The above captioned case was scheduled for hearing on April 2, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Richard, Pearson, O’Connell, Wahlberg, Burlingame, Newbrook, and Coutu were present. The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barrosso of the Woonsocket 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 a January 24, 2002 inspection report compiled by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal during the April 2, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the January 24, 2002 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 existing rating of the cited egress systems of this facility.  In granting this variance, the Board directs the Applicant to provide the wainscoting within the egress systems with an approved Class “A” finish, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, before occupancy of this facility.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to maintain the existing fire escape system of this facility as a second means of egress.  In granting this variance, it is the understanding of the Board that the Woonsocket Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

3.	A.  The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing construction and rating of the cited stairways of this facility.
B. 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 winding stairs within the rear stairway of this facility.  This variance is based upon structural hardship.

4.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(d) in order to allow the Applicant to maintain the existing construction and rating of the cited rear stairway of this facility.  The Board further directs the Applicant to provide an approved Class “A” finish over the wainscoting within the rear stairway of this facility before occupancy.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the cited steel and solid core wood doors in the existing doorjambs of this facility and to further provide these doors with approved spring-loaded hinges before occupancy of this facility.  It is the understanding of the Board that the Applicant has corrected the swing of the exterior doors leading from this facility.

6.	It is the understanding of the Board that deficiency #6 is Grandfathered and not being requested by the Woonsocket Fire Marshal’s Office.

7.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, before occupancy of this facility.

8.	The Board hereby directs the Applicant to correct deficiency #8 by either providing this facility with approved fire extinguishers in accordance with NFPA Standard l0, l988 edition or by providing each of the apartment units of this facility with an approved fire extinguisher, at the direction and to the satisfaction of the Woonsocket Fire Marshal, before occupancy of this facility.

9.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, before occupancy 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)]