The above-captioned consolidated case was scheduled for hearing on October 24, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Filippi, O'Connell, Richard, Pearson, Burlingame, Newbrook, Evans and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Patrick Cull of the Cranston 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 was unanimous.

FINDINGS OF FACT
	
During the October 24, 2000 hearing on this matter, the Board was advised that this apartment complex consists of twenty-one 12-unit apartment dwellings and one office/common area building.  The Board was further advised that each building has three levels with two common means of egress.  Finally, the Board was advised that this complex is protected by a municipally connected fire alarm system.

The numbers of the Decision below correspond with those of an August 11, 1999 inspection report complied by the Cranston Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshal’s Office during the  October 24, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the August 11, 1999 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. 

During the October 24, 2000 hearing on this matter, the Applicant and Cranston Fire Marshal agreed that the deficiencies in each building of this complex were the same.  Accordingly, the parties agreed to review a single building within the complex and apply any variances and/or plans of action to each of the remaining buildings within the complex.
	
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. It is the understanding of the Board that the Applicant has corrected deficiency 1, by properly repairing the boiler room enclosures, at the direction to the satisfaction of the Cranston Fire Marshal.

2. It is the understanding and direction of the Board that the Applicant shall correct deficiency 2 by providing the boiler room with approved smoke tight, rated doors equipped with self-closing devices, at the direction to the satisfaction of the Cranston Fire Marshal, within 180 days of the date of this decision.

3. The Board hereby directs the Applicant to correct deficiency 3, by repairing all breaches in the hallways, passageways, stairways, storage and laundry rooms, at the direction and to the satisfaction of the Cranston Fire Marshal, within 180 days of the date of this decision.

4. The Board hereby directs the Applicant to correct deficiency 4, by removing all storage from the hallways, passageways and stairways of this facility.  The Board further directs the Applicant to maintain the above egress system free of obstructions and storage.

5. The Board hereby directs the Applicant to correct deficiency 5, by repairing and/or covering all holes in the third floor firewalls and repairing all breaches in the storage rooms, at the direction to the satisfaction of the Cranston Fire Marshal, within 180 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 maintain the existing 1 3/4 inch solid core wood doors in the existing metal door jambs of this facility.  The Board further grants a variance, from the above provisions, 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 Cranston Fire Marshal, within 180 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)].