The above-captioned case was scheduled for hearing on December 12, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Evans, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi 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 February 14, 2000 inspection report complied by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the December 12, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the February 14, 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.(a),(b)and(c)	The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing stairway wall construction of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide the wooden surfaces of the stairway with an approved Class-A finish, at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days of the date of this decision.

1.(d) It is the understanding of the Board that a variance, covering deficiency 1(d), was previously granted on December 9, 1982.

2.(a) It is the understanding of the Board that a variance, covering deficiency 2(a), was previously granted on December 9, 1982.

2.(b) The Board hereby directs the Applicant to correct deficiency 2(b) by providing the cited doors with approved spring-loaded hinges and by further repairing the laundry room door, at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days of the date of this decision.

2(c). The Board hereby directs the Applicant to correct deficiency 2(c) by providing the laundry and storage room door jambs with approved solid core wood doors maintaining an approximate fire rating of 20 minutes.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

3, 4 and 5. The Board hereby directs the Applicant to correct deficiencies 3 and 4 by providing this facility with approved exit signs and emergency lighting, at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days of the date of this decision.  The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the East Providence Fire Marshal within 15 days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 23-28.16-15 yard to allow the Applicant to maintain the cited ceiling panel material which has been applied as a wall finish in the entrance landing and on the basement level of this facility.  In granting this variance, the Board directs the Applicant to provide the above material with an approved Class-A finish, at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

7. As a condition of the variances granted herein, to the Board hereby directs the Applicant provide this facility with an approved supervised fire alarm system, installed at the direction and to the satisfaction of the East Providence Fire Marshal, in accordance with the provisions of section 23-28.25-4(b), within 120 days of the date of this decision.

8. The Board hereby grants a variance from the provisions of section 23-28.9-2 in order to allow the Applicant maintain the existing wall construction and rating of the cited boiler room of this facility.  In granting this variance, the Board directs the Applicant provide the cited boiler room with an approved domestically-supplied sprinkler head, equipped with a backflow preventer, installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

9. The Board hereby directs the Applicant to correct deficiency 9, by repairing the cited boiler room door and self-closing device, at the direction and to the satisfaction of the East Providence 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)].