The above-captioned case was originally scheduled for hearing on February 26, 2002 at 1:30 P.M. At that time, it was determined that, due to the complexity of this project, the matter should be assigned for an on-site review by a subcommittee of the Board. 

The subcommittee conducted its on-site inspection of the facility on March 5, 2002 at 10:30AM. The findings and recommendations of the on-site subcommittee were reported to the full Board during the next regular meeting on March 5, 2002 at 1:00PM. 

At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Evans, Filippi and Burlingame were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Kevin Murphy of the State 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.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a January 25, 2002 inspection report compiled by the State Fire Marshal’s Office. The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the March 5, 2002 onsite review and follow-up hearing on this matter.  Accordingly, the Board hereby incorporates the January 25, 2002 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. During the March 5, 2002 hearing on this matter, the Board was asked to allow the temporary occupancy of nine bedrooms the new first floor wing of this facility.  The subcommittee recommended, and the Board agreed, to allow this temporary occupancy as long as the fire alarm system and internal sprinkler system were completely functional and approved by the Pawtucket Fire Alarm Superintendent and the rear deck exit was satisfactory to the State Fire Marshal.  

(Note: By the attached letter dated March 11, 2002, the Pawtucket Superintendent of Fire Alarm verified that the above systems are operational. Accordingly, temporary occupancy of the new first floor wing is now allowed assuming the approval of the rear exit by the Fire Marshal and the general approval of the Building Official.) 

The Board hereby directs the Applicant to correct remainder of deficiency 1 by providing the State and Pawtucket Fire Marshals, and the Pawtucket Fire Alarm Superintendent, with approved plans covering the egress system, cooking equipment, electrical and mechanical equipment.

2.(1) The Board hereby grants a variance from the provisions of sections 22-3.2.2.2 and 5-2.1.2.2 in order to allow the Applicant to maintain the existing width of the doors cited in subsections a, b, c, & d. 
	
(2) It is the understanding of the Board that the double doors to the kitchen, cited in subsection 2a, have been removed by the Applicant.  Accordingly, the Board finds deficiency 2a moot.  It is the further understanding of the Board that the cited exit door from the kitchen is not, and shall not be marked as, an exit.  Accordingly, the Board finds deficiency 2b moot.
	
(3) The Board hereby grants a variance from the provisions of sections 22-3.2.2.2 and 5-2.1.2.2 in order to allow the Applicant to maintain the cited stair and door width, and winding stairs, from the basement of this facility.  In granting this variance, it is the understanding of the Board that the basement shall only be utilized for incidental storage and not otherwise occupied.  The Board further grants a variance to allow the Applicant to maintain the existing headroom to the unoccupied basement.  

Finally, the Board directs the Applicant to provide either a ramp or limited stairs connecting the two separate basements of this complex.  The above ramp or stairs shall be installed to the satisfaction of the State Fire Marshal's office and shall further only be required to provide emergency access from one basement to the other. The Board finally grants a variance from the basement travel distance requirements and to further allow for exit discharge from the unoccupied basement into the first level of this facility.

3(1). The Board hereby grants a variance from the provisions of sections 22-2.2.2, 5-2.1.1.1 and 5-1.5 in order to allow the Applicant to maintain the existing dimensions of the cited second floor east bathroom door.
	
(2).  It is the understanding of the Board that the cited kitchen door is not, and shall not be designated as, an exit.  Accordingly, this deficiency is moot.

4(1). The Board hereby grants a variance from the provisions of sections 22-3.2.2.3, 5-2.2.2 and 5-2.2.2.1 in order to allow the Applicant to maintain the existing dimensional deficiencies cited and subsections a, b,f and g.  The Board hereby directs the Applicant to correct the handrail deficiencies cited and subsections c, d and e.

(2).  The Board hereby directs the Applicant to correct deficiency 4(2) at the direction to the satisfaction of the State Fire Marshal's office before the permanent  occupancy of this facility.
	
(3).  The Board hereby grants a variance from the provisions of sections 22-3.2.2.3, 5-2.2.2 and 5-2.2.2.1 in order to allow the Applicant to maintain the existing dimensional deficiencies cited in subsections a, b,d, e and f.  The Board hereby directs the Applicant to correct the handrail deficiencies cited in subsection c.
	
(4).  The Board hereby grants a variance from the provisions of sections 22-3.2.2.3, 5-2.2.2 and 5-2.2.2.1 in order to allow the Applicant to maintain the existing dimensional deficiencies cited and subsections a, b, c, and e. The Board hereby directs the Applicant to correct the handrail deficiency cited subsection d. 
	
