The above-captioned case was scheduled for hearing on July 15, 2003 at 1:00 P.M.  At that time, Acting Chairman Richard and Commissioners Pearson, Newbrook, Burlingame, Coutu, and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Stephen Hopkins of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Pearson 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 March 31, 2003 inspection report compiled by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the July 15, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the March 31, 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 23-28.16-5 in order to allow the Applicant to maintain the existing construction and rating of the cited stairway and egress system walls within this facility.  The Board further directs the Applicant to provide a 1¾” solid core wood door with closures in order to segregate the basement from the remaining egress system of this facility.  The Board further directs the Applicant to correct deficiency 1(c), covering the third floor stairway, to the satisfaction of the East Providence Fire Marshal’s office, within 120 days of this Decision.  The Board further directs the Applicant to correct deficiency 1(e) by providing the cited stairways with two approved handrails at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this Decision.  The Board hereby directs the Applicant to correct deficiency 1(f) by sealing off the cited vertical openings in the basement at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days of the date of this Decision.
	
2.  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 cited front doors within this facility.  The Board further grants a variance from the above provisions in order to allow the Applicant to provide each of the apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of 20 minutes.  The above doors should be further equipped with spring loaded hinges installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this Decision.  The Board further grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to maintain the existing dimension of the cited third floor apartment door jamb of this facility and to provide a solid core wood door, with an approximate 20 minute rating, having a dimension of 30 inches by 75 inches in this jamb.  Finally, 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 cited second and third floor stairway bottom door.  This variance is based on structural hardship.
	
3.  As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 3 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the East Providence Fire Marshal, in accordance with the provisions of Section 23-28.16-12, within 120 days of the date of this Decision.
	
4.  The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved exit signage, installed at the direction and to the satisfaction of the East Providence Fire Marshal, in accordance with the provisions of Section 23-28.16-11, within 120 days of the date of this Decision.
	
5.  The Board hereby grants a 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 East Providence Fire Marshal’s office, within 15 days of the date of this Decision.
	
6.  The Board hereby grants a variance from the provisions of Section 23-28.9-2 in order to allow the Applicant to maintain less than full enclosure of the cited boiler within this facility.  Specifically, the Board directs the Applicant to enclose the boiler with approved walls and to cover the ceiling of the boiler enclosure with two approved sprinkler heads, one installed over the boiler and one installed over the hot water heating system, at the direction and to the satisfaction of the East Providence Fire Marshal’s office.  As a condition of this variance, the Board directs the Applicant to further comply with any additional approvals required by the East Providence Fire Marshal’s office for the installation and/or protection of the heating system within this facility.
	
7.  The Board hereby directs the Applicant to correct deficiency 7 by providing an approved one-hour fire rated door to segregate the boiler room enclosure of this facility.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing the boiler with an approved remote shut off switch at the direction and to the satisfaction of the East Providence Fire Marshal.
	
9.  The Board hereby directs the Applicant to immediately correct deficiency 9 by removing the flammable paint and paint thinner from the basement and to remove all storage from the third floor stairways.  The Board further directs the Applicant to continually maintain the housekeeping of this facility to allow for unobstructed egress system passageways and no accumulation of waste and debris in the basement area.
	
10.  The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to provide an emergency second means of egress utilizing the fire escape with a steel grate over the combustible roofs of this facility.  The above fire escape shall be installed at the direction and to the satisfaction of the East Providence Fire Marshal’s office with the approval of the East Providence Building Official.  Finally, the steel grate above the roof shall be made self-supporting and the Applicant is hereby granted 120 days in order to correct this deficiency.
	
11.  During the July 15, 2003 hearing on this matter, the Board was advised that the Applicant has agreed to provide this facility with an approved fire alarm system.  Accordingly, 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 in accordance with the provisions of the State Fire Code covering local fire alarm systems, at the direction and to the satisfaction of the East Providence Fire Marshal or designee, 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)].