The above-captioned case was scheduled for hearing on August 26, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of the West Warwick Fire Marshal’s Office.  A motion was made by Commissioner Newbrook 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 July 29, 2003 inspection report compiled by the West Warwick Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshal during the August 26, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 29, 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 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 23-28.16-2 in order to allow the Applicant to maintain the egress system as modified herein.  In granting the variance, the Board notes that this facility was reduced to four units from seven apartment units.  The Board hereby grants a variance in order to allow the applicant to maintain the existing plaster walls of the egress system of this facility.  The Board further grants a variance in order to allow the rear stairwell to retain the winding stairs.  These variances are granted on the basis of structural hardship in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.  The Board hereby directs the Applicant to remove the stairway carpeting or provide approved certification of the carpeting or have the carpeting sprayed with an approved fire retardant, at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within 120 days of the date of this decision.  The Board further directs the Applicant to provide an approved platform and ladder on the third floor of this facility with a platform and ladder to the second floor with ladder to ground in order to provide additional means of egress from the apartment units of this facility.  In the alternative, the Applicant may provide the apartments with a second means of egress through an outside stairway.  In any event, the Applicant is directed to seek the approval of the West Warwick building official in designing and installing this alternative egress system.  The above system shall be installed at the direction and to the satisfaction of the West Warwick 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 construction and rating of the cited stairways within this facility.  This variance is granted pursuant to the Applicant’s agreement to provide this facility with an approved fire alarm system.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by providing the cited stairs with approved handrails at the direction and to the satisfaction of the West Warwick 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 in order to allow the Applicant to maintain the existing stairway construction without an approved landing as outlined in the July 29, 2003 inspection report.  This variance is based on structural hardship.
	
5.  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 tread and riser height and winding nature of the cited stairs.  This variance is also based on structural hardship.
	
6.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the rear egress door of this facility.  The Board directs the Applicant to re-swing the front door, in the direction of egress travel, to the satisfaction of the West Warwick 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 in order to allow the Applicant to provide the cited apartment doors with approved UL listed spring loaded hinges installed at the direction and to the satisfaction of the West Warwick Fire Marshal’s office 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 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 (20) minutes.  The above doors shall be installed at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within 120 days of the date of this decision.
	
9.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing dimensions of the cited door to apartment #4 leading to the back hall.  This variance is based upon structural hardship.
	
10.  The Board directs the Applicant to correct deficiency #10 by providing this facility with approved fire stopping at the direction and to the satisfaction of the West Warwick 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 exit signage, if deemed necessary by the West Warwick Fire Marshal, within 120 days of the date of this decision.
	
12.  The Board hereby grants the Applicant an optional 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 of the apartment units of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the West Warwick Fire Marshal within 15 days of the date of this decision.
	
13.  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 and approved emergency lighting, installed at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within 120 days of the date of this decision.
	
14.  The Board hereby directs the Applicant to correct deficiency #14 by providing the cited gas-fired burners with approved remote shut-off switches installed at the direction and to the satisfaction of the West Warwick 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)].