The above-captioned case was scheduled for hearing on March 20, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Newbrook, O’Connell, Evans, Wahlberg, Pearson and Filippi were present.  Commissioner Coutu recused himself from consideration of this matter. The fire service was represented by Assistant Deputy State Fire Marshal Gerald Cournoyer of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg 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 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  March 20, 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 grants a variance from the provisions of section 23-28.8-6 in order to allow the Applicant to maintain the cited fire escape ladder and lead to ground.  As a condition of this variance, the Board directs the Applicant to remove all debris from the fire escape and to properly maintain and paint the fire escape, at the direction and to the satisfaction of the Central Falls 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 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 cited fire escape system as a second means of egress from this facility provided he replaces the third floor access windows at the direction and to the satisfaction of the Central Falls Fire Marshal's office.

3(b). The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain existing stairways of this facility as a second means of egress in accordance with the following conditions.  The Board hereby directs the Applicant to provide all wood surfaces within the stairways with approved Class-A finish 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 seal off the vertical opening in the left front stairway and to remove all storage in the cited opening in the left rear stairway.  The above corrections shall be completed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

4(a). The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to access the cited stairway through kitchens.

4(b). The Board hereby directs the Applicant to correct deficiency 4(b) by re-swinging the cited doors and removing any additional obstructions in the hallway, at the direction and to the satisfaction of the Central Falls Fire Marshal, within 120 days of the date of this decision.

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 stairway door jambs of this facility with approved solid core doors maintaining an approximate fire rating of 20 minutes.  The above doors shall be further installed with spring-loaded hinges, 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 by providing the cited wainscoting with approved Class-A finish, at the direction and to the satisfaction of the Central Falls Fire Marshal, within 120 days of the date of this decision.

6. It is the understanding of the Board that the Applicant has corrected deficiency 6 to the satisfaction of the Central Falls Fire Marshal's office.  See item 5(a) above.

7. The Board hereby grants a variance from the provisions of section 23-28.16-6 
in order to provide the existing door jambs of this facility with approved solid core wood doors as outlined in item 5(a) above.

8. The Board hereby directs the Applicant to correct deficiency 8, by providing this facility with approved exit signs, 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 directs the Applicant to correct deficiency 9, by providing this facility with approved emergency lighting, 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 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. The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with approved fire alarm system 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.

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 4-13-01.