The above-captioned case was scheduled for hearing on February 6, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, O'Connell, Richard, Burlingame, Pearson and Filippi were present. Commissioner Coutu recused himself from participation in this case. The fire service was represented by Assistant Deputy State Fire Marshal Roland St. George of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg 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 a September 26, 2000 inspection report complied by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the February 6, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the September 26, 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 grants a variance from the provisions of section 23-28.8-6 in order to allow the Applicant to maintain the existing ladder from the second floor fire escape landing.  This variance is based upon structural hardship in the absence of an objection by the Central Falls Fire Marshal.

2. The Board hereby directs the Applicant to correct deficiency 2 by providing the cited boilers with approved remote shut-off switches, at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

3(a). 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 rating to the cited stairs.  In granting this variance, the Board directs the Applicant to provide the wood surfaces of the stairways with an approved Class-A finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

3(b). The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant provide limited separation of the front and rear stairways, at the second floor level, with an approved solid core wood door in the existing door jam.  The above door shall be installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

3(c). The Board hereby grants a variance from the provisions of section 23-28.16-2 in our to allow the Applicant maintain one means of egress for the first floor apartment and to further maintain the existing windows.  In granting this variance, it is the understanding of the Board that the Central Falls Fire Marshal's office has no objection.

3(d). The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant maintain this arrangement in conjunction with the newly installed solid core wood door as outlined in item 3(b) above.

3(f). The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant maintain the existing window exits and the second floor rear units of this facility.  In granting this variance, it is the understanding of Board that the Central Falls Fire Marshal's office has no objection.

3(g). The Board hereby directs the Applicant to correct deficiency 3(g) by providing the third floor rear units with an approved escape route, at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

4. 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 wall and ceiling rating of the stairways of this facility and to further allow the Applicant to provide the existing door jam to this facility with approved solid core wood doors maintaining an approximate fire rating of 20 minutes.  The Board further directs the Applicant remove the closet under the egress stairs and to rate the scuttle, at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

5. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the egress doors of the apartments in the stairways in this facility with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing apartment door jambs with approved solid core wood doors has allied in item 4 above.

7. The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved exit signs as part of fire alarm package, at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

8. The Board hereby directs the Applicant to correct deficiency 8 by providing this facility approved emergency lighting as part of the fire alarm package, at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

9. The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA Standard 10, 1988 edition, in order to allow the Applicant to either provide fire extinguishers in each of the apartment units of this facility or to provide fire extinguishers in accordance with Standard 10.  The above extinguishers shall be installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

10. During the February 6, 2001 hearing on this matter, the Board was advised that the Applicant provided this facility with an approved master box fire alarm system.  Accordingly, as a condition of the variances granted herein, the above system shall be deemed to be a required system for the 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)].