The above-captioned case was scheduled for hearing on October 5, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Lynch of the Portsmouth Fire Marshal’s Office.  A motion was made by Commissioner Coutu 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 July 16, 2004 inspection report compiled by the Portsmouth Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Portsmouth Fire Marshal’s Office during the October 5, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the July 16, 2004 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. It is the understanding of the Board that the Applicant shall correct deficiency #1 by posting the proper occupancy signs within this facility.
	
2. It is the understanding of the Board that the Applicant shall correct deficiency #2 by removing the cited storage in the west stairwell leading from the main viewing area.
	
3. It is the understanding of the Board that the Applicant shall correct deficiency #3 by removing the curtains that had blocked the north exit in the north viewing room.
	
4. The Board hereby grants the Applicant a time variance, until July 1, 2005, to provide both sets of double doors that lead into the west stairwell on the first floor with approved self-closing devices.

5. The Board hereby grants the Applicant a time variance until July 1, 2005, in order to provide approved fire rated doors leading into the west stairwell from the main viewing area, at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office.
	
6. The Board hereby grants the Applicant a time variance until July 1, 2005, in order to provide the cited doors with approved panic hardware, at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office.
	
7. The Board hereby directs the Applicant to correct deficiency #7 by either treating or replacing the cited non-compliant curtains or by extending the sprinkler system throughout the remainder of this facility at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office.  The Board hereby grants the Applicant a period of 120 days to effect the above correction.  The Board hereby grants the Applicant a time variance until December 31, 2005, to bring the remainder of this facility into compliance at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office.
	
8. The Board hereby directs the Applicant to provide the third floor of this facility with an emergency fire escape, installed at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office within 120 days from the date of this decision.  In granting this variance the Board notes that the Applicant shall fully sprinkler this facility on or before July 1, 2005.
	
9. The Board hereby grants a variance from the provisions of sections 31.3.6.1, of the Rhode Island Life Safety Code, in order to allow the Applicant to maintain the existing rating of the second floor corridor in conjunction with an approved system of sprinklers.  In granting this relief the Board directs the Applicant to provide the existing apartment doorjambs of this facility with approved solid core wood doors maintaining an approximate twenty (20) minute fire rating.  The above doors shall be further equipped with spring loaded hinges and installed at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office within a time table established by the Portsmouth Fire Marshal’s Office.
	
10. The Board hereby grants a variance from the provisions of section 7.2.2.2.4.1, and its referenced standards, in order to allow the Applicant to maintain the existing construction and configuration of the center and north stairwells of this facility.  Specifically, the center and north stairwells shall be allowed to remain winding stairs without landings on the basis of structural hardship and in the absence of an objection by the Portsmouth Fire Marshal’s Office.  This variance also conditions upon the Applicant’s agreement to provide this facility with full sprinkler coverage.
	
11. The Board hereby directs the Applicant to correct deficiency #11 by re-swinging the cited door from the second floor leading onto the center stairwell, at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office, on or before July 1, 2005.
	
12. It is the understanding of the Board that the Applicant shall correct deficiency #12 at the direction and to the satisfaction and within a timetable established by the Portsmouth Fire Marshal’s Office.
	
13. The Board hereby grants a variance from the provisions of section 6.1.14.4.1 in order to allow the Applicant to maintain the existing separation of occupancies within this facility.  This variance is granted pursuant to the Applicant’s agreement to provide this facility with approved full sprinkler coverage at the direction and to the satisfaction of the Portsmouth Fire Marshal as outlined above.
	
14. The Board hereby grants a variance from the provisions of section 31.3.1.1.1, in order to allow the Applicant to maintain the existing construction and rating of the center and north stairwell of this facility in conjunction with full sprinkler coverage.
	
15. The Board hereby directs the Applicant to correct deficiency #15 by providing approved sprinkler coverage in the northeast viewing room, restrooms and the sitting room outside the restrooms, at the direction and to satisfaction of the Portsmouth Fire Marshal, on or before July 1, 2005.
	
16. The Board hereby directs the Applicant to correct deficiency #16 by relocating the cited sprinkler heads on or before July 1, 2005.  In the meantime, the Board directs the Applicant to install approve melt away tiles in the drop ceiling at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office.
	
17. The Board directs the Applicant to immediately correct deficiency #17 by maintaining the light bulbs in the cited exit signage from the main viewing area to the west stairwell and east exit.
	
18. The Board hereby directs the Applicant to correct deficiency #18 by providing exit signage with battery back-up in the apartment section of the building at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office, within 120 days from the date of this decision.
	
19. The Board hereby directs the Applicant to correct deficiency #19 by providing additional exit signage in the casket room area, at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office, within 120 days from the date of this decision.
	
20. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved municipally connected (radio box) fire alarm system, at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office or designee, on or before July 1, 2005.

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)].