The above captioned case was scheduled for hearing on August 28, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, O’Connell, Evans, Filippi and Burlingame 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 Burlingame and seconded by Commissioner Coutu 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 a January 30, 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 during the August 28, 200l hearing on this matter.  Accordingly, the Board hereby incorporates the January 30, 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.	It is the understanding of the Board that the Applicant has corrected deficiency #l, at the direction and to the satisfaction of the Cranston Fire Marshal.

2.	It is the understanding of the Board that the Applicant has corrected deficiency #2, at the direction and to the satisfaction of the Cranston Fire Marshal.

3.	It is the understanding of the Board that the Applicant has corrected deficiency #3, at the direction and to the satisfaction of the Cranston Fire Marshal.

4.	The Board hereby directs the Applicant to correct deficiency #4 by removing the cited fire load from the electrical service room and in the garage of this facility, at the direction and to the satisfaction of the Cranston Fire Marshal, within fifteen (l5) days from the date of this Decision.

5.	It is the understanding of the Board that the Applicant has corrected deficiency #5, at the direction and to the satisfaction of the Cranston Fire Marshal, by providing this facility with approved smoke detection.

6.	The Board hereby directs the Applicant to correct deficiency #6 by providing the cited doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Cranston Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

7.	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 apartment and basement doorjambs with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be equipped with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Cranston Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

8.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the rating of the cited rear interior stairway of this facility.  In granting this variance, the Board directs the Applicant to provide the stairway walls with approved Class “A” finish, installed at the direction and to the satisfaction of the Cranston Fire Marshal’s Office within one hundred and twenty (l20) days from the date of this Decision.

9.	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, rating and configuration of the cited front interior stairway of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Cranston Fire Marshal’s Office has no objection based on the Applicant’s agreement to provide this facility with an approved fire alarm system.

10.	It is the understanding of the Board that the Applicant has corrected deficiency #l0, to the satisfaction of the Cranston Fire Marshal.

11.	It is the understanding of the Board that a previous variance covering deficiency #ll was granted on October l4, l988.

12.	It is the understanding of the Board that deficiency #l2 is Grandfathered and not being requested by the Cranston Fire Marshal’s Office.

13.	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 maintain each of the apartment units with approved fire extinguishers.  The above extinguishers shall be installed within fifteen (l5) days from the date of this Decision.

14.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Cranston Fire Marshal or designee, within one hundred and twenty (l20) 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 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)]