Fire Safety Code, Rhode Island

Decisions - Details

STATE OF RHODE ISLAND
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FIRE SAFETY CODE - BOARD OF APPEAL AND REVIEW
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Warwick, RI 02886
DECISION
FILE NO.: 190010
LOCATION OF PREMISES: 37 Arthur Avenue, East Providence, RI
APPLICANT: Tracy Scott c/o Forest Properties Management, Inc. 26 Arthur Avenue East Providence, RI 02914
USE OR OCCUPANCY: Apartment
DATE OF DECISION: 2019-02-28
As indicated in the file, a hearing involving the above-captioned property was conducted on February 12, 2019 before a subcommittee of the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Board Rule & Regulation 450-RICR-00-00-1.7.2.
	In attendance at the subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Pearson and Sylvester.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Kenneth Botelho and James Bellamy of the East Providence Fire Marshals Office.
APPLICANT: Michael Crane, Timothy Williams and Tracy Scott.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Tracy Scott (authorized representative) of Forest Properties Management, Inc., 26 Arthur Avenue, East Providence, RI dated [undated].
3.	The Application was received by the Board and File  190002 through 190010 was opened on January 16, 2019.
4.	A hearing on the Application was conducted on February 12, 2019 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Pearson and seconded by Commissioner Sylvester to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on February 19, 2019 at which time Chairman Newbrook and Commissioners Filippi, Pearson, Sylvester, Booth and Thornton were in attendance.  At that time a motion was made by Commissioner Sylvester and seconded by Commissioner Filippi to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190002 through 190010 and are pertinent to the decision rendered:

1.	Variance Application  190002 through 190010 dated [undated] and filed on January 16, 2019.
a.	Attached Plan of Action dated February 8, 2019.
b.	Letter of authorization for Tracy Scott from Anderson Libert of Forest Properties Management, Inc. dated January 11, 2019 
2.	East Providence Fire Marshals Office Inspection Reports:
a.	27-29 Arthur Avenue, East Providence, RI		December 6, 2018
b.	17-23 Church Street, East Providence, RI			November 19, 2018
c.	25-31 Church Street, East Providence, RI			December 6, 2018
d.	33-35 Church Street, East Providence, RI			November 14, 2018
e.	1190-1196 South Broadway, East Providence, RI		December 6, 20186
f.	25 Arthur Avenue, East Providence, RI			November 13, 2018
g.	31-35 Arthur Avenue, East Providence, RI		November 13, 2018
h.	36 Arthur Avenue, East Providence, RI			November 14, 2018
i.	37 Arthur Avenue, East Providence, RI			November 14, 2018

EXHIBITS

The following documents were presented at the February 12, 2019 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the inspection reports compiled by the East Providence Fire Marshals Office listed above.  The above reports were utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the February 12, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates these inspection reports as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	The buildings are existing 2-story above grade buildings with a basement level, classified as an apartment occupancies, originally built in 1975.
3.	The buildings are of Type V (000) construction, have a compliant fire alarm system and are not provided with an approved automatic sprinkler system.
4.	There is no objection by the East Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2012 edition) as reserved and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2012 edition) as reserved and amended by 450-RICR-00-00-8.

190002		27-29 Arthur Avenue

1.	EGRESS ILLUMINATION: The Board hereby grants the Applicant the time variance until March 8, 2019 to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
3.	SMOKE ALARMS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.5.1 by developing and submitting a plan of action for the installation of approved smoke alarms in accordance with section 9.6.2.10 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	EMERGENCY INSTRUCTIONS: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 31.7.1 by providing this facility with approved emergency instructions for residents, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance until February 28, 2019 to comply with the provisions of RILSC section 31.3.2.1.18 by removing all basement storage lockers, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
6.	This deficiency has been corrected.
7.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance until February 15, 2019 to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) detection in the boiler room, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 31.2.2.3.1 and 7.1.3.2 by protecting the natural gas piping located in the rear exit stairway in a rated enclosure, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to have the proposed enclosure designed and certified by a licensed professional engineer.  Additionally, the Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for this one issue for the completion of this project.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance until February 28, 2019 to comply with the provisions of RILSC section 31.3.2.1.18 by repairing and sealing all electrical room penetrations, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
12.	This deficiency has been corrected.

