The above-captioned case was scheduled for hearing on December 19, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Coutu, Newbrook, O'Connell, Richard, Burlingame, Pearson and Filippi 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 Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion passed with Member Filippi abstaining.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a November 27, 2000 inspection report complied by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the December 19, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the November 27, 2000 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 directs the Applicant to correct deficiency 1 by providing the cited heating units with an approved remote shutoff switch, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.  

2. The Board hereby directs the Applicant to correct deficiency 2 by providing the cited heating units with an approved air vent, if deemed necessary by the mechanical inspector, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

3. The Board hereby directs the Applicant to correct deficiency 3 by providing the basement of this facility with an approved fire extinguisher installed, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

4. The Board hereby directs the Applicant to correct the first portion of deficiency 4 by providing the second floor residential unit with an approved egress walkway, installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this Decision. The Board hereby grants a variance from the provisions of section	23-28.16-2(b)(1), in order to allow the Applicant to maintain the remaining egress system of this facility as modified herein.  This variance is granted on the basis of structural hardship.

5. The Board hereby grants a variance from the provisions of section 23-28.16-2(e) in order to allow the Applicant to maintain the existing remoteness of the exit doors from the kitchens of the first floor units.

6. The Board hereby grants a variance from the provisions of section 23-28.16-2(f) in order to allow the Applicant to maintain the existing construction, fire rating and configuration of the egress system walls of this facility.  In granting this variance, it is the understanding the Board that the Providence Fire Marshal's office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system and other improvements.

7. The Board hereby grants a variance from the provisions of section 23-28.16-3(a) in our to allow the Applicant to maintain the existing egress through kitchens of this facility.  This variance is granted the basis of structural hardship.

8. The Board hereby grants a variance from the provisions of section 23-28.16-3(d) in order to allow the Applicant to either provide the existing cited door jambs with solid core or other doors maintaining an approximate fire rating 20 minutes, or to maintain the existing doors with approved domestically supplied sprinkler heads on both sides of each door.  Should the Applicant choose the second option, the system of domestically supplied sprinkler heads shall be properly engineered in accordance with the gallon and flow requirements outlined in NFPA 101, 1997 edition section 7-7.1.2.  Whichever option is selected, the Applicant shall further equipped the cited doors with approved spring-loaded hinges and the Applicant shall have 120 days from the date of this decision in which to protect the cited doors of the egress system as outlined above.

9. The Board hereby grants a variance from the provisions of section 23-28.16-5(a)(1) in order to allow the Applicant to maintain the existing construction and rating of the cited stairway walls of this facility.  This variance is conditioned upon the Applicant's protection of the egress system doors, as outlined in item 8 above, and the installation of a fire alarm system, as outlined in item 15 below.

10. 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 cited doors leading to the exterior of this facility.  This variance granted on the basis of structural hardship.

11. The Board hereby grants a variance from the provisions of section 23-28.16-6(b) in order to allow the Applicant to maintain the cited residential unit doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

12. The Board hereby grants a variance from the provisions of section 23-28.16-6(c) in order to allow the Applicant to maintain the existing door jambs within this facility.  As a condition of this variance, the Board directs the Applicant to replace and/or protect the cited wood panel doors as outlined in item 8 above.

13. As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved Group Type-A exit signage, and further provide approved emergency lighting, with a relay to the fire alarm system, at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days the date of this decision.  

14. The Board hereby grants a variance from the provisions of section 23-28.16-13 in order to grant the Applicant the option of providing each of the apartment units of this facility with approved fire extinguishers or to install extinguishers in accordance with NFPA standard 10, 1988 edition.  In any event, the Applicant shall provide extinguishers, in accordance with one of the above options, within 15 days of the date of this decision.

15. As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal, in accordance with the provisions of section 23-28.25-4(a), within 120 days of the date of this decision.

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 1-04-01.