The above-captioned case was scheduled for hearing on February 27, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, O’Connell, Richard, Pearson, Filippi and Newbrook were present.  Commissioner Coutu recused himself from consideration of this case. The fire service was represented by the Central Falls 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 August 15, 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 27, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the August 15, 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 replacing the cited ladder with an approved fire escape at the direction and to the satisfaction of Central Falls Fire Marshal's office within 120 days of the date of this decision.

2. The Board hereby directs the Applicant to correct deficiency 2 by providing the cited boiler with an approved remote shutoff switch installed 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 fire escape system of this facility, as modified in item 1 above, as a means of egress.

3(b). The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to utilize windows is a second means of egress from this facility.

3(c). 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 construction and rating of the cited stairway as modified herein.  In granting this variance, the Board directs the Applicant to provide the wooden surfaces of the stairway walls 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.  The Board further directs the Applicant to provide the existing door jambs with approved solid core wood doors as outlined in item 5(a) below.

4(a)and (b). The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to continue to utilize windows as access to the fire escapes of this facility and kitchens as access to the stairways of this facility.

5(a). The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to provide the existing apartment and basement door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty minutes. The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

5(b). The Board hereby directs the Applicant to correct deficiency 5(b) at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

5(c). The Board hereby directs the Applicant to correct deficiency 5(c) 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 cited doors 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.

7. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to correct this deficiency as outlined in item 5 above.

8. During the February 27, 2001 hearing on this matter, the Central Falls Fire Marshal's office advised the Board that deficiency 8 was grandfathered and not being requested as a condition of the variances granted herein.

9. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed with relay to the fire alarm system, at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

10. 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 provide each of the apartment units and the basement of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 15 days of the date of this decision.

11. 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 in accordance with the provisions of section 23-28.25-4(a), at the direction and to the satisfaction of the Central Falls Fire Marshal, within 120 days of the date of this decision.

12. During the February 27, 2001 hearing on this matter, the Board was advised that the Applicant had been instructed to remove trash located on the porch of this facility.  Accordingly, the Board hereby directs the Applicant to remove the above trash, to the satisfaction of the Central Falls Fire Marshal's office, within five 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)].

The decision was mailed on 3-12-01.