The above-captioned case was scheduled for hearing on January 28, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Pearson, Richard, Newbrook, Preiss, Wahlberg and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Jasper of the Johnston Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson 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 an October 2, 2002 inspection report compiled by the Johnston Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Johnston Fire Marshal’s Office during the January 28, 2003 hearing on this matter.  

Accordingly, the Board hereby incorporates the October 2, 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.  The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the applicant to maintain the existing egress of this facility as modified herein.  In granting this variance, it is the understanding of the Board that the egress walls of this facility are made of sheetrock and that the Johnston Fire Marshal’s office has no objection in light of the applicant’s agreement to provide this facility with an approved fire alarm system.

2.  The Board hereby grants a variance from the provisions of section 23-28.16-3(a) in order to allow the applicant to maintain a second means of egress through apartment bedroom windows.  In granting this variance, the Board directs the applicant to remove all locks and locking devices from the bedrooms through which access to the fire escape system is achieved.  

3.  It is the understanding of the Board that the applicant has corrected deficiency #3 by properly re-swinging the cited door.

4.  As a condition of the variances granted herein, the Board directs the applicant to provide this facility with approved UL spring loaded hinges installed at the direction and to the satisfaction of the Johnston Fire Marshal’s office within 30 days of the date of this decision.

5.  The Board has been advised that this facility is equipped with approved emergency lighting.  Accordingly, as a condition of the variances granted here, the Board directs the applicant to maintain the emergency lighting system as a required system for purposes of maintenance.  The Board further notes that the Johnston Fire Marshal’s office has not requested the installation of exit signs.  

Accordingly, in light of the clearly defined egress passageways within this facility and in the absence of such a request by the Johnston Fire Marshal’s office, the Board shall not require exit signage as a condition of the variances granted herein.

6.  The Board hereby grants the applicant an optional variance from the provisions of section 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the applicant to provide approved portable fire extinguishers in each of the apartment units of this facility at the direction and to the satisfaction of the Johnston Fire Marshal’s office.  

7.  As a condition of the variances granted herein, the Board hereby directs the applicant to maintain the recently installed fire alarm system at this facility as a required system for purposes of maintenance.

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 5-15-03.