The above captioned case was scheduled for hearing on August 28, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Coutu, Evans, Filippi, Wahlberg, O’Connell and Burlingame were present.   The fire service was represented by Assistant Deputy State Fire Marshal Arthur Laurenson of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein. Commissioner Wahlberg abstained from voting on this case.  The motion passed unanimously with the remaining commissioners.

FINDING OF FACT

The numbers of the Decision below correspond with those of an August 9, 2001 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal during the August 28, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the August 9, 2001 inspection report as its initial findings of fact.

	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.	The Board hereby directs the Applicant to correct deficiency #l by providing the cited gas-fired units with approved remote switches, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

2.	The Board hereby directs the Applicant to correct deficiency #2 by having the Providence Mechanical Inspector certify that the gas-fired devices have approved ventilation in the basement.  The Board further directs the Applicant to remove the wood burning stove in the basement and not to allow residential occupancy of the basement.

3.	The Board hereby directs the Applicant to correct deficiency #3 by providing the basement with approved fire extinguishing equipment, installed at the direction and to the satisfaction of the Providence Fire Marshal.

4.	The Board hereby directs the Applicant to correct deficiency #4 as part of the fire alarm package for this facility as outlined in item #l5 below. 

5.	The Board hereby grants a variance from the provisions of Section 23-28.l6-2(f) in order to allow the Applicant to maintain the existing construction and rating of the cited walls of this facility.  In granting this variance, the Board directs the Applicant to provide the cited wood paneling with an approved Class “A” finish, at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.  

6.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3(a) in order to allow the Applicant to maintain access the rear stairways through kitchens.  This variance is based on structural hardship and the Applicant’s agreement to provide this facility with an approved fire alarm system.

7.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(a) in order to allow the Applicant to maintain the existing construction and rating of the cited interior stairways of this facility.  This variance is based on structural hardship and in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

8.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(c) in order to allow the Applicant to maintain a single approved handrail on the front stairs of this facility.  The Board hereby directs the Applicant to correct the remainder of deficiency #8 by providing one (l) approved rail on the rear stairs of this facility.

9.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(f) in order to allow the Applicant to maintain the existing winders within the rear stairways of this facility.  The Board finds the remainder of deficiency #9 to be informational in nature and hereby directs the Applicant to provide a separate extinguisher in the loft area and to submit the loft configuration to the building official for review and approval.

10.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6(a) in order to allow the Applicant to maintain the existing swing of the cited exit doors in this facility.

11.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6(b) in order to allow the Applicant to provide the cited doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshal, as outlined in item #l2 below, within one hundred and twenty (l20) days from the date of this Decision.

12.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6(c) in order to allow the Applicant to provide the existing cited apartment doors jambs of this facility with approved solid core or steel doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

13.	During the August 28, 2001 hearing on this matter, the Board was advised that the Providence Fire Marshal’s Office is not requiring exit signs in the utility area of this building.  However, the Providence Fire Marshal’s Office requested emergency lighting in the utility area.  Accordingly, as a condition of the variances granted herein, the Board hereby directs the Applicant to provide the utility area with approved emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

14.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l3 and NFPA Standard l0, l988 edition in order to allow the Applicant to provide each apartment unit  and the loft area of the larger apartment with  approved fire extinguishers, installed within fifteen (l5) days from the date of this Decision to the satisfaction of the Providence Fire Marshal.

15.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an fire alarm and smoke detection system, installed at the direction and to the satisfaction of the Providence Fire Marshal, or designee, in accordance with the provisions of Section 23-28.25-4(a) and 23-28.34, within one hundred and twenty (l20) days from the date of this Decision.

16.	The Board directs the Applicant to correct deficiency #l6 by removing the cited debris in the basement within fifteen (l5) days from the date of this Decision.

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 within 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)]