The above captioned case was scheduled for hearing on March l2, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, O’Connell, Richard, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of an April 24, 2001 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 during the March l2, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April 24, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	A.  It is the understanding of the Board that the Applicant has corrected deficiency #lA, by replacing the cited doors and jambs with approved one (l) hour steel doors.

B.	It is the understanding of the Board that the Applicant has corrected deficiency #lB, by removing the cited ceiling tiles.

C.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to replace the cited ceiling of the stairway to the third floor with approved 5/8” sheet rock.

D.	During the March l2, 2002 hearing on this matter, the Board was advised that the basement of this facility would not be occupied and used only for storage.  Accordingly, the Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to provide the existing basement door jamb with an approved solid core wood door with an approximate fire rating of twenty (20) minutes.  The above door shall be installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

E.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing wainscoting in cited stairway.  In granting this variance, the Board directs the Applicant to provide the cited wainscoting with an approved Class “A” finish, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.

F.	The Board hereby directs the Applicant to correct deficiency #lF, by removing the cited vinyl wall covering from the horsehair plaster in the stairway.  The Board directs the Applicant to remove the above wall covering within one hundred and twenty (l20) days from the date of this Decision.

2.	The Board hereby grants a variance from the provisions of Section 23-28.16-l3 and NFPA Standard l0, l988 edition in order to allow the Applicant to provide each of the apartment units of this facility with an approved fire extinguisher, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office, within fifteen (l5) days from the date of this Decision.

3.	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, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office, in accordance with the provisions of Section 23-28.25-4(a), within one hundred and twenty (l20) days from the date of this Decision.  

4.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the East Providence Fire Marshal or designee, within one hundred and twenty (l20) days from the date of this Decision.

5.	It is the understanding of the Board that the Applicant has corrected deficiency #5 by removing the cited transom between the first floor hallway and stairway to the second floor.

6.	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 of the cited boiler within this facility. In granting this variance the Board directs the Applicant to provide the boiler area with an approved domestically supplied sprinkler head, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

7.	The Board hereby directs the Applicant to correct deficiency #7 by providing the cited boiler with an approved remote shutoff switch, installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

8.	During the March l2, 2002 hearing on this matter, there was confusion as to whether there was a second fire escape from the second floor apartments of this facility.  Accordingly, if the second fire escape does exit and is considered satisfactory to the East Providence Fire Marshal, the Board hereby grants a variance from the provisions of Section 23-28.l6-2 in order to allow the Applicant to maintain the second floor fire escape.  However, if the second floor fire escape does not currently exist, the Board directs the Applicant to provide an approved platform and ladder allowing for egress from the second floor apartments of this facility, at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

9.	The Board notes that there is no deficiency #9 listed in the April 24, 2001 inspection report.

10.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain the existing swing of the cited rear exterior door.

11.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with a single exit sign in the hallway, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

12.	It is the understanding of the Board that the Applicant has corrected deficiency #l2 by removing the cited furniture storage from the rear stairway of this facility.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]