The above captioned case was scheduled for hearing on October 30, 2001 at l:00 p.m.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Coutu, Filippi and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Waterman of the Smithfield Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.  

FINDING OF FACT
		
The numbers of the Decision below correspond with those of an August l0, 200l inspection report compiled by the Smithfield Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshal’s Office during the October 30, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the August l0, 2001 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.l-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.l6-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein. In granting this variance, it is the understanding of the Board that the Smithfield Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined in item #l2 below.

2.	It is the understanding of the Board that deficiency was Grandfathered.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to access the fire escape through bedroom windows provided all locks are removed from the bedroom doors.  It is the further understanding of the Board that the Applicant has maintained the fire escape access windows in operational condition.

4.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(a) in order to allow the Applicant to maintain the existing construction and rating of the cited front and rear egress stairways within this facility.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(f) in order to allow the Applicant to maintain the existing cited width of the front and rear stairs within this facility and to further allow the cited winding stairs within this facility.

6.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6(a) in order to allow the Applicant to maintain the existing swing of the front and rear stairway exit doors of this facility.

7.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 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 Smithfield Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

8.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6(c) in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be installed at the direction and to the satisfaction of the Smithfield Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

9.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the Smithfield Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

10.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l3 and NFPA Standard l0, l988 edition in order to allow the Applicant to provide each of the apartment units in this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Smithfield Fire Marshal, within fifteen (l5) days from the date of this Decision.

11.	It is the understanding of the Board that the Applicant has corrected deficiency #ll by removing the cited non-flame resistant materials from the egress system of this facility.

12.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Smithfield Fire Marshal, in accordance with the provisions of Section 23-28.25-4(a), within one hundred and twenty (l20) days from the date of this Decision.

13.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved hardwired smoke detection, installed as a component of the fire alarm system, within one hundred and twenty (l20) days from the date of this Decision.

14.	It is the understanding of the Board that the Applicant has corrected deficiency #l4 by removing the cited combustible storage from the third floor front section of this facility. 
 
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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]