(5). The Board hereby grants a variance from the provisions of sections 22-3.2.2.3, 5-2.2.2 and 5-2.2.2.1 in order to allow the Applicant to maintain the existing dimensional deficiencies cited and subsections a, d and e.  The Board hereby directs the Applicant to correct the handrail deficiencies cited subsection b, c and f.
	
(6). The Board hereby directs the Applicant to correct deficiency 4(6) at the direction to the satisfaction of State Fire Marshal's office before the permanent occupancy of this facility. 

5.	The Board hereby grants a general variance from the provisions of section 22-3.2.4 in order to allow the Applicant to maintain the first floor egress system of this facility as modified herein. In granting this variance, the Board directs the Applicant to provide the doors serving the egress system with approved self-closures installed at the direction and to the satisfaction of the State Fire Marshal’s office. As agreed to during the onsite subcommittee review of this facility, the Board further directs the Applicant to submit a plan of action addressing egress from the second level of this facility.

6. As agreed to during the onsite subcommittee review of this facility, the Board hereby directs the Applicant to submit a plan of action addressing egress from the second levels of this facility.  Accordingly, the Board directs the Applicant not to occupy the second floor of the newer portion of this facility prior to the submission and execution of the above plan of action.

7. It is the understanding of the Board that the Applicant has corrected deficiency 7 at the direction and to the satisfaction of the State Fire Marshal.

8. The Board hereby grants a variance from the provisions of section 22-3.3.2.2 in order to allow the Applicant to maintain the existing separation of the boiler within this facility.  In granting this variance, the Board notes that the boiler room has sprinkler coverage.  The Board further directs the Applicant to provide the existing boiler room door with approved sprinkler heads on both sides at the direction and to the satisfaction of the State Fire Marshal.

9. The Board hereby directs the Applicant to correct deficiency 9 by raising the cited dining room lights, in accordance with sections 22-3.2.1 and 5-1.5, at the direction and to the satisfaction of the State Fire Marshal.

10. The Board hereby directs the Applicant to correct deficiency 10 by providing this facility with approved portable fire extinguishers accordance with sections 22-3.3.5.3 and 7-7.4.1 at the direction and to the satisfaction of the State Fire Marshal.

11. It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing the State Fire Marshal with the requested certifications.

12. The Board hereby grants a variance from the provisions of section 22-3.3.6.4 in order to allow the Applicant to maintain the existing panel doors in the new addition utilizing one of the following alternatives safety options.  In granting this variance, the Board directs the Applicant to either:

(1) Provide direct sprinkler coverage on both sides of the cited doors; or 

(2) To relocate the kitchen door to lead directly to the dining room and to provide the service opening of the kitchen with either an approved, rated roll-down shutter or an approved, rated Dutch-type door as discussed during the onsite meeting.  

In the event the Applicant chooses not to exercise one of the above options, the Board hereby grants a variance from the provisions of section 22-3.3.6.4 in order to allow the Applicant to provide the existing door jambs with approved solid core wood doors maintaining an approximate, as opposed to actual, fire rating of twenty minutes. The Applicant is hereby directed to correct this deficiency, as outlined above, to the satisfaction of the State Fire Marshal, prior to the issuance of a final certificate of occupancy.

13. The Board hereby directs the Applicant to correct deficiency 13 by providing the cited combustible porch with approved sprinkler coverage, at the direction to the satisfaction of State Fire Marshal, within 120 days of the date of this decision.

14. The Board hereby grants a variance from the provisions of sections 22-3.3.5.1, 7-7.1.1 and 4-6.4.1.3 in order to allow the Applicant not to provide additional sprinkler coverage in the cited attic turret space. In granting this variance, it is the understanding of the Board that the turret area is approximately five feet in diameter.

15. It is the understanding of the Board that the Applicant has corrected deficiency 15 to the satisfaction of the State Fire Marshal’s office.

16. It is the understanding of the Board that the Applicant has corrected deficiency 16 and that the referenced systems have been certified as one hundred (100%) percent operational by the Pawtucket Superintendent of Fire Alarm. (See Attached).

Note: During the March 5, 2002 hearing on this matter, the Board agreed to maintain this file as an open file in order to address any additional deficiencies or plans of action covering this facility. Accordingly, this file shall remain open until a final certificate of occupancy is issued.

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)].

This decision was mailed on 3-13-02.