190003		17-23 Church Street

1.	EGRESS ILLUMINATION: The Board hereby grants the Applicant the time variance until March 8, 2019 to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
3.	SMOKE ALARMS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.5.1 by developing and submitting a plan of action for the installation of approved smoke alarms in accordance with section 9.6.2.10 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	EMERGENCY INSTRUCTIONS: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 31.7.1 by providing this facility with approved emergency instructions for residents, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance until February 28, 2019 to comply with the provisions of RILSC section 31.3.2.1.18 by removing all basement storage lockers, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
6.	This deficiency has been corrected.
7.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance until February 15, 2019 to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) detection in the boiler room, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 31.2.2.3.1 and 7.1.3.2 by protecting the natural gas piping located in the rear exit stairway in a rated enclosure, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to have the proposed enclosure designed and certified by a licensed professional engineer.  Additionally, the Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for this one issue for the completion of this project.

190004		25-31 Church Street

1.	EGRESS ILLUMINATION: The Board hereby grants the Applicant the time variance until March 8, 2019 to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
3.	SMOKE ALARMS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.5.1 by developing and submitting a plan of action for the installation of approved smoke alarms in accordance with section 9.6.2.10 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	EMERGENCY INSTRUCTIONS: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 31.7.1 by providing this facility with approved emergency instructions for residents, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance until February 28, 2019 to comply with the provisions of RILSC section 31.3.2.1.18 by removing all basement storage lockers, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
6.	This deficiency has been corrected.
7.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance until February 15, 2019 to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) detection in the boiler room, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 31.2.2.3.1 and 7.1.3.2 by protecting the natural gas piping located in the rear exit stairway in a rated enclosure, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to have the proposed enclosure designed and certified by a licensed professional engineer.  Additionally, the Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for this one issue for the completion of this project.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	The Board finds that this space is not being used for storage and is not a violation.  The Board further grants a variance from the provisions of RILSC section 31.2.2.3 allowing the access door in Building  27 to remain as an access to the existing facility intercom equipment.

190005		33-35 Church Street

1.	EGRESS ILLUMINATION: The Board hereby grants the Applicant the time variance until March 8, 2019 to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
3.	SMOKE ALARMS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.5.1 by developing and submitting a plan of action for the installation of approved smoke alarms in accordance with section 9.6.2.10 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	EMERGENCY INSTRUCTIONS: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 31.7.1 by providing this facility with approved emergency instructions for residents, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance until February 28, 2019 to comply with the provisions of RILSC section 31.3.2.1.18 by removing all basement storage lockers, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
6.	This deficiency has been corrected.
7.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance until February 15, 2019 to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) detection in the boiler room, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 31.2.2.3.1 and 7.1.3.2 by protecting the natural gas piping located in the rear exit stairway in a rated enclosure, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to have the proposed enclosure designed and certified by a licensed professional engineer.  Additionally, the Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for this one issue for the completion of this project.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.

190006		1190-1196 South Broadway

1.	EGRESS ILLUMINATION: The Board hereby grants the Applicant the time variance until March 8, 2019 to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
3.	SMOKE ALARMS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.5.1 by developing and submitting a plan of action for the installation of approved smoke alarms in accordance with section 9.6.2.10 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	EMERGENCY INSTRUCTIONS: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 31.7.1 by providing this facility with approved emergency instructions for residents, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance until February 28, 2019 to comply with the provisions of RILSC section 31.3.2.1.18 by removing all basement storage lockers, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
6.	This deficiency has been corrected.
7.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance until February 15, 2019 to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) detection in the boiler room, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 31.2.5.1 and 7.5.1.3 by allowing the existing egress system to remain in used based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to reverse the swing of the rear exit doors within the time frame outlined in item  3 above, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
9.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item  3 above to comply with the provisions of RILSC section 31.2.4.3 by replacing the sliding glass doors in basement units 7, 8, 13 and 14 with side-swinging doors, at the direction and to the satisfaction of the East Providence Fire Marshals Office.

190007		25 Arthur Avenue

1.	EGRESS ILLUMINATION: The Board hereby grants the Applicant the time variance until March 8, 2019 to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
3.	SMOKE ALARMS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.5.1 by developing and submitting a plan of action for the installation of approved smoke alarms in accordance with section 9.6.2.10 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	EMERGENCY INSTRUCTIONS: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 31.7.1 by providing this facility with approved emergency instructions for residents, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance until February 28, 2019 to comply with the provisions of RILSC section 31.3.2.1.18 by removing all basement storage lockers, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
6.	This deficiency has been corrected.
7.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance until February 15, 2019 to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) detection in the boiler room, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 31.2.2.3.1 and 7.1.3.2 by protecting the natural gas piping located in the rear exit stairway in a rated enclosure, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to have the proposed enclosure designed and certified by a licensed professional engineer.  Additionally, the Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for this one issue for the completion of this project.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.

