The above captioned case was scheduled for hearing on July 17, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Pearson, Richard, Evans, Wahlberg, O’Connell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Tim Griffin of the Lonsdale Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Wahlberg 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 a March 6, 200l inspection report compiled by the Lonsdale Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Lonsdale Fire Marshal’s Office during the July l7, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the March 6, 2001 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.	The Board hereby grants a variance from the provisions of Section 23-28.l6-2 in order to allow the Applicant to maintain a single means of egress from the third floor of this facility.  In granting this variance, it is the understanding of the Board that the third level of this facility actually consists of bedroom levels of apartments, which are accessed through the second floor.  During the July l7, 2001 hearing, the Board was further advised that the second floor access to these apartments provided two (2) approved means of egress.

2.	It is the understanding of the Board that the Applicant shall correct deficiency #2 by removing the transoms over the third floor bedroom doors.

3.	A.  It is the understanding of the Board that the Applicant shall correct deficiency #3 by providing the cited stairways with approved one (l) hour rated doors equipped with spring-loaded hinges, installed at the direction and to the satisfaction of the Lonsdale Fire Marshal, prior to occupancy.

B.  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 horsehair plaster of the cited stairwells of this facility. 

4.	The Board hereby directs the Applicant to correct deficiency #4 by providing the cited egress stairs with approved handrails, installed at the direction and to the satisfaction of the Lonsdale Fire Marshal’s Office, prior to occupancy.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(d) in order to allow the Applicant to maintain the existing thirty (30”) width of the cited egress stairs within this facility.  This variance is based on structural hardship and in light of the Applicant’s agreement to provide this facility with an approved local fire alarm system.

6.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(f) in order to allow the Applicant to maintain the existing stairway riser height and tread width of the stairs within this facility.  This variance is also based on structural hardship and in light of the Applicant’s agreement to provide this facility with an approved local fire alarm system.

7.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain the existing swing of the cited doors within this facility.  

8.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6(b) in order to allow the Applicant to provide the cited doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Lonsdale Fire Marshal’s Office, prior to occupancy.

9.	The Board hereby grants a variance from the provisions of Section 23-28.l6-ll in light of the direct paths of egress from this facility.

10.	The Board hereby directs the Applicant to correct deficiency #l0 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Lonsdale Fire Marshal’s Office, prior to occupancy.

11.	The Board hereby grants the Applicant a variance from the provisions of Section 23-28.l6-l3 and NFPA Standard l0, l988 edition in order to allow the Applicant to provide each of the apartment units of this facility with an approved fire extinguisher, installed at the direction and to the satisfaction of the Lonsdale Fire Marshal’s Office, prior to occupancy of this facility.

12.	The Board hereby directs the Applicant to correct deficiency #l2 by removing the cited storage, prior to occupancy of this facility.

13.	As a condition of all of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed in accordance with the provisions of Section 23-28.25-4(a), at the direction and to the satisfaction of the Lonsdale Fire Marshal’s Office, prior to occupancy of this facility.

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)]