The above-captioned case was scheduled for hearing on May 20, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Burlingame and Coutu were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office and Assistant Deputy State Fire Marshal Dennis LaRocque of the West Warwick Fire Marshal’s office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook 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 an April 23, 2003 inspection report compiled by the State Fire Marshal’s Office in conjunction with the West Warwick Fire Marshal’s office.  The above report was utilized by the Board, the Applicant and the State and West Warwick Fire Marshal’s Office during the May 20, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 23, 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.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this entire facility with an approved local fire alarm system, emergency lights and exit signage installed at the direction and to the satisfaction of the West Warwick and State Fire Marshal’s office within 120 days from the date of this hearing.  
	
2.  The Board hereby grants a variance from the provisions of section 23-28.8-5 in order to allow the Applicant to maintain the existing outside stair dimensions from the second floor deck of this facility.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency 3# by properly mounting the cited fire extinguisher in this facility.
	
4.  As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved system of properly engineered, domestically supplied sprinkler heads covering both the main and secondary means of egress from the upper levels of this facility at the direction and to the satisfaction of the West Warwick and State Fire Marshal’s office.  Specifically, the Applicant shall have thirty (30) days from the date of this hearing in order to hire an expert to design an approved plan of egress which would incorporate the domestically supplied, engineered sprinkler heads.  A plan of action shall be submitted by that expert to the West Warwick and State Fire Marshal’s offices within sixty (60) days of the date of this hearing.  Full compliance with the above plan shall be accomplished within 120 days from the May 20, 2003 hearing date.
	
5.  During the May 20, 2003 hearing, the Board was advised that the Applicant would not be generating grease laden vapors with the stove in the kitchen of this facility.  Accordingly, the Board shall not require that the stove have a hood duct and suppression system in accordance with NFPA Standard 96, 1987 edition as long as this unit is not utilized for the generation of grease laden vapors.  If in the future it is determined that the stove is utilized for purposes that would result in the generation of grease laden vapors, the Applicant is directed to comply fully with NFPA standard 96 in correcting this deficiency.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by providing approved emergency lighting in the boiler room as part of the fire alarm package for this facility, within 120 days of the date of this hearing.
	
7.  The Board hereby directs the Applicant to mark the east rear exit door from the bar area to the outside as Not An Exit or to take down the exit sign above this door.  The Board notes that this door is forty eight (48”) inches in height and should not be used or considered as an exit.  Accordingly the above exit arrangement shall be modified to the direction and satisfaction of the State and West Warwick Fire Marshal’s office.  With regard to the dimensions of the remaining exit doors listed in item #7, the Board hereby grants a variance from the provisions of section 23-28.6-7 in order to allow the Applicant to maintain the existing dimension of these doors.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 to the satisfaction of the State and West Warwick Fire Marshal’s office by providing a remote emergency shut off switch to the furnace.
	
9.  It is the understanding of the Board that the Applicant has corrected deficiency #9 by installing the proper fire extinguisher.
	
10.  It is the understanding of the Board that the Applicant has corrected deficiency #10 by removing the cited doors.
	
11.  The Board hereby directs the Applicant to correct deficiency #11 by providing the cited exit doors with approved panic hardware at the direction and to the satisfaction of the State and West Warwick Fire Marshal’s office within 120 days of the date of this hearing.
	
12.  As outlined above, the Applicant is hereby directed to hire an expert to redesign the egress of this facility to the satisfaction of the State and West Warwick Fire Marshal’s office by presenting the State and West Warwick Fire Marshals with an approved plan within sixty (60) days of the date of this hearing to be executed within 120 days of the date of this hearing.  The Board further directs the Applicant to have her expert address deficiency #12(b) by providing the two fire escape platforms serving the rooming house portion of this facility with approved extended ladders and further providing a second means of egress from this facility to the satisfaction of the State Fire Marshal’s office.  Finally, the Board shall leave this file open in order to address any questions the Applicant or the Fire Marshal’s office has with regard to the upgrading of the egress of this facility.
	
13.  The Board hereby directs the Applicant to correct deficiency #13 by removing the cited paneling and repairing the plaster walls of this facility at the direction and to the satisfaction of the State and West Warwick Fire Marshal’s office within 120 days of the date of this decision.
	
14.  The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the existing plaster and lathe construction of the interior stairway from the second to the fourth floors of this facility.
	
15.  The Board hereby grants a variance from the provisions of section 23-28.6-10 in order to allow the Applicant to maintain the existing winding stairs within this facility.
	
16.  The Board hereby grants a variance from the provisions of section 23-28.6-10(d) in order to allow the Applicant to maintain the existing cited dimension of the treads and risers within this facility.  This variance is based on structural hardship.  
	
17.  The Board hereby grants a variance from the provisions of section 23-28.6-9 in order to allow the Applicant to provide the existing cited door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors should be further equipped with spring loaded hinges installed at the direction and to the satisfaction of the State and West Warwick Fire Marshal’s office within 120 days of the date of this decision.
	
18.  As outlined above, the Board hereby directs the Applicant to provide the newly installed doors with approved UL listed spring loaded hinges installed at the direction and to the satisfaction of the West Warwick Fire Marshal’s office.
	
19(a) and 19(b).  The Board finds deficiencies (a) and (b) to be moot.
	
19(c)  The Board hereby grants a variance from the provisions of section 23-28.6-7 in order to allow the Applicant to maintain the existing egress travel route through the kitchen areas of the rooming house occupancies of this facility.  This variance is based on structural hardship.
	
20.  The Board hereby directs the Applicant to correct deficiency #20 as part of the fire alarm package for this facility by providing this facility with approved exit signage at the direction and to the satisfaction of the State and West Warwick Fire Marshal’s office within 120 days of the date of this decision.
	
21.  The Board hereby grants a variance from the provisions of section 23-28.14-4 in order to allow the Applicant to maintain the existing dimension of the cited interior egress stairs of this facility.  This variance is based upon structural hardship.  
	
22.  The Board hereby grants a variance from the provisions of section 23-28.9-2 in order to allow the Applicant to maintain the existing non-segregation of the boiler room of this facility.  In granting this variance, the Board directs the Applicant to provide an approved domestic sprinkler head over the boiler of this facility installed at the direction and to the satisfaction of the State and West Warwick Fire Marshal’s office within 120 days of the date of this decision.
	
23.  The Board hereby grants a variance from the provisions of section 23-28.9-3 in order to allow the Applicant to maintain the existing door openings to the boiler room area.  This variance is based on structural hardship.
	
24.  The Board hereby directs the Applicant to correct deficiency #24 by providing this facility with approved emergency lighting as part of the fire alarm system package, within 120 days of the date of the original hearing on this matter.
	
25.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with any additional fire extinguishers and/or battery operated smoke detectors deemed necessary by the State and West Warwick Fire Marshal’s office within fifteen (15) days of the original hearing date on this matter.  As outlined above, the Board shall leave this file open in the event the Applicant or the Fire Marshal has further questions or needs further guidance with regards to the plan of action for this facility.

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)].