The above-captioned case was scheduled for hearing on February 17, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners O’Connell, Newbrook, Burlingame, Coutu, Preiss, Wahlberg and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Dettore of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Burlingame 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 December 3, 2003 inspection report compiled by the Cranston Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshal’s Office during the February 17, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the December 3, 2003 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the existing height and rating of the cited passageways.  This variance is based on the fact that the Applicant shall provide this facility with an approved local fire alarm system.  It is a further understanding of the Board that the Applicant shall address the closet located in the stairway of this facility at the direction and to the satisfaction of the Cranston Fire Marshal’s office within 120 days of the date of this decision.
	
2.  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 and rating of this facility in conjunction with the approved fire alarm system.
	
3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with approved handrails, installed at the direction and to the satisfaction of the Cranston Fire Marshal’s office within 120 days of the date of this decision.
	
4.  The Board hereby grants a variance from the provisions of section 23-28.16-5(f) in order to allow the Applicant to maintain the existing winding stairs within this facility.  This variance is based on structural hardship in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.
	
5.  The Board hereby grants a variance from the provisions of section 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the cited doors in light of their limited use.
	
6.  The Board hereby directs the Applicant to correct deficiency 6 by providing the cited apartment doors with approved spring loaded hinges installed at the direction and to the satisfaction of the Cranston Fire Marshal within 120 days of the date of this decision.
	
7.  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 doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring loaded hinges installed at the direction and to the satisfaction of the Cranston 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(e)(h) in order to allow the Applicant to maintain the existing height and width of the doors leading to the apartments and to the exterior of this facility.  This variance is based on structural hardship in the absence of an objection by the Cranston Fire Marshal’s office.
	
9.  The Board hereby directs the Applicant to correct deficiency 9 at the direction and to the satisfaction of the Cranston Fire Marshal’s office by changing the locks appropriately.
	
10.  The Board hereby directs the Applicant to correct deficiency 10 by providing this facility with approved externally illuminated exit signage, installed at the direction and to the satisfaction of the Cranston Fire Marshal’s office within 120 days of the date of this decision.
	
11.  The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Cranston Fire Marshal’s office within 120 days of the date of this decision.
	
12.  The Board hereby directs the applicant to correct deficiency 12 by either providing the apartments individually with fire extinguishers or by placing the fire extinguishers in the common use areas in accordance with NFPA Standard 10, at the direction and to the satisfaction of the Cranston Fire Marshal within fifteen (15) days of the date of this decision.
	
13.  The Board hereby directs the Applicant to either treat or remove the cited curtains at the direction and to the satisfaction of the Cranston Fire Marshal, within 120 days of the date of this decision.
	
14.  The Board hereby grants a variance from the provisions of section 23-28.16-15(b) in order to allow the Applicant to provide the cited stairways and passageways with an approved class “A” finish installed at the direction and to the satisfaction of the Cranston Fire Marshal 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 provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Cranston Fire Marshal or designee, within 120 days of the date of this decision.
	
16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by removing all debris from the hallway and passageways of this facility.
	
17.  It is the understanding of the Board that the Applicant has corrected deficiency 17 by providing approved remote shut-off switches on the furnaces within this facility.  The Board further directs the Applicant to provide the cited furnace units with an approved domestically supplied sprinkler head, installed at the direction and to the satisfaction of the Cranston Fire Marshal’s office 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)].