The above-captioned case was scheduled for hearing on April 28, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jackson, Filippi, Richard, Blackburn, Walker, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Walker and Jackson 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 April 2, 2009 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the April 28, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the April 2, 2009 inspection report as its initial findings of fact.  Any modification of the Boards 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In reviewing this facility during the April 28, 2009 hearing, the Board determined that several of the requested items for relief would be allowed under the fifteen-point plan for apartment occupancies.  Accordingly, the Board hereby grants a variance from the provisions of section 31.2.2.1.3 in order to allow the Applicant to provide the existing stairway door jambs with solid core wood doors equipped with spring loaded hinges, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board further grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan to address the above doors and the remaining deficiencies.  The Board further grants the Applicant a time variance of 120 days from the date of this decision in order to implement the above plan.  
	2.  The Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the rear door of this facility.  The Board further grants the Applicant a time variance as outlined in item 1 above in order to re-swing the main door of this facility in the direction of egress travel at the direction and to the satisfaction of the  Woonsocket Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of section 31.2.4.4 in order to allow the Applicant to maintain the existing stairway construction of this facility based upon the fifteen-point plan.
	4.  The Board hereby grants a variance from the provisions of section 31.2.5.1 and 7.5.2.1 in order to allow the Applicant to maintain the existing exit access from the apartment units of this facility on the basis of structural hardship in accordance with the fifteen-point plan.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing an approved domestic sprinkler head over the hazard area of the basement of this facility and to further separate the basement area from the main floor with a solid core door installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office within the timetables established in item 1 above.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing documentation of emergency plans available to the tenants of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7.
	8.  It is the understanding of the Board that the Applicant has provided this facility with an approved new fire alarm system.

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 Applicants 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 Boards 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 Boards 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)].