The above-captioned case was scheduled for hearing on in January 2, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Coutu, Richard, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Grenga of the Smithfield Fire Marshal’s Office.  A motion was made by Commissioner Burlingame 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 June 19, 2000 inspection report complied by the Smithfield Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshal’s Office during the January 2, 2000 hearing on this matter.  

Accordingly, the Board hereby incorporates the June 19, 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 grants a variance from the provisions of section 23-28.9-2(b) in order to allow the Applicant to maintain the existing furnace room wall rating of this facility.  This variance was granted pursuant to the Applicant’s agreement to provide this facility with an approved local fire alarm system as outlined in items 14 and 15 below. This variance is further granted pursuant to the Applicant agreement to provide the furnace room with a domestically-supplied sprinkler head as outlined in item 2 below.

2. The Board hereby grants a variance from the provisions of section 23-28.9-3 in order to allow the Applicant to provide the furnace room with an approved door and assembly at the direction and to the satisfaction of the Smithfield Fire Marshal, within 120 days of the date of this decision. The Board further directs the Applicant to provide an approved domestically-supplied sprinkler head over the furnace of this facility.

3. The Board hereby directs the Applicant to correct deficiency 3 by providing the cited furnace room with an approved air vent, at the direction and to the satisfaction of the Smithfield Fire Marshal within 120 days of the date of this decision.

4. The Board hereby directs the Applicant to correct deficiency 4 by incorporating the heat detection, currently in the furnace room, into the fire alarm system proposed for this facility, as outlined in item 14 below, at the direction and to the satisfaction of the Smithfield Fire Marshal within 120 days of the date of this decision.

5. 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 stairway construction as modified herein.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain solid core wood doors having an approximate fire rating of 20 minutes, in the existing door jambs of this facility.  The above doors shall be further equipped with approved self closures and sweepers or other tightening devices at the direction to the satisfaction of the Smithfield Fire Marshal's office.  The above doors shall be installed, where needed, to the satisfaction of the Smithfield Fire Marshal within what under 120 days of the date of this decision.  In granting this variance, it is the understanding and direction of the Board that the basement of this facility shall remain an unoccupied space.

6(a)&(b).  It is the understanding of the Board that the Applicant has corrected deficiencies 6(a) and 6(b), at the direction and to the satisfaction of the Smithfield Fire Marshal.

7(a),(b)&(c). The Board hereby directs the Applicant to correct deficiencies 7(a), 7(b) and 7(c) at the direction and to the satisfaction of the Smithfield Fire Marshal within 120 days of the date of this decision.

8. It is the understanding of the Board that the Applicant has corrected deficiency 8(1) by re-swinging the cited door at the top of the basement stairway into the retail sales area. 

The Board hereby grants a variance from the provisions of section 23-28.17-5(a) in order to allow the Applicant to maintain the existing swing of the cited second floor apartment doors.  In granting this variance, the Board notes that the Smithfield Fire Marshal's office had no objection.

9. The Board hereby directs the Applicant to correct deficiency 9 by providing the cited interior doors with approved self closures, installed at the direction and to the satisfaction of the Smithfield Fire Marshal within 120 days of the date of this decision.

10. It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the Smithfield Fire Marshal.  

11. The Board hereby grants a variance from the provisions of section 23-28.17-10(3) as it relates to the apartment units of this facility.  In granting this variance, it is the understanding and direction of the Board that the Applicant shall provide the actual business occupancy with approved exit signage, at the direction and to the satisfaction of the Smithfield Fire Marshal within 120 days of the date of this decision.

12. As a condition of the variances granted herein, the Board directs the Applicant to provide the retail area and the general egress passageways of this facility with approved emergency lighting installed at the direction and to the satisfaction of the Smithfield Fire Marshal within 120 days of the date of this decision.

13. The Board hereby grants a variance from the provisions of section 23-28.17-12 and NFPA standard 10, 1988 edition, in order to allow the Applicant to maintain approved fire extinguishers within each of the apartment units and the basement of this facility.  The above fire extinguishers shall be installed at the direction and to the satisfaction of the Smithfield Fire Marshal within 15 days of the date of this decision.

14. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, in accordance with the provisions of section 23-28.25-4(a), at the direction and to the satisfaction of the Smithfield Fire Marshal, or designee, within 120 days of the date of this decision.

15. As a condition of the variances granted herein, the Board hereby directs the Applicant to extend the above fire alarm system and to the furnace room this facility at the direction and to the satisfaction of the Smithfield Fire Marshal 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)].