The above-captioned case was scheduled for hearing on March 18, 2003 at 1:00 P.M.  At that time, Vice Chairman Richard and Commissioners, Wahlberg, Preiss, Newbrook, O’Connell, Filippi and Burlingame were present.  Chairman Farrell and Commissioner Coutu recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Cournoyer of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg 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 a March 3, 2003 inspection report compiled by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the March 18, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the March 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  It is the understanding of the Board that the Applicant has corrected deficiency #1 by properly posting the occupancy limits within this facility.
	
2(a) and 2(b).  The Board hereby directs the Applicant to maintain no occupancy of the second and third floors of this facility until such time as they are provided with an approved fire escape system installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
2(c).  As outlined above, the second and third floor residential units of this facility shall not be occupied until an approved fire alarm system has been installed to the satisfaction of the Central Falls Fire Marshal’s office.  The Board hereby grants a variance in order to allow the Applicant to maintain fire escape access through the apartment windows provided the windows are maintained operable and are of a sufficient size as approved by the Central Falls Fire Marshal’s office.
	
2(d) and 2(e).  It is the understanding of the Board that the Applicant has removed the cited wrought iron gates from the front and rear doors leading from the barroom.  The Applicant is hereby directed to maintain the front and rear doors leading from the bar without the above gates.
	
3.  It is the understanding of the Board that deficiency #3 is informational in nature.  
	
4(a).  The Board hereby directs the Applicant to correct deficiency #4(a) at the direction and to the satisfaction of the Central Falls Fire Marshal’s office as a condition of the occupancy of the upper levels of this facility.
	
4(b) and 4(c)  See item #2 above.
	
5.  The Board hereby grants a variance in order to allow the Applicant to provide the 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 further equipped with spring loaded hinges installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office prior to re-occupancy of the apartment units.
	
5(b).  The Board hereby directs the Applicant to correct deficiency #5(b) by providing the boiler room door jamb with an approved solid core wood door maintaining an approximate fire rating of twenty (20) minutes.  The above door shall be further equipped with a spring loaded hinge installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.  Finally, the Board directs the Applicant to provide an approved domestically supplied sprinkler head over the boiler within this facility.  The above sprinkler head shall be further equipped with a back flow preventive device installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
6.  The Board hereby grants a variance from the provisions of section 23-28.6-10 in order to allow the Applicant to maintain the cited winding stairways to the apartment units within this facility.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 to the satisfaction of the Central Falls Fire Marshal.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 to the satisfaction of the Central Falls Fire Marshal’s office.
	
9.  It is the understanding of the Board that the Applicant has provided the bar area of this facility with approved fire extinguishing equipment.  The Board hereby grants a variance from the provisions of NFPA Standard 10, 1988 edition in order to allow each of the apartment units to be equipped with an approved fire extinguisher prior to re-occupancy.
	
10.  The Board hereby directs the Applicant to correct deficiency #10 by providing the cited interior finish of this facility with an approved Class A paint, installed at the direction to the satisfaction of the Central Falls Fire Marshal’s office.
	
11.  It is the understanding of the Board that the Applicant has corrected deficiency #11 a, b, c, and d at the direction and to the satisfaction of the Central Falls Fire Marshal.
	
12.  It is the understanding of the Board that the Applicant has corrected deficiency #12 by properly servicing the fire alarm and extinguishers of this facility.
	
13.  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 closure with the aforementioned twenty (20) minute door and sprinkler coverage.
	
14 and 15.  It is the understanding of the Board that the Applicant has corrected deficiencies #14 and #15 to the satisfaction of the Central Falls Fire Marshal’s office.
	
16.  It is the understanding of the Board that the Applicant has corrected deficiency #16 and is waiting review by the Central Falls Building Official.
	
17 and 18.  It is the understanding of the Board that the Applicant has corrected deficiencies #17 and #18.
	
19.  The Board hereby directs the Applicant to correct deficiency #19 before re-occupancy of this facility.  

NOTE:  Upon execution of the Applicant’s plan of action for the assembly area of this facility the Board hereby authorizes the State Fire Marshal to rescind the original abatement of this facility.  The Board notes that the apartment occupancy of this facility had not been abated however, the Board directs the Applicant to comply with the above plan of action for the apartments prior to re-occupancy of those apartments.  Finally, in the event that the Applicant or the Central Falls Fire Marshal’s office has any question as to this decision, or future issues which may arise, this file shall remain open until the Applicant has received his final certificates of occupancy 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)].