The above-captioned case was scheduled for hearing on April 8, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Richard, Burlingame, Evans, Filippi and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Henry Latek of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Wahlberg 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 December 19, 2001 inspection report compiled by the Cranston Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshal’s Office during the April 8, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the December 19, 2001 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 of the stairway walls within this facility.  In granting this variance, it is the understanding of the Board that the Cranston Fire Marshal’s office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined below.

2.  The Board hereby grants a variance from the provisions of Section 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the front egress door of this facility.  This variance is granted on the basis of structural hardship in the absence of an objection by the Cranston Fire Marshal’s office.  

3.  The Board hereby grants a variance from the provisions of Section 23-28.16-6(b) in order to allow the Applicant to provide the apartment doors of this facility with approved UL listed spring loaded hinges installed at the direction and to the satisfaction of the Cranston Fire Marshal, within 120 days of the date of this Decision.

4.  The Board hereby grants a variance from the provisions of Section 23-28.16-6(c) in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of 20 minutes.  The above doors shall be further equipped with spring loaded hinges as outlined in item 3 above and installed at the direction and to the satisfaction of the Cranston Fire Marshal within 120 days of the date of this Decision.

5.  It is the understanding of the Board that deficiency 5 is grandfathered and not being requested by the Cranston Fire Marshal’s office as a condition of the variances granted herein.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing any common use areas of this facility with approved fire extinguishing equipment.  The Board hereby grants a variance from the provisions of Section 23-28.16-13 and NFPA Standard 10, 1988 edition, in order to provide the Applicant an option to provide each of the apartment units of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Cranston Fire Marshal, if the Applicant should so choose to replace the common use area fire extinguishers.
	
7.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system and emergency lights installed at the direction and to the satisfaction of the Cranston Fire Marshal or designee, within 120 days of the date of this Decision.
	
8.  The Board hereby grants a variance from the provisions of Section 23-28.9-2 in order to allow the Applicant to maintain the cited unenclosed oil fired burner.  In granting this variance, the Board directs the Applicant to provide an approved domestically supplied sprinkler head over the cited burner within 120 days of the date of this Decision at the direction and to the satisfaction of the Cranston Fire Marshal.
	
9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing an emergency shut-off switch on the oil-fired burner to the satisfaction of the Cranston Fire Marshal.
	
10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by properly closing the open junction box that is in the basement.
	
11.  The Board hereby grants a variance in order to allow the Applicant to maintain the fire escape of this facility.  The Board hereby directs the Applicant to remove all locks and locking devices from any bedroom doors through which access to the fire escape system is achieved.  It is the understanding of the Board that the fire escape window is in good operating condition.

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)].

Decision was mailed on 7-23-03.