190008		31-35 Arthur Avenue

1.	EGRESS ILLUMINATION: The Board hereby grants the Applicant the time variance until March 8, 2019 to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
3.	SMOKE ALARMS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.5.1 by developing and submitting a plan of action for the installation of approved smoke alarms in accordance with section 9.6.2.10 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	EMERGENCY INSTRUCTIONS: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 31.7.1 by providing this facility with approved emergency instructions for residents, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance until February 28, 2019 to comply with the provisions of RILSC section 31.3.2.1.18 by removing all basement storage lockers, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
6.	This deficiency has been corrected.
7.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance until February 15, 2019 to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) detection in the boiler room, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 31.2.2.3.1 and 7.1.3.2 by protecting the natural gas piping located in the rear exit stairway in a rated enclosure, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to have the proposed enclosure designed and certified by a licensed professional engineer.  Additionally, the Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for this one issue for the completion of this project.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	This deficiency has been corrected.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	This deficiency has been corrected.
17.	This deficiency has been corrected.
18.	This deficiency has been corrected.
19.	PROTECTION FROM HAZARDS: This deficiency will be corrected with the completion of item  5, above.
20.	The Board finds that this space is not being used for storage and is not a violation.  The Board further grants a variance from the provisions of RILSC section 31.2.2.3 allowing the access door in stairway closet at Apartment  2 to remain as an access to the existing facility intercom equipment.

190009		36 Arthur Avenue

1.	EGRESS ILLUMINATION: The Board hereby grants the Applicant the time variance until March 8, 2019 to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
3.	SMOKE ALARMS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.5.1 by developing and submitting a plan of action for the installation of approved smoke alarms in accordance with section 9.6.2.10 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	EMERGENCY INSTRUCTIONS: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 31.7.1 by providing this facility with approved emergency instructions for residents, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance until February 28, 2019 to comply with the provisions of RILSC section 31.3.2.1.18 by removing all basement storage lockers, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
6.	This deficiency has been corrected.
7.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance until February 15, 2019 to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) detection in the boiler room, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 31.2.2.3.1 and 7.1.3.2 by protecting the natural gas piping located in the rear exit stairway in a rated enclosure, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to have the proposed enclosure designed and certified by a licensed professional engineer.  Additionally, the Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for this one issue for the completion of this project.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.

190010		37 Arthur Avenue

1.	EGRESS ILLUMINATION: The Board hereby grants the Applicant the time variance until March 8, 2019 to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
3.	SMOKE ALARMS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.5.1 by developing and submitting a plan of action for the installation of approved smoke alarms in accordance with section 9.6.2.10 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	EMERGENCY INSTRUCTIONS: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 31.7.1 by providing this facility with approved emergency instructions for residents, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance until February 28, 2019 to comply with the provisions of RILSC section 31.3.2.1.18 by removing all basement storage lockers, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
6.	This deficiency has been corrected.
7.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance until February 15, 2019 to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) detection in the boiler room, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 31.2.2.3.1 and 7.1.3.2 by protecting the natural gas piping located in the rear exit stairway in a rated enclosure, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to have the proposed enclosure designed and certified by a licensed professional engineer.  Additionally, the Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for this one issue for the completion of this project.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.

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 this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

Finally, the Board hereby authorizes the East Providence Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Blanket Variance  15-01A.

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in RIGL section 42-35-12 and represents a comprehensive, integrated plan of fire safety for the above-captioned facilities under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants 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: Fire Safety Code [FSC] section 450-RICR-00-00-1.7.2(V)].
2.	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: FSC section 450-RICR-00-00-1.7.2(W)].  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 FSC or a revision of the above-cited classification.  [See: FSC section 450-RICR-00-00-1.7.2(X)].
3.	Such changes in use or occupancy of this facility, or failure to continually comply with the Boards 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 RIGL section 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:  FSC section 450-RICR-00-00-1.7.2(Y)].
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section 42-35-12, the Applicant may appeal the Boards 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.  [See: FSC section 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].
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