grants a variance from the provisions of section 26-3.2.1(a) and (b) in order to allow the Applicant to provide the boiler room of this facility with up to 3 domestically supplied sprinkler heads with a backflow prevention device and to further provide the existing furnace room door jamb of this facility with an approved solid core wood door having an approximate firing of 20 minutes.  The above door shall be further equipped with spring-loaded hinges. The above sprinkler heads and solid core door shall be installed, at the direction and to the satisfaction of the Woonsocket Fire Marshal within sixty days of the date of this decision.

11. The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with approved exit signs, at the direction and to the satisfaction of the East Greenwich Fire Marshal within sixty days of the date of this decision.

12. The Board hereby directs the Applicant to correct deficiency 12 by providing this facility with approved floor finish, at the direction and to the satisfaction of the East Greenwich Fire Marshal within sixty days of the date of this decision.

13. The Board hereby grants a variance from the provisions of section 23-28.17-14, and its referenced standards, in order to allow the Applicant to provide this facility with approved interconnected smoke detectors installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within sixty days of the date of this decision. 

14. The Board hereby directs the Applicant to correct deficiency 14 by providing this facility with approved portable fire extinguishers, installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within sixty days of the date of this decision.

15. The Board hereby directs the Applicant to correct deficiency 15 by properly training the employees of this facility in the use of portable fire extinguishers at the direction and to the satisfaction of the East Greenwich Fire Marshal. 

16. The Board hereby directs the Applicant to correct deficiency 16 by bringing the utilities of this facility into compliance with section 7-1 and by bringing the heating ventilation air-conditioning in compliance with section 7-2, at the direction and to the satisfaction of the East Greenwich Fire Marshal.

